TERMS OF USE

These Terms of Use (“Terms”) are between Calmango, Inc. (“CALIFORNIA MANGO”) and you (“You”), the person using CALIFORNIA MANGO products, materials, website and Customer Services department (“Services”). Individuals must be 18 years of age or older to use this website (“Site”) and you warrant that you are 18 years of age or older. We occasionally change these Terms, so please refer to the Terms of Use page on our website (www.californiamango.com) for changes. BY USING AND/OR VISITING THIS SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use”) AND THE TERMS AND CONDITIONS OF OUR SPRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.californiamango.com/privacypolicy.asp , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the Site.

SITE ACCESS

CALIFORNIA MANGO hereby grants you the limited, non-sublicensable right and permission to use the Site as set forth in these Terms of Use, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without CALIFORNIA MANGO’s prior written authorization; (iii) you will not alter or modify any part of the Site; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. Except for the limited license granted to you hereunder, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CALIFORNIA MANGO or any third party.

In order to access some features of the Site, you may be required to create an account. You may never use another person’s account without the account holder’s express permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CALIFORNIA MANGO immediately of any breach of security or unauthorized use of your account. Although CALIFORNIA MANGO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CALIFORNIA MANGO or others due to such unauthorized use of your account.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and the like, that accesses the Site in a manner that sends more request messages to the CALIFORNIA MANGO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CALIFORNIA MANGO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CALIFORNIA MANGO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally-identifiable information from the Site, including account names, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

MODIFICATION OF SERVICE

CALIFORNIA MANGO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CALIFORNIA MANGO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

PRIVACY POLICY

Registration, membership, and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://www.californiamango.com/privacypolicy.asp

NOTICE REGARDING DISPUTE RESOLUTION

These Terms contain provisions governing how claims you and CALIFORNIA MANGO have against each other are resolved (see Arbitration Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.

 

LIMITATIONS

The Service is limited to individuals 18 years and older. Your order is solely for personal use and not for re-distribution. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Services or any portion thereof. CALIFORNIA MANGO will not be liable for any loss or damage arising from such activities, and CALIFORNIA MANGO reserves the right to terminate access to the Service, with or without notice.

PRODUCT DIVERSION AND RESALE OF CALIFORNIA MANGO PRODUCTS

Only our authorized retail partners are permitted to resell CALIFORNIA MANGO products. No other parties are authorized to sell CALIFORNIA MANGO products or purchase products from californiamango.com or from an authorized retail partner for the purpose of reselling the products. No person or entity, without the express written consent of CALIFORNIA MANGO, is authorized to sell on any e-commerce platform, such as, but not limited to, Amazon, eBay or Walmart.  Authorized retail partners are prohibited from and shall take reasonable steps to avoid selling to any third party that intends to resell CALIFORNIA MANGO products. In the event an authorized retail partner becomes aware, or is informed by CALIFORNIA MANGO, that it is selling products to an unauthorized reseller, such authorized retail partner shall immediately cease doing business with such unauthorized reseller.

Authorized retail partners agree to handle and store all CALIFORNIA MANGO products in accordance with the instructions which are provided to authorized retail partners. Additionally, all products must be stored in secure, climate-controlled facilities. To ensure the safety and well-being of consumers, all authorized retail partners agree to cooperate with CALIFORNIA MANGO with respect to any product recalls or other consumer safety information dissemination efforts. Authorized retail partners further agree to maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions.

Authorized retail partners shall only sell CALIFORNIA MANGO products in their original packaging. Relabeling, repackaging, and other alterations to CALIFORNIA MANGO products or their packaging is not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, SKU or other identifying information on products or their packaging is prohibited. Authorized retail partners may not remove, translate, or modify the contents of any label or literature on or accompanying the products. Authorized retail partners shall not advertise, market, display, or demonstrate non-CALIFORNIA MANGO products together with CALIFORNIA MANGO products in a manner that would create the impression that the non-CALIFORNIA MANGO products are made by, endorsed by, or associated with CALIFORNIA MANGO.

Promptly upon receipt of CALIFORNIA MANGO products, authorized retail partners must inspect the products for damage, defects, evidence of tampering, or other non-conformances. If any defect is identified, such defective product must not be offered for sale and must promptly be reported to CALIFORNIA MANGO."

