Agreement Pertaining to Utilization of Services
The following stipulations (“Agreement”) dictate the conditions under which the provisions of services (“Services”) proffered by CALISONE (hereinafter “Company,” “we,” “us,” or “our”) are to be esteemed and abided by.
Communications and Accessibility
The officially recognized digital portal is available at calisone.com (henceforth referred to as the “Website”). The Website, together with associated products and services referencing this Agreement, collectively constitute the “Services” provided.
In circumstances where communication with the Company is necessitated, users may liaise through:
Phone: 1-866-885-1816
Email: support@calisone.com
Postal Address:
210 Wall St,
Salisbury,
NC 28146,
US
Acceptance of Terms
By engaging with or utilizing our Services, the individual user (“User” or “you”), whether acting in personal capacity or representing an entity, consents to be legally bound by these terms. Should there be discontent or disagreement with any clause of this Agreement, it is advised to abstain from interacting with or utilizing our Services.
Modifications to the Agreement
In instances where modifications or updates to this Agreement ensue, efforts will be initiated to provide advance notice. Such amendments become effective immediately upon being posted on our Website or upon direct notification, whichever precedes. Continued use of our Services subsequent to such amendments signifies acceptance of the revised terms.
Age Restriction
It is to be noted that our Services cater exclusively to individuals aged 18 years or older. Individuals under the aged threshold of 18 years are hereby forbidden from accessing, registering for, or utilizing our Services.
Extent of Services
The information and content disseminated via our Services is not intended for individuals within jurisdictions where such dissemination contravenes local laws and regulations, or necessitates registration therein. Individuals accessing our Services from such jurisdictions do so at their own behest and accept responsibility for compliance with applicable local laws.
Our Services are not tailored to meet specific regulatory standards such as HIPAA, FISMA, among others. Should your engagements necessitate adherence to such regulatory frameworks, the use of our Services is strongly discouraged. Engagement with our Services in contravention of the Gramm-Leach-Bliley Act (GLBA) is expressly prohibited.
Intellectual Property Rights
Ownership and Rights
We maintain ownership or serve as licensees for all intellectual property rights associated with our Services, including but not limited to software, databases, designs, texts, images, graphics (collectively termed “Content”), as well as trademarks, service marks, and logos (referenced as “Marks”). All Content and Marks are protected under U.S. copyright, trademark laws, and relevant international treaties. Provision of Content and Marks through our Services is intended solely for individual, non-commercial use.
Licensing
Subject to compliance with the legal terms herein and any “Prohibited Activities,” we grant a revocable, non-exclusive, non-transferable license to:
Utilize the Services; and
Retrieve or print content which you have accordingly accessed.
Reproduction, republishing, uploading, encoding, or distributing any part of our Services, Content, or Marks for commercial purpose without explicit prior written consent is strictly prohibited. Requests for permission to use our Services, Content, or Marks not explicitly permitted should be directed to: parmalastrawther@ladlily.com. If permission is granted, the Company must be acknowledged as the owner or licensee of Content or Marks, and all proprietary notices must remain intact.
All residual rights not explicitly conferred herein are reserved.
Unauthorised use or infringement of these Intellectual Property Rights will result in the immediate termination of access to our Services.
User Contributions
Familiarize yourself with this section and the “Prohibited Activities” before utilizing our Services:
By providing feedback, comments, or other information about our Services (“Submissions”), you transfer all associated intellectual property rights to us. We reserve the right to utilize, disseminate, and appropriate these Submissions for any purpose, commercial or otherwise, without any recognition or compensation to you.
Users engaging with our Services, creating content (referred to as “Contributions”), which may include text, images, audio, and visual works, grant us broad rights to use these Contributions for various purposes.
Responsibilities
Upon submission of content, Users must ensure:
Compliance with stipulated “Prohibited Activities.”
The absence of unlawful, deceptive, or confidential information.
Waiving any challenges to the use of content.
