California Insider and its affiliates (collectively “California Insider,” “our,” “us,” or “we”) owns and operates https://californiainsider.com and its associated websites and mobile sites (the “Sites”). California Insider provides its Sites, including all information, videos, images, tools, commenting and linking publishing capabilities, and all other services available made available by us to Users through our Sites (collectively, the “Services”).
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 23 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.
The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.
1. ENTIRE AGREEMENT.
This Agreement and our Privacy Policy and any other agreements we may post on the Services from time to time comprises the entire agreement between User and California Insider, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Privacy Policy, or Digital Subscription Terms of Service and all applicable laws, rules, and regulations.
2. DESCRIPTION OF SERVICE.
California Insider grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. California Insider reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.California Insider (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE.
California Insider reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. California Insider shall not be liable to any User or any third party should California Insider exercise its right to modify or discontinue any Services provided.California Insider also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://californiainsider.com/terms-of-service. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.
4. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.5. CONTENT OWNERSHIP.
The content on The California Insider Sites, including but not limited to, content, features, functionality, photos, articles, and site layout, as well as all logos of the California Insider appearing on the California Insider website (the “Site Content”), are the exclusive property of California Insider, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Site Content for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of California Insider, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of California Insider, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
Unless stated otherwise on The California Insider Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through California Insider. In exchange for the publishing services provided by California Insider, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to California Insider to use all content the User publishes through California Insider without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the California Insider name in commercial activity without prior written consent of California Insider.
You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) you provide to us through our Services are not confidential, and become our sole property. California Insider reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.
6. CONTENT RESPONSIBILITY.
We reserve the right to modify and update the Site Content or Services at any time, including to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that California Insider neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.You agree that Comments provided to California Insider will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email 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.
This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. California Insider does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. California Insider’ inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.
7. CONTENT SUBMITTED TO CALIFORNIA INSIDER.
California Insider does not claim ownership of the Content or links you place on your page. California Insider may quote or reproduce your Content (if you have made it public), in whole or in part, in order to promote your California Insider page and/or the California Insider Services. You acknowledge that California Insider does not pre-screen Content or links, but that California Insider and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, California Insider and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.8. USER CONDUCT.
You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not California Insider, are entirely responsible for all User Content that you share, post, or upload via the Services.California Insider does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. California Insider is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant California Insider the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for California Insider.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms of Use.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS CALIFORNIA INSIDER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CALIFORNIA INSIDER DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY CALIFORNIA INSIDER OR LAW ENFORCEMENT AUTHORITIES.
9. USER ACCOUNT, PASSWORD, AND SECURITY.
Users have the option of creating an account with California Insider to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with California Insider, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account); you may also set up a new account and close an old one at your convenience. You agree to immediately notify California Insider of any unauthorized use of your account or any other breach of security known to You. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.10. PAYMENTS.
All payments through our Sites or other transactions formed through the Services, or resulting from visits made by you, are governed by the following payment terms:- Payments. When you process a transaction or when you purchase a subscription (weekly, monthly, quarterly or annually), you agree that you are authorizing payments and recurring payments, which will be made to The California Insider by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by The California Insider.The price stated for the Services excludes all applicable taxes and currency exchange. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered.All payments are final and non-refundable. You must terminate your Services before the next billing date to stop being charged to continue your Services.If any payment is returned unpaid or if any credit card or similar payment method is rejected or denied, The California Insider reserve the right to collect any applicable payment, return item, rejection or insufficient funds fee. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
- Payment Method. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. By authorizing recurring payments, you are authorizing The California Insider to store your payment method and process such payments. You can access and change your billing information and payment method on the website at: “My Account / Subscription / Payment Method”.By providing The California Insider with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize The California Insider to charge you for the Services using your payment method; and (iii) authorize The California Insider to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis (automatic renewals) for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.Additionally, you agree to permit The California Insider to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
11. REFUND.
No refunds will be issued on any of our products. All payments made on purchases and gifts are final and non-refundable. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period. No exceptions. However, if you believe The California Insider has charged you in error, you must contact us within thirty (30) days of such charge.12. TERMINATION.
If you are subscribed to any of our Services, you may cancel at any time through your profile page online or by calling Customer Service Hotline 1 833-699-1888 from Monday to Friday from 9am to 6pm EST or Saturdays from 10am to 3pm EST to notify California Insider of your intent to terminate your subscription. Your termination will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; however, your use of the Services and benefits subscribed to will continue for the remainder of the current billing period unless you request an immediate termination.If you terminate a “trial subscription”, the Services including digital access and delivery of newspapers, magazines or any materials will terminate immediately.
