Terms of Use

  
[section bg=”white” effect=”default” img=””][section bg=”default”][inf title=”TERMS OF USE” subtitle=”OVERVIEW”]

Terms of Use

Overview

Please read this Terms of Use Agreement (The “Agreement” or “Terms”) Carefully. This is a legal contract between you and COOSHA Cal Inc.

The “Website”, or “Application”, or “Software” is operated by COOSHA Cal Inc.. Throughout the site, the terms “we”, “us” and “our” refer to COOSHA Cal Inc. COOSHA Cal Inc. offers this website, software or application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This agreement also applies to the company’s services and resources available or enabled via the website or application (Each a Service and collectively, the “Services”).

By visiting our site or application or services and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site or application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or application. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement you shall stop using the Website, Application and Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or application following the posting of any changes constitutes acceptance of those changes.

Our application is hosted on Google Play. They provide us with the platform that allows us to sell our products and services to you.

 

SECTION 1 – WEBSITE, APPLICAITON TERMS

By agreeing to these Terms of Service, you represent that you are at least  at least thirteen (13) years old or over;

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS & UNAUTHORIZED USE OR ACCESS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. (c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or application through which the service is provided, without express written permission by us. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;(d) Use the Website, Services, or Application or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; (e) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or (f) Market any goods or services for any business purposes.  (g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, Services or Applications, or to obtain any information from the Website, Services or Applications; (h) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site or application is not accurate, complete or current. The material on this site or application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or application is at your own risk.

This site or application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site or application at any time, but we have no obligation to update any information on our site or application. You agree that it is your responsibility to monitor changes to our site and application.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our applications/products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES, APPLICATION LICENSE (if applicable)

Subject to your compliance with these Terms, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Company’s Application on mobile devices and computers that you own or control solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Google Play Store (an “App Store Sourced Application”), you will only use the Google Play Store Sourced Application (i) on Android-branded platforms (ii) as permitted by the “Usage Rules”set forth in the Google Play Store Terms of Service.

Certain products or services may be available exclusively online through the website or application.

We have made every effort to display as accurately as possible the colors and images of our products that appear. We cannot guarantee that your computer and/or mobile device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue our website, application or services at any time. Any offer for any service made on this site or application is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

Registering your Account.

In order to access certain features of the Website, the Application, or the Services you may be required to become a Registered User. For purposes of these Terms, a “Registered User” is a User who has registered an account on the Website or Application (“Account”). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

You agree to provide current, complete and accurate account information for all purchases made on our website or application. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site and/or application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website  and/or application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – MOBILE DEVICES AND SERVICES

By accessing and using the Application or “App”, you acknowledge and agree that you may receive certain communications from the Services (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively “Mobile Communications”). Please note that by accessing and using the App, you may incur fees from the provider or carrier of the mobile services that you use (“Carrier”) and you are solely responsible for the payment of such fees, including for text messages and data. When you use the Application, our Application collects your location information from your GPS, pulls information from your local calendar and address book on your mobile device and also pushes information you enter into the App back to your calendar and/or address book, as detailed in our privacy policy. You hereby authorize us and our App to take such actions and access your calendar, address book and GPS.

 

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the website and/or application is governed by our Privacy Policy.

 

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site, application or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update if any information in the Service or on any related website or application is inaccurate at any time without prior notice (including after you have downloaded the application.

We undertake no obligation to update, amend or clarify information in the Service or on any related website or application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or application, should be taken to indicate that all information in the Service or on any related website or application has been modified or updated.

 

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, application, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, application, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall COOSHA Cal Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states and/or provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless COOSHA Cal Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 16 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 17 – GOVERNING LAW

Please note that the laws of the jurisdiction where you are located may be different from Canadian law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that re applicable to your use of the Website and the Services.

 

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@cooshsacal.com.

 

SECTION 21 – REFUNDS

Refunds (if applicable): We do not issue refunds for our services and/or application.[/section]

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