Privacy Policy & Statement:
The CalOptic web site has been designed to provide a safe, effective means to gather information and place orders via the Internet. Privacy is of great importance; and information you provide to CalOptic does not leave CalOptic. There is enough junk mail / e-mail spam in the world, CalOptic does not sell, trade, or otherwise exchange customer addresses or e-mails.
For the purpose of security, this site offers Verisign 128bit SSL Encryption of sensitive data. This process is endorsed by the credit card issuers as a safe way to transmit sensitive data via the Internet. Checking out using SSL Encryption ensures that the information you provide will be accessible only to CalOptic. Also CalOptic does not store your credit card information in any of our systems, this is done also for your security. Any changes or returns will require us to contact you to get your credit card information.
CalOptic provides links to other web sites that provide sales and information we believe may be useful to our customers. CalOptic does not pass any information to these web sites at anytime and is not responsible for the privacy practices or the content of such web sites.
Entire Agreement (Policies & Procedures): This Agreement (Policies & Procedures) represents the entire agreement and understanding between the parties and supersedes all prior agreements (including any credit card agreements or warranties) and understandings between them relating to the transaction. No terms and/or conditions other than those set forth in this Agreement (Policies & Procedures) shall be binding on CalOptic Inc. unless expressly agreed to in writing by CalOptic.com .
Construction: Each party intends that this Agreement (Policies & Procedures) in all respects shall be deemed and construed to have been mutually by all.
Severability: Should any provision of the Policies and Procedures be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent for CalOptic.com , or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect.
Force of Nature:CalOptic.com shall not be liable for its failure to perform any of its obligations hereunder during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, interruptions in telecommunication services or Internet access, fire, flood, earthquake, war, embargo, strike, acts of God or the intervention of any governmental authority.
Confidentiality: Each party acknowledges and agrees that any information or data it has acquired or will acquire from or about the other party, not otherwise properly in the public domain, was or will be received in confidence. Each party agrees not to divulge, communicate or disclose, except as may be required by law or for the performance of this Agreement (Policies and Procedures), or use to the detriment of the other party or for the benefit of any other person or persons, or misuse in any way, any confidential information of the other party, including any scientific, technical, trade or business secrets of the other party and any scientific, technical, trade or business materials that are treated by the other party as confidential or proprietary, including, but not limited to, ideas, discoveries, inventions, developments and improvements belonging to the other party and confidential information obtained by or given to the other party about or belonging to third parties. If either party's confidential information is required to be disclosed pursuant to a requirement of a governmental authority, such confidential information may be disclosed by the other party pursuant to such requirement so long as the disclosing party gives the other party timely prior notice of such requirement and coordinates with the other party in an effort to limit the nature and scope of such required disclosure.
Limitation of Liability . CalOptic.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY TRANSACTION, EVEN IF CalOptic.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF DATA OR LOSS OR INTERRUPTION OF SERVICES OR COMMUNICATIONS.
Disclaimer . EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, CalOptic EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TRANSACTION (SALE OF GOODS OR SERVICES), THE LINKS, TRADEMARKS AND ANY OTHER SERVICE PROVIDED BY CalOptic HEREUNDER, AND ANY OTHER SERVICE, CONTENT, TOOLS OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, CalOptic EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF ANY CalOptic.COM .
Governing Law . Any legal proceeding shall be governed by and enforced in accordance with the laws of the state of California. Jurisdiction and venue of any legal proceeding shall be in Orange County, California but both customer and CalOptic agree that all disputes will be settled through mandatory Arbitration, located in Santa Ana, California. By submitting and agreeing to our policies and procedures you have read and understand the terms and policies and procedures set forth on throughout this page and by completing any transaction with CalOptic Inc. agree to be bound by these policies and procedures described throughout this page. The date of execution shall be the date the order it was placed.