Terms of service

OVERVIEW

This website is operated by Caldera. Throughout the site, the terms “we”, “us” and “our” refer to Caldera. Caldera offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

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

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, then you may not access the website or use any Services. Acceptance is expressly limited to these Terms of Service.

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

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

  • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or have given consent for any minor dependents to use this site.
  • You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including copyright laws).
  • You must not transmit any worms, viruses, or any destructive code.
  • A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

  • We reserve the right to refuse service to anyone for any reason at any time.
  • Your content (not including credit card info) may be transferred unencrypted and may involve transmissions over various networks; credit card info is always encrypted.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, without our express written permission.
  • Headings are included for convenience only and will not affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  • We are not responsible if information is not accurate, complete, or current. Material is for general information and should not be solely relied upon.
  • The site may contain historical information, which may not be current.
  • We reserve the right to modify content at any time, but have no obligation to update information.
  • You agree it is your responsibility to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for products are subject to change without notice.
  • We reserve the right to modify or discontinue the Service or any content at any time without notice.
  • We are not liable for any modification, price change, suspension, or discontinuance.

SECTION 5 - PRODUCTS OR SERVICES

  • Certain products or Services are exclusively available online and may be limited in quantity, subject to return or exchange only per our Return Policy.
  • All efforts are made to display products accurately, but we cannot guarantee monitor displays.
  • We reserve the right to limit sales to any person, geography, or jurisdiction and to limit quantities offered.
  • All product descriptions and pricing are subject to change at any time.
  • We reserve the right to discontinue any product at any time. Any offer is void where prohibited.
  • We do not warrant quality or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

  • We reserve the right to refuse any order and to limit or cancel quantities.
  • Restrictions may include orders under the same account, credit card, or billing/shipping address.
  • You agree to provide current, complete, and accurate purchase and account information.
  • Please review our Returns Policy for more detail.

SECTION 7 - OPTIONAL TOOLS

  • Access to third-party tools is “as is” and “as available” with no warranties.
  • Your use of such tools is at your own risk and discretion.
  • Future features and Services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

  • Third-party links may direct you to unaffiliated websites. We do not warrant or have any liability for third-party materials or websites.
  • Any transactions with third-parties are your responsibility.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

  • Any comments, ideas, suggestions, or materials sent to us may be used without restriction.
  • We are under no obligation to maintain comments in confidence, pay compensation, or respond.
  • Content may be monitored, edited, or removed at our discretion.
  • You agree not to violate third-party rights or submit unlawful material. You are responsible for all comments you make.

SECTION 10 - PERSONAL INFORMATION

  • Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

  • Occasional errors, inaccuracies, or omissions may exist relating to product descriptions, pricing, offers, and availability.
  • We reserve the right to correct any such errors and to update or cancel orders at any time.

SECTION 12 - PROHIBITED USES

  • The site or its content may not be used for unlawful purposes; to solicit unlawful acts; to violate laws or regulations; to infringe intellectual property; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload viruses; to collect or track personal information; to spam, phish, pharm, pretext, spider, crawl, or scrape; for immoral purposes; or to interfere with security features.
  • Violation may result in termination of use.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • We do not guarantee uninterrupted, timely, secure, or error-free service.
  • Use of the service and products is at your sole risk and provided "as is" and "as available."
  • Caldera shall not be liable for any injury, loss, claim, or damages including but not limited to direct, indirect, incidental, punitive, special, or consequential damages.

SECTION 14 - INDEMNIFICATION

  • You agree to indemnify, defend, and hold harmless Caldera, its affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, subcontractors, service providers, interns, and employees from any claim or demand due to your breach of these Terms or violation of law or rights of a third-party.

SECTION 15 - SEVERABILITY

  • If any provision is deemed unlawful, void, or unenforceable, that portion shall be severed and not affect remaining provisions.

SECTION 16 - TERMINATION

  • Terms remain effective unless terminated by you or us.
  • We may terminate at any time if terms are breached.
  • You remain liable for amounts due up to termination.

SECTION 17 - ENTIRE AGREEMENT

  • These Terms and posted policies constitute the entire agreement and supersede prior agreements or communications.
  • Ambiguities in interpretation shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

  • These Terms are governed by the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

  • You can review the most current version any time on this page.
  • We reserve the right to update or replace by posting to our website.
  • Continued use constitutes acceptance of changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at garrett@buycaldera.com.