GUARANTEE

Each Product you purchase from CALIFORNIA MANGO comes with a 30-day money back guarantee. If you are not completely satisfied with a Product, simply return the unused portion within 30 days from the date you received your Product. For Products purchased on an auto-ship plan, the guarantee only applies to first-time shipments. The money back guarantee does not apply to subsequent purchases of the same Product. Before a refund can be issued, Customers are required to contact CALIFORNIA MANGO at (800) 656-2646 for return authorization and instructions. Proof of purchase is required. Shipping and processing charges are nonrefundable. CALIFORNIA MANGO will issue a refund for the original Product purchase price, less shipping, within 10 to 15 business days (or 1 billing cycle) after receipt of your return Product.

CALIFORNIA MANGO does not support the unauthorized resale of its products, and CALIFORNIA MANGO is unable to ensure the quality of its products when sold by unauthorized sellers or through unauthorized channels. We strongly encourage our customers to purchase only from one of our official authorized retail partners. CALIFORNIA MANGO does not extend any warranty or satisfaction guarantee to products purchased from unauthorized resellers. We reserve the right to cancel orders and/or block future purchases by customers that appear to be purchasing items for resale on third-party sites.

USE OF INFORMATION AND IDEAS SUBMITTED

You hereby acknowledge and agree that CALIFORNIA MANGO is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to CALIFORNIA MANGO or any communication you may have with a CALIFORNIA MANGO representative (the “Ideas”), and CALIFORNIA MANGO shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by CALIFORNIA MANGO for commercial purposes, including but not limited to use by CALIFORNIA MANGO for developing, manufacturing and marketing products and creating, modifying or improving CALIFORNIA MANGO or other products, services or Websites affiliated with CALIFORNIA MANGO. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce and/or modify the Ideas.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CALIFORNIA MANGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. CALIFORNIA MANGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. CALIFORNIA MANGODOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CALIFORNIA MANGO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CALIFORNIA MANGO,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CALIFORNIA MANGO SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CALIFORNIA MANGO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY CALIFORNIA MANGO FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. CALIFORNIA MANGO MAKES NO REPRESENTATIONS THAT THE CALIFORNIA MANGO SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE CALIFORNIA MANGO SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions our liability, if any, shall be limited to the fullest extent permitted by law.

INDEMNIFICATION

Upon a request by CALIFORNIA MANGO, you agree to defend, indemnify, and hold harmless CALIFORNIA MANGO and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorney’s fees that arise from your use or misuse of this site. CALIFORNIA MANGO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CALIFORNIA MANGO in asserting any available defenses.

INTELLECTUAL PROPERTY RIGHTS

Except for User Submissions (as defined below), all content on the Site is the property of CALIFORNIA MANGO and/or its licensors and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions, including without limitation, the design, source code, text, software, scripts, graphics, images, photographs, sounds, music, videos, video and audio files, interactive features and the like, and the selection, arrangement, structure, coordination, and “look and feel” thereof (collectively the “Content”), together with the trademarks, service marks and logos contained therein (“Marks”).

All CALIFORNIA MANGO product names, slogans, graphics, page headers, logos, button icons, and scripts on the Site are either trademarks or service marks, in the United States and other countries, of CALIFORNIA MANGO or its affiliates, subsidiaries, suppliers and licensors and are the property of CALIFORNIA MANGO and it’s affiliates. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. CALIFORNIA MANGO trademarks may not be used in connection with any product or service that is not a CALIFORNIA MANGO product, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CALIFORNIA MANGO. You may not use any metatags or any other “hidden text” utilizing CALIFORNIA MANGO or any other name, trademark, service mark or product name of CALIFORNIA MANGO without our permission. In addition, all page headers, custom graphics, button icons, and scripts are subject to copyright protection for the benefit of CALIFORNIA MANGO and/or are the service marks, trademarks and/or trade dress of CALIFORNIA MANGO and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference on the Site to any third party-owned products, services, processes, or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. All other trademarks not owned by CALIFORNIA MANGO, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CALIFORNIA MANGO. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

