TERMS AND CONDITIONS 

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”) BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER WWW.THECALIFORNIABEACHCO.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of WWW.THECALIFORNIABEACHCO.COM, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by The California Beach Co., LLC (“Company,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW WHICH DESCRIBE YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms 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 FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

OVERVIEW

  1. WEBSITE USE
  2. PRIVACY & SECURITY DISCLOSURE
  3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
  4. PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE
  5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  6. MODIFICATIONS TO THE WEBSITE AND PRICES
  7. PAYMENT
  8. ORDER PLACEMENT AND ACCEPTANCE
  9. SUBSCRIPTIONS
  10. SHIPPING
  11. DELIVERY CONFIRMATION
  12. RETURNS AND REFUNDS
  13. SOCIAL MEDIA
  14. DISCLAIMER OF WARRANTIES
  15. DISCLAIMER OF LIABILITIES
  16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  17. INDEMNIFICATION
  18. THIRD-PARTY WEBSITES AND LINKS
  19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
  20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
  21. ELECTRONIC COMMUNICATIONS
  22. ASSIGNMENT
  23. NO WAIVER
  24. NO AGENCY RELATIONSHIP
  25. SEVERABILITY
  26. TERMINATION
  27. ENTIRE AGREEMENT
  28. QUESTIONS OR ADDITIONAL INFORMATION
  • 1. WEBSITE USE
  • By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

  • 2. PRIVACY & SECURITY DISCLOSURE
  • Our privacy policy may be viewed at Privacy Policy.  The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms.  Company reserves the right to modify the Privacy Policy at its sole discretion. 

  • 3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS 
  • All aspects of our Website, including content, images, graphics, text, illustrations, trademarks, trade names, service marks, logos, software, information from our licensors, and other materials, is the property of Company or its subsidiaries and affiliates or that of its suppliers or licensors and is protected by patent, trademark, copyright, and/or other intellectual property laws under United States and/or foreign laws. Except as otherwise provided on the Website or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any aspect of the Website in whole or in part, for any public or commercial purpose without the specific prior written permission of Company. We grant you a personal, limited, nonexclusive, nontransferable license to access the Website and to use the information and services contained therein solely for your personal, noncommercial use as described below. You do not acquire any ownership or other rights by using the Website or any aspect of it.  To the fullest extent permitted by applicable law, we reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, as well as features and/or hours of availability of the Website, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. All rights and remedies are reserved.

    Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Company and you should not rely on the existence of such a connection or affiliation. Any trademarks or trade names featured on this Website are owned by the respective owners. Where a trademark or brand name is used solely to describe or identify the products and services, it is in no way an assertion that such products or services are endorsed by or connected to Company.

    You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, defamatory, or infringing material; or (3) any other unlawful act.

  • 4. PRODUCTS SOLD FOR PERSONAL USE ONLY
  • You agree that any products or services you purchase from Company and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.

  • 5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 
  • While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    This Website 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 Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. 

  • 6. MODIFICATIONS TO THE WEBSITE AND PRICES 
  • We reserve the right at any time to modify or discontinue access to the Website (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, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy

    We reserve the right 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. All descriptions of products, services, or pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited. Promotions and discount codes cannot be combined or used together in conjunction.

  • 7. PAYMENT
  • All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover. We also accept Apple Pay, Google Pay, Paypal, Amazon and Shop Pay.

    When placing an order online, you will need:

    1. The address the card’s statement is sent to (billing address); 
    2. The card number and expiration date; and
    3. The 3 or 4 digit code found only on the card (CVV2 code).

    By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

    We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

    We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement. 

  • 8. ORDER PLACEMENT AND ACCEPTANCE 
  • Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. All orders are subject to availability. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

  • 10. SHIPPING 
  • Company ships to addresses located in the United States but not to PO Boxes.  Please visit our Shipping & Returns webpage for additional terms that may apply to your order.

    Standard Shipping times are 4-7 business days after an order is processed, but in some cases may be up to 10-14 business days due to high demand or unforeseen events. Backordered and pre-order products are posted on the individual product pages and may take up to 6-8 weeks for delivery. We appreciate your order and patience. Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by phone or email (info@thecaliforniabeachco.com) immediately. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.  

    Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

  • 12. RETURNS AND REFUNDS
  • We want you to love every purchase you make, but, occasionally, a product may not meet your expectations. If you are dissatisfied with your purchase for any reason, please review our Shipping & Returns webpage for details concerning your specific purchase.   We generally offer a 30-Day FREE Return Policy for all products, and customers are not responsible to pay for return shipping. A free return shipping label will be provided upon request. All refunds are returned back to the original payment method used for purchase. Please allow for 5-7 business days for the refund to be credited back to your account. Please contact customer service at 866-990-6570 or customerservice@thecaliforniabeachco.com if you would like a refund. 

  • 13. SOCIAL MEDIA
  • This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”). 

    Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Company. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

    You may link to our home page, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

  • 14. DISCLAIMER OF WARRANTIES
  • EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  • 15. DISCLAIMER OF LIABILITIES
  • EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, PRODUCTS, SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER COMPANY HAS OR HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, COMPANY IS FOUND LIABLE UNDER ANY THEORY, COMPANY’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER COMPANY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

  • 16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  • PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS AS A COURT WOULD.