Verification of authenticity and rightful ownership.
Certify content does not disclose confidential information.
Non-compliance will lead to financial responsibility for any damages incurred. We reserve the right to edit or remove detrimental or violative content and may apply measures such as account suspension or legal referrals.
User Representations
By utilizing Services, you affirm:
The accuracy and currency of provided information.
Maintenance of accuracy.
Legal capacity to adhere to terms.
Residing in a lawful jurisdiction.
Avoiding automation for Services access.
Compliance with pertinent laws.
False information may lead to account suspension or termination.
User Registration
Registration may be required for certain Services. It is the User's responsibility to protect account information and password confidentiality. We reserve the right to modify or reclaim inappropriate usernames.
Purchases and Payment
Accepted payment methods comprise:
Visa
Mastercard
Paypal and Stripe
Provision of accurate purchase and account information is mandatory. Prices, including tax, are subject to change, all payments are to be rendered in US dollars. Shipping charges apply, and we reserve the right to rectify pricing discrepancies. Order restrictions may be imposed based on various factors, including customer account status and payment method, with reserved rights to limit or revoke orders, particularly those suspected as emanating from resellers.
Return Policy
Users are advised to consult the Service’s Return Policy before making purchases.
Prohibited Activities
Utilization of Services should be confined to designated purposes. Unauthorized commercial exploitation or endorsements are prohibited.
Explicitly forbidden actions include:
Harvesting data without authorization.
Misrepresentation to solicit sensitive information.
Circumventing or compromising security features.
Defaming or damaging the Services' reputation.
Harassing other users.
False incident reporting.
Violating legal regulations.
Unauthorized linking or framing.
Disseminating spam, malicious uploads, or disrupting Services.
Using automated scripts or data mining.
Removing copyright or proprietary notices.
Impersonating others.
Uploading spyware.
Overloading Services or affiliated networks.
Threatening or harassing employees or agents.
Modifying or reverse engineering software.
Recruiting automated systems without authorization.
Collecting email addresses or usernames without consent.
Competing against or exploiting the Services for profit.
User Generated Contributions
The Services provide a platform for interaction and content sharing (“Contributions”). Such Contributions are visible to other users and are non-confidential and non-proprietary. It is imperative that Users:
Ensure Contributions are not infringing third-party rights.
Grant rights to utilize, represent, and modify Contributions.
Allow Contributions to be associated with identifiable information as necessary.
Avoid including promotional material.
Ensure content is not offensive or harmful.
Comply with pertinent laws and regulations.
Ensure contributions are age-appropriate and protective of minors.
Avoid content that may harm based on race, gender, or other personal characteristics.
Not violate or share content contravening terms, laws, or regulations.
Misuse of Services may result in loss of access.
Contribution License
By sharing Contributions, Users grant:
A broad, unrestrictive, perpetual, and transferable license to utilize, share, modify, and build upon Contributions.
The license extends across various media and technologies and includes name, company, and branding elements.
While ownership and rights to Contributions are retained, Users affirm legitimacy.
Users bear sole responsibility for Contributions. We reserve discretionary rights to:
Modify, obscure, or re-classify Contributions.
Pre-screen or remove Contributions.
Monitor Contributions without obligation.
10. GUIDELINES FOR REVIEWS
The submission of reviews via our Services is permissible, contingent upon strict adherence to the following stipulations:
Disseminate observations derived from verifiable personal experiences.
Abstain from employing offensive verbiage or content.
Refrain from enunciating discriminatory statements anchored in gender, nationality, socioeconomic status, orientation, or disability discrepancies.
Eschew discussions concerning illicit activities.
Do not engage in the unwarranted augmentation or besmirching of reputations.
Abstain from proffering unfounded claims regarding the legality of actions.
Refrain from endeavors aimed at soliciting reviews, whether favorable or adverse.
Do not orchestrate campaigns with the objective of manipulating reviews.