CALIFORNIA MANGO reserves all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. You further agree not to make derivative uses of the Site or the Content, or to use, frame or utilize framing techniques to enclose any portion of the Site, including the images found on the Site or any text or layout/design of any page or form contained on a page of the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

USER SUBMISSIONS

  1. The Site may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that, whether or not such User Submissions are published, CALIFORNIA MANGO does not guarantee any confidentiality with respect to any submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CALIFORNIA MANGO to use all copyright, trademark, patent, trade secret or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person sufficient to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.
  3. You will retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CALIFORNIA MANGO, you hereby grant CALIFORNIA MANGO a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in perpetuity in connection with the Site and CALIFORNIA MANGO (and its affiliates’, successors’ and assigns’) businesses, including without limitation: (i) for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels; and (ii) for inclusion in products and services to be marketed commercially by CALIFORNIA MANGO (by way of example only, films, television programs, infomercials, interactive games, Internet sites, books and collectibles). You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.
  4. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CALIFORNIA MANGO all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CALIFORNIA MANGO or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. CALIFORNIA MANGO does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CALIFORNIA MANGO expressly disclaims any and all liability in connection with User Submissions. CALIFORNIA MANGO does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and CALIFORNIA MANGO will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. CALIFORNIA MANGO reserves the right to remove Content and User Submissions without prior notice. CALIFORNIA MANGO may also terminate a User’s access to its Site if such User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. CALIFORNIA MANGO also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CALIFORNIA MANGO may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  5. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications from CALIFORNIA MANGO

Upon completing a purchase using the website, you will be automatically provided with valuable future notifications from CALIFORNIA MANGO by email.  You may, however, opt out of those emails by un-checking the box permitting future emails or unsubscribing from the service using the link provided in any future email which you receive from CALIFORNIA MANGO.

Digital Millennium Copyright Act (“DMCA”) Policy

CALIFORNIA MANGO Products will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

If you believe your copyright has been infringed, you should submit notice to:

CALIFORNIA MANGO Products, 3712 Cerritos Avenue Los Alamitos, CA 90720

Any such notice should include the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.

ARBITRATION AGREEMENT

Initial Dispute Resolution

We are available by email to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Terms of Service and Binding Arbitration Agreement

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CALIFORNIA MANGO Products will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and CALIFORNIA MANGO Products will make arrangements to pay all necessary fees directly to JAMS.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: CALIFORNIA MANGO Products, 3712 Cerritos Avenue Los Alamitos, CA 90720. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, CALIFORNIA MANGO Products will not be bound by them.

Exclusive Venue for Litigation

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Orange County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Orange County, California for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Orange County, California for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Orange County, California over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Site.

CHOICE OF LAW AND FORUM

These Terms are governed by California laws. Any action to enforce or interpret them shall be brought and maintained exclusively in a state or federal court situated in the County of Orange, State of California.

By using this Site, you expressly agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may contact you by phone (including cell phone), email, US mail or reputable delivery service for debt collection purposes.

Legal Disputes

In the event that you have a dispute with one or more other users, you hereby release the covered entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Timing of Claims

You must bring any claim you have against CALIFORNIA MANGO Products relating to these Terms or the Site within one years from the date of accrual of the applicable claim.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and CALIFORNIA MANGO and its affiliates with respect to this site and the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CALIFORNIA MANGO with respect to the Service. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

NOTICE OF CHANGE

CALIFORNIA MANGO may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use

Last Updated:  09.16.22

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Site is CALIFORNIA MANGO Products, 3712 Cerritos Avenue Los Alamitos, CA 90720 USA.   To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact CALIFORNIA MANGO Products via e-mail at info@geniebeauty.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Calmango,  Inc. (“CALIFORNIA MANGO,” or “We,” or “Us,” or “Our”) has created this privacy policy (the “Policy”) to explain our privacy practices so you will understand when and how personal information is collected, used, disclosed and protected with respect to this website (the “Site”). Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By using the Site, you consent to the privacy practices described in this Policy, as modified from time to time by us. Therefore, you should carefully review this policy so you understand our privacy practices. Our website address is https://www.californiamango.com