  • General
  • Arbitration is a manner of resolving a claim without filing a lawsuit. “Claim” means any dispute between you, Company, or any third party relating to your account, your use of the Website, your relationship with Company, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products or services, and any act or omission by Company or any third party related to your use or attempted use of the products or services. You, Company, or any such third party may pursue a claim. Company agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Company.  By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

    Notwithstanding the foregoing, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in California on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.

  • Exceptions
  • Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Company both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. 

    The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in California: (i) an action by Company relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Company for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in California, and forever waive any challenge to said courts’ jurisdiction and venue.

  • Required Pre-Dispute Procedures
  • We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to The California Beach Co., Attn: Legal Department, 2505 Lovett Ln. Cedar Park, TX 78613. Company will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Company or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in a state or federal court located in California to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions. 

  • Commencing Arbitration
  • You and Company agree to commence any arbitration proceeding within 1 year after the claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred. 

  • Arbitration Location
  • If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Los Angeles, California unless Company otherwise agrees to arbitrate in another forum requested by you. 

  • Organization, Rules and the Arbitrator
  • We each agree that any and all claims other than those exempted above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). We further agree that the AAA Consumer Arbitration Rules shall apply. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Company.

  •   Governing Law and Award
  • The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

  • Enforceability
  • These dispute resolution provisions survive termination of your account or relationship with Company, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then these dispute resolution provisions shall be rendered null and void and shall not apply. If other portions of these dispute resolution provisions are deemed unenforceable, the remaining portions shall remain in full force and effect. 

  • Miscellaneous
  • Failure or any delay in enforcing these dispute resolution provisions in connection with any particular claim will not constitute a waiver of any rights to enforce them or require arbitration at a later time or in connection with any other claims except that all claims must be brought within the 1 year limitation period set forth above. 

    YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT THE CALIFORNIA BEACH CO., ATTN: LEGAL DEPARTMENT, 8601 LINCOLN BLVD., SUITE 180-560, LOS ANGELES, CA 90045. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE THIRTY (30) DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

  • 17. INDEMNIFICATION
  • To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your use of the Website; (2) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (3) your breach of any representations or warranties in this Agreement; or (4) your violation of any law or the rights of a third party.

  • 18. THIRD-PARTY WEBSITES AND LINKS
  • Our Website may include materials from third-parties or links to third-party websites. We are not responsible or liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

  • 19. USER CONTENT AND OTHER SUBMISSIONS 
  • Company may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Company’s products, in printed and online media, as Company determines in its absolute discretion. Additionally, Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Company shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial. All featured reviews are from authenticated purchases and customers. Certain customers have received a discount code for future purchases as an incentive for their review.

    The Website may permit the submission of content, information, text, images, recordings, audio content, videos or other communications submitted by you ("User Content"), as well as the distribution of such User Content to other users of the Website. By submitting User Content, you grant Company, its agents, licensees, and assigns an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the User Content as-is or as-edited (with or without using your name) in any media throughout the world for any purpose now existing or hereinafter developed, without limitation, and without additional review, compensation, or approval from you. In addition, Company has no obligation to keep any User Content confidential.

    With respect to all User Content that you submit, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant the right set forth in the preceding paragraph; (ii) the User Content does not infringe any patent, trademark, trade secret, copyright or other proprietary right of any other party; (iii) the User Content does not violate the rights of any person or entity (including, without limitation, intellectual property rights and privacy rights); (iv) the User Content is not misleading or inaccurate; (v) the User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, profane, libelous, invasive of another’s privacy, aimed at gender, race, color, ethnicity, sexual orientation, national origin, religious views, or disability, hateful or bashing, otherwise objectionable, or in violation of local, state, national, or international law; (vi) the User Content is not an advertisement or solicitation of business; (vii) the User Content does not disrupt the normal flow of dialogue and is not unrelated to the topic being discussed (unless it is clear the discussion is free-form); and (viii) all User Content does and will comply with the Terms.

  • 20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
  • This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

    The California Beach Co.

    Attn: Legal Department

    2505 Lovett Ln.

    Cedar Park, TX 78613

    info@thecaliforniabeachco.com

    You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

    In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

  • 21. ELECTRONIC COMMUNICATIONS 
  • You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

  • 22. ASSIGNMENT 
  • You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Company may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Company’s business is transferred to another entity by way of merger, sale of its assets or otherwise. 

  • 23. NO WAIVER 
  • No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  • 24. NO AGENCY RELATIONSHIP 
  • No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product or service from us or from using this Website.

  • 25. SEVERABILITY 
  • Subject to any other provisions in these Terms, in the event that any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  • 26. TERMINATION
  • In the event that we terminate this Agreement, all disclaimer, limitation, dispute resolution, and indemnification provisions, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

  • 27. ENTIRE AGREEMENT 
  • These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Company, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

  • 28. QUESTIONS OR ADDITIONAL INFORMATION 
  • If you purchased a product or service through the Website, please contact Customer Support by phone or email. 

    Customer Service Phone: 866-990-6570

    Customer Service Email: info@thecaliforniabeachco.com