We reserve the autonomous right to either accept or expunge reviews at our discretion. We disclaim responsibility for the contents of the reviews and hereby acquire an unrestricted right to utilize and modify your review content as deemed appropriate.
11. SOCIAL MEDIA INTEGRATION
Our Services facilitate the synchronization of your accounts from third-party service providers. The subsequent considerations are pivotal:
Joining is either achieved by inputting your third-party account credentials or by granting us access permissions.
We strictly adhere to the terms and conditions governing your external service accounts.
There are no supplementary charges levied for employing this integration feature.
Depending on your privacy configurations, particular content from your third-party accounts may manifest within our Services.
If your third-party account becomes inaccessible or its linkage is severed, ensuing alterations within our Services may transpire.
Interactions with external service providers are exclusively under your jurisdiction.
We might scrutinize content from your linked accounts for authenticity and legal conformity but disclaim responsibility for said content.
We reserve the prerogative to notify you concerning other users who have linked analogous external service accounts.
You retain the liberty to disconnect your third-party service account at any time. Post-disconnection, solely your username and profile image will be preserved by us.
12. THIRD-PARTY WEBSITES AND CONTENT
Our Services may embed hyperlinks to external websites (henceforth referred to as “Third-Party Websites”) as well as diverse materials including but not limited to articles, photographs, texts, illustrations, etc. ("Third-Party Content"). We neither possess nor endorse these external resources, and your engagement with them is undertaken at your sole risk. Any transactions or interactions with Third-Party Content are entirely your responsibility and are not within our purview. Should you incur any losses from such engagements, we bear no liability. Prior to interaction, we advise a thorough review of their terms and policies.
13. SERVICES MANAGEMENT
We reserve the authority to:
Supervise the Services for any breaches of our stipulated terms.
Undertake necessary legal actions as warranted.
Report any unlawful activities to the pertinent authorities.
Restrict, deny, or limit your access or contributions to the Services.
Administer the Services to ensure operational excellence and protect our proprietary rights.
14. PRIVACY POLICY
We hold your privacy in paramount regard. You are encouraged to scrutinize our Privacy Policy at /privacy-policy/. By availing yourself of our Services, you are in agreement with our privacy stipulations. Our Services are hosted within the United States. Thus, if accessing from outside the United States, you acknowledge and consent to the transfer of your data to the United States.
15. TERM AND TERMINATION
Your agreement with us persists for the duration of your use of our Services. However, we reserve the prerogative to terminate or restrict your access at any time and for any reason, sans prior notice. In the event of an account termination, abstain from attempts to establish a new account. Should you contravene any terms, we reserve the right to pursue legally permissible actions against you.
16. ALTERATIONS AND SERVICE DISRUPTIONS
We retain the unequivocal right to alter, amend, or eliminate any component of our Services at our sole discretion, sans obligation to furnish prior notice. Additionally, we may, at our discretion, suspend, alter, or discontinue any segment of our Services at any juncture without prior notification. In such events, neither you nor any third-party entity may seek redress or hold us accountable for any resultant repercussions.
We cannot guarantee uninterrupted access to our Services at all times. Due to potential technical complications, requisite maintenance procedures, or unforeseen circumstances, occasional disruptions, delays, or cessations may occur. Should we opt to modify, suspend, or terminate our Services for any reason, we are not obligated to furnish justifications. Moreover, should access issues arise during these periods, we disclaim responsibility for any resultant damages or inconveniences. The stipulations herein do not constitute an obligation for us to sustain the Services, provide updates, or rectify discrepancies.
17. APPLICABLE JURISDICTION
The stipulations, conditions, and any disputes emanating from our Services are subject to and interpreted in accordance with the laws of the State of Texas. Regardless of the user’s geographical location, Texas’ legislative framework presides over all matters concerning our Services, without consideration of divergent legal provisions.