What personal data we collect and why we collect it

Our Site may collect up to two kinds of information: personal (such as your name and e-mail address) and aggregate information (such as the number of users who log on to the Site on a daily basis). As a general policy, no personally identifiable information is automatically collected from your visit to our Site. However, if you choose to participate in any promotional, e-commerce, or interactive activities offered on the Site, you may be asked to provide us with some specific information about yourself (“Personal Information”). When you set up an account on the Site, or purchase an item from the Site, we collect Personal Information (which you provide) that may include your: (i) first and last name, age and gender; (ii) billing address; (iii) shipping address; (iv) other shipping addresses; (v) email address; (vi) phone number; (vii) credit card or PayPal account number; (viii) items purchased from us; and (ix) browsing and buying patterns. You can change or update your Personal Information on the website by changing your account information. The Personal Information you submit will be used to carry out your requests, respond to your inquiries, and to notify you (if applicable) regarding any promotions. Your Personal Information may also be used by us and our parent, subsidiaries, affiliates, joint venturers, sponsors and/or partners (“Affiliated Third Parties”) to provide you with additional services. We will not share your Personal Information with entities that are not Affiliated Third Parties unless you give us express permission to do so by opting-in at the point where we ask for such permission.

From time to time, we may collect general statistical or aggregate information. Such information can include the type of browsers being used (e.g., Internet Explorer, Safari, Chrome, Firefox), the operating system you are using (e.g., Windows 7, Vista, or Mac OS), the number of users that visit a specific page on the Site and the character and duration of such visits. This information may be used to help analyze Site traffic and improve our services. At no point, however, will the aggregated information personally identify you.

We reserve the right to disclose any personal or aggregate information if required to do so by law, including compliance with legal process served on CALIFORNIA MANGO, or if we believe that such action is necessary in order to (a) to protect or defend the legal rights or property of CALIFORNIA MANGO, the Site, or its users; or (b) in an emergency to protect the health and safety of the Site’s users or the general public.

You should refer to the rest of this Policy to see how we use, disclose and protect this information:

Information You Give Us

We collect information you give us when you use our Site. Examples include, but are not limited to, the following:

  • Automatically Collected Information. We automatically receive certain types of information whenever you interact with us. For example, when you visit the Site, our systems automatically collect your IP address and the type of browser you use.  Information may be automatically collected through the use of “cookies” which are discussed in more detail below. We may also collect information about your browsing behavior, such as IP address information, entry and exit points for the Site, search terms, website addresses you visit, page views, and impressions.
  • Cookies. Cookies are small text files placed on your hard drive by a website when you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit. In general, we use cookies to collect information so that we can determine how to improve our sites by seeing which areas, features and products are most popular, to personalize the site and improve the site experience. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of our site available to the general public but you may not be able to use some of the Site’s features or services and you may have a less satisfactory experience.
  • Comments. When you submit a comment to an article, blog post or page OR when you submit a product review you are required to login with your username and email address, which we can track, and provide whatever text you choose to enter.
  • Contact forms. We keep contact form submissions for an indefinite period of time for customer service purposes, but we do not use the information submitted through them for marketing purposes unless specifically requested to do so in your submission.
  • E-commerce Transactions. You are required to provide your name, address, and email address when placing an order. In addition, you may also enter payment details, shipping address and phone numbers during the checkout process. Our system retains this information to allow us to process, ship and manage your account and order for your benefit. At checkout you authorize Calmango, Inc. to send you order related email communications including, but not limited to, order confirmation, order shipping, order update, order delivery confirmation and other emails as necessary to ensure a complete transaction process.
  • Embedded Content. Articles, products, and other pages on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
  • Google Analytics in Use. This site utilizes Google Analytics to track user interaction with the website. Review the official Google Analytics privacy policy here

Data Retention

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Your Data Your Rights

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where We Send Your Data

Your data is used in conjunction with your interaction with our company.

User account information is retained and maintained within the database underlying the website software. It is transmitted via a secure connection between your computer and our data server.

Your email address, name and high-level location information (Country) can be submitted to MailChimp for inclusion in email processing, order completion, marketing, and customer service needs.

Your browser information can be collected by Google Analytics.

When placing an order you voluntarily submit your information through our secure system to the payment processor of your choice.

At checkout you are offered the opportunity to store your credit card information for future payments. This is a voluntary action. Your credit card information is stored securely within our database.

