The Caliber Web Site at caliber.com (the “Site”) is an online information provider where you can view and learn about the various services provided by Caliber Centers (“CCC”), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of CCC.
Agreement. Please read the following information carefully before using this Site. If you do not agree with any part of the Agreement, do not use this Site. CCC reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by using this Site after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties; Limitation of Liability. THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL CCC BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $10.00, whichever is less.
Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by CCC and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of CCC or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Trademarks. Trademarks and service marks that may be referred to on this Site are the property of CCC or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of CCC or the CCC logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain CCC’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.
Right to Preserve and Disclose. CCC may preserve all information you provide. CCC may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of CCC, its users and/or the public; or (f) in the event that all or substantially all of CCC’s assets are acquired by a third party.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (d) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (g) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, CCC and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Issuance of Passwords. Some portions of this Site do not require a password. To the extent a password is required on this Site, you will need to register and the password that you create will soon be activated to enable you to access the password-protection portions of the Site. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to notify CCC at the address listed in the “Contact Us” section.
Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Ownership of Usage Data. CCC may collect and aggregate data about your usage of the Site, and CCC shall be the sole owner of such information.
Must Be At Least 18 Years Old to Use This Site. At this Site CCC makes no active effort to collect personal information from individuals under the age of eighteen (18). CCC requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Site Controlled from United States. This Site is controlled from offices within the United States. CCC makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF TEXAS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Not Authorized to Do Business In Every Jurisdiction. CCC is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
For further information, or inquiries about this Agreement, please contact:
2941 Lake Vista Drive
Lewisville, Texas 75067
Effective Date: December 1, 2012