18. RESOLUTION OF DISPUTES
Preliminary Negotiations
In the interest of timely and efficient resolution of disagreements, disputes, or claims arising from these Terms (hereinafter singularly referred to as “Dispute” and collectively as “Disputes”), both you and we (each a “Party” and collectively the “Parties”) shall endeavor to resolve any Dispute (except those expressly delineated below) through amicable negotiations for not less than thirty (30) days prior to initiating any formal proceedings. Such discussions commence upon the receipt of written notice from one Party to the other.
Mandatory Arbitration
Should amicable negotiations fail to yield a resolution, the Dispute shall be conclusively resolved through arbitration, with certain exceptions noted below. It is pivotal to recognize that by agreeing to this clause, YOU ARE WAIVING YOUR RIGHT TO SEEK REDRESS THROUGH THE COURTS AND TO PARTICIPATE IN A JURY TRIAL. Arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where pertinent, the AAA’s Supplementary Procedures for Consumer-Related Disputes, accessible on the AAA’s official site. Arbitration fees and remuneration will be managed per AAA Consumer Rules, and where relevant, AAA Supplementary Procedures for Consumer-Related Disputes. Arbitration venues may be selected as in-person hearings, telephonic consultations, or online mechanisms, based on the arbitrator’s discretion. The arbitrator’s decision is final and binding but must be in writing and contestable only under grounds stipulated in the Federal Arbitration Act. Both Parties may seek injunctions or provisional remedies from the court to prevent breaches during arbitration.
If legal action is pursued instead of arbitration, it shall be instituted in the state and federal courts within the United States, with the Parties waiving objections on grounds of personal jurisdiction or venue inconvenience. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.
No Party shall initiate Disputes related to the Services more than three (3) years after the incident giving rise to the Dispute. If any part of this stipulation is deemed unlawful or unenforceable, remaining provisions remain effective.
Limitations on Arbitration
Arbitration is confined to Disputes between the Parties. As permitted by governing laws, (a) no arbitration involves multiple parties; (b) no Party insists on class-based arbitration or participates in class actions; and (c) no Party has the right or authority to initiate arbitration on behalf of the public or external entities.
Exclusions from Preliminary Negotiations and Arbitration
Certain exceptions exist from the aforementioned processes, specifically: (a) Disputes related to intellectual property rights protection; (b) Disputes from unauthorized Services use; and (c) claims for injunctive relief. These exceptions are adjudicated in the competent courts, with both Parties accepting the personal jurisdiction of said courts if a provision is determined unlawful or unenforceable.
20. RECTIFICATIONS
Information presented on our Services may contain typographical errors, inaccuracies, or omissions including descriptions, pricing, availability, and other pertinent details. We reserve the unequivocal right to amend or rectify information on the Services at any juncture, sans prior notice.
21. DISAVOWAL OF WARRANTY
The Services are provided on an “as-is” and “as-available” basis. Your utilization of the Services is solely at your discretion and risk. We disclaim all warranties, express or implicit, pertaining to the Services and any engagement thereof, including warranties of merchantability, suitability for a specific utility, and non-infringement. We disclaim liability for (1) content discrepancies, errors, or inaccuracies, (2) harm resulting from Services use, (3) unauthorized access to personal or financial data, (4) Service interruptions or data transfers, (5) malicious software or unauthorized third-party access, and (6) content discrepancies accessible via the Services. Users must exercise prudence when engaging with third-party offerings.
22. RESTRICTION OF LIABILITY
Under no circumstances shall our board, staff, or representatives be accountable for any damages—direct, indirect, incidental, special, or consequential—including lost profits, data, or other intangible losses resulting from Services use, even if we were notified of potential damages. Our liability is limited to the nominal amount paid for the Services unless mandated by law.
23. INDEMNIFICATION
You commit to indemnifying and holding our organization, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claims or demands, including legal fees, from third-parties arising from your breach of these Terms or infringement of any law or third-party rights. We shall promptly notify you of such claims and assist in defense, at your expense.