California Insider may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice if California Insider believes that you have violated any law or the spirit of this Agreement.
13. PROMOTING PRODUCTS ON CALIFORNIA INSIDER.
If You (“Promoter”) promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent, and warrant that:- You will not suggest or imply any endorsement by California Insider, its contributors, or sponsors for the Product.
- You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”).
- You will not interfere with California Insider’ tracking of visits, page views, click throughs, or with the normal flow of traffic to, through, or from the California Insider Services.
- All communications and/or representations made by you in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with your country’s laws and all Federal and State laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
- You will not offer, suggest, or imply the availability of any rebates, coupons, tickets, vouchers, or similar incentives to induce or encourage the purchase of a Product.
- California Insider reserves the right, but not the obligation, to review your Promotions as they appear on our Sites and Services. You agree that California Insider, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support, or other items related to the content of Your Promotions. California Insider may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
- You will provide valid contact information, including but not limited to a working email address, where California Insider can send inquiries and receive a non-automated reply by end of the following business day.
- California Insider does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by California Insider does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall California Insider have any liability for your purchase or use of a Product or Service Promoted on California Insider; and
- Promotion is voluntary, and your reliance is at your own risk. California Insider does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy, or timeliness. You acknowledge and understand that California Insider does not verify statements, claims, incentives, or promotions made by Promotions.
14. ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE.
California Insider runs advertisements, promotions, and affiliate links on California Insider Site pages. Some advertisements and product recommendations may be related to affiliate marketing or through the Amazon Associate program from which California Insider might receive compensation for any purchase made through those links. The manner, mode, and extent of advertising by California Insider is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that California Insider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.Additionally, please review SMS Terms and Conditions and Donations Terms and Conditions.
15. DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, CALIFORNIA INSIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CALIFORNIA INSIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. CALIFORNIA INSIDER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY.
CALIFORNIA INSIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED (500) POUNDS.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of this Agreement will cause such damage to California Insider as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that California Insider shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by California Insider in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.18. INDEMNITY.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.19. LAWS.
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California in the United States without reference to any conflict of law rules. You and California Insider agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within California in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.20. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTSArbitration Notice
You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms of Service and/or the Privacy Policy it will be resolved by confidential binding arbitration in California, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to The California Insider 330 Commerce Suite 100, Irvine, CA 92604. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and California Insider are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or California Insider may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). 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 provisions of these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of New York or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND CALIFORNIA INSIDER AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and California Insider agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:
- You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and
- You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
21. NOTICE.
All notices to a party shall be in writing and shall be made either via email or conventional mail. California Insider may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.22. PRIVACY POLICY.
California Insider’ Data Protection and Privacy Policy is incorporated by reference in this Agreement. Please refer to our Data Protection and Privacy Policy for information as to how California Insider may collect, process, and use Users’ personal information as well as certain rights User’s may have regarding their personal information in relation to the Services provided.23. GENERAL INFORMATION.
If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. California Insider’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by California Insider in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and California Insider agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If California Insider takes any action to enforce this Agreement, California Insider, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which California Insider may be entitled.To the extent that any provision of this Agreement is deemed 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 this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
24. VIOLATIONS.
Please report any violations of this Agreement to administrators at CaliforniaInsider.com via the email address [email protected].25. CALIFORNIA INSIDER PROPRIETARY RIGHTS.
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by California Insider or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.[email protected]
26. COPYRIGHT AND TRADEMARK.
Website copyright notice: Copyright (c) 2023 California Insider, Inc. All rights reserved.This website is the copyrighted property of California Insider and various third-party providers and distributors (“Suppliers”).
California Insider and TheEpochTimes.com are a service marks of California Insider. Other product, service and company names used on this website are registered and common law trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.
27. NOTICE OF INFRINGEMENT:
We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.28. CHILDREN’S INFORMATION.
We do not target our Services to minors, who are under sixteen (16) (or a higher age threshold where applicable). You agree that you are not under sixteen (16) years of age. We do not intend to collect or process any personal information from anyone under the age of sixteen (16). If we become aware that a user is under sixteen (16) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such personal information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of sixteen (16).29. RELIANCE ON INFORMATION POSTED.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.30. HOW TO CONTACT US.
If you have any questions about these Terms of Service, please contact us at the following:Email: Contact us here [email protected]
Write us: 330 Commerce, Suite 100, Irvine, CA 92604
Any communications between you and California Insider staff may be recorded for training purposes.
POSTED ON NOVEMBER, 2023