Data Breach Procedures

Data is stored securely within our system. Our servers are housed in data centers registered with high levels of security procedures. Should a data breach or hack occur our data team will identify the hack and secure the opening.

Children’s Privacy Policy

This website is intended for use by individuals who are 18 years of age or older.  Accordingly, CALIFORNIA MANGO does not knowingly, directly or passively, collect information from individuals under the age of 18. If we create offers and products that make it appropriate to collect information from individuals under the age of 18, we will notify you of the change in this Policy.

 

Use of Personal Information

Internal Use of Personal Information

In general, we use Personal Information internally to serve our users or customers, to enhance and extend our customer and user relationships so our users or customers may take maximum advantage of our products and services. For example, by understanding how you use our Site from your computer, we are able to customize and personalize your experience. More specifically, we use Personal Information to provide services or to anticipate and resolve problems with our Site, or to respond to customer support inquiries, and to create and inform you of new products or services from CALIFORNIA MANGO or others that may better meet your needs. You should review the following section to understand when CALIFORNIA MANGO discloses Personal Information to non-affiliated third parties.

Disclosure of Personal Information

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies, except in those instances when we have your previous consent to do so.  The following section describes these disclosure circumstances more fully.

  • Internal Analysis. We may use information about you for our own internal statistical, design, or operational purposes, such as to estimate our audience size, measure aggregate traffic/bandwidth patterns as well as to understand demographic or content interest, and other trends among our users.  We may outsource these tasks to third parties; however, the third parties may not use or disclose your Personal Information for any other purposes.
  • Marketing Purposes: In the event that we obtain your prior consent to do so, we may disclose your Personal Information to third parties so they can inform you about their content, products, or services.  While you may choose not to receive direct marketing information from third parties, you will continue to receive marketing, promotional, and other information from us.
  • Our Affiliates: Personal as well as aggregate information may be shared with our corporate affiliates and stored on equipment and facilities that we share with such affiliates.  In such an event we will keep all information collected from this Site logically separate from other information stored by such affiliates on such equipment.
  • Business Transfers: Information about our users and the Site is one of our most important business assets.  Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Site with content, the sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the company.
  • Protection of CALIFORNIA MANGO and Others: As referenced above, we release personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to protect our rights or property, or to protect our users from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Security of Personal Information

We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Site. However, even with the best technology, no Site is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.

Third Party Websites

Please be aware that we provide links to third party websites from the Site as a service to our guests and we are not responsible for the content or information collection practices of those sites. Please also note that these websites’ privacy policies will differ from those of CALIFORNIA MANGO. Therefore, we encourage you to review and understand their privacy practices before providing them with information.

Network and Information Security

You should be aware that CALIFORNIA MANGO has no control over the security of other websites on the Internet that you might visit, interact with, or from which you buy products or services.

Updating this Policy

We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. Any changes will be posted to this document so that you will always know what information we gather and how we use it.  You are encouraged to print or download a copy of this document for your records. If we make any material changes to our Policy or how we handle your personal information, we will post an “update” notice to our site and change the date of the Policy. If we are going to use any Personal Information in a manner that is materially different from that stated in our Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. However, if users have opted out of all communication with the Site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. We will use information in accordance with the most current privacy policy.

This portion of the privacy policy discloses the privacy practices for (website address). This privacy policy applies solely to information collected by this web site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

As you browse geniebeauty.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner/s then enables us to present you with retargeting advertising on other sites based on your previous interaction with geniebeauty.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of AdRoll and their partners’ targeted advertising.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We use cookies on our website for a variety of reasons which you can learn about below. The cookies we use do not store personally identifiable information nor can they harm your computer. We want our website to be informative, personal, and as user friendly as possible and cookies help us to achieve that goal.

By using our website, you agree to the use of cookies and other technologies as set out in this policy. We appreciate some users may like more individual control over their visit to our website and can adjust their settings accordingly. If you do not agree to such use, please refrain from using the website.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Contacting Us

If you have any questions, comments, or concerns about this Policy, please contact info@calmango.com. Or you can send us mail to: Calmango, Inc. 12230 McCann Drive, Santa Fe Springs, CA 90670

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