CALA

TERMS OF USE

Acceptance of Terms.

The following terms and conditions govern all use of the ca.la website and mobile app (the Apps). The Apps are offered subject to acceptance without modification of any of the terms and conditions contained herein or all other operating rules, policies and procedures that may be published from time to time on the Apps by This Is Cala, Inc. (CALA) (collectively, the Terms of Use). If you do not agree to all of these Terms OF USE, then do not access or use the APPS. BY VIEWING THE APPS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

Changes.

CALA reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Apps following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Information and Privacy.

At your election, you may request (and CALA may provide) additional information about CALA (the Service). When you do so, you may need to submit certain information or data to CALA, for example, your email address. CALA current privacy policy is available at https://ca.la/privacy (the Privacy Policy), which is incorporated by this reference. CALA will not edit, delete or disclose the contents of your data in connection with the Service unless (1) reasonably necessary to perform the Service, (2) authorized by you, (3) otherwise permitted under the Privacy Policy or (4) CALA is required to do so by law or regulation, or in the good faith belief that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of CALA or any other user or (iii) enforce these Terms of Use. CALA may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.

Rules and Conduct.

As a condition of use, you promise not to use the Apps for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by CALA. You agree to abide by all applicable local, state, national and international laws and regulations.

Third Party Sites.

The Apps may permit you to link to other websites on the Internet, and other websites may contain links to the Apps. These other websites are not under CALA control, and you acknowledge that CALA is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by CALA or any association with its operators.

Proprietary Rights.

You agree that all content and materials delivered via the Apps and the Service or otherwise made available by CALA at the Apps are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by CALA in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at the Apps for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein.

No Warranties.

THE APPS AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPS (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE APPS, SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CALA, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE APPS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE APPS OR SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APPS AND/OR SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability.

IN NO EVENT SHALL CALA (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS OF USE, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (1) MATTER BEYOND ITS REASONABLE CONTROL, (2) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR (3) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF CALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Miscellaneous.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. CALA may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by CALA, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

Copyright and Trademark Notices.

Unless otherwise indicated, these Terms of Use and all Content provided by CALA are copyright © 2017 This Is Cala, Inc. All rights reserved. CALA and the CALA logo are trademarks of This Is Cala, Inc.

Contact.

You may contact CALA at hi@ca.la.