General Terms & Conditions
This web-site, located at www.backtocali.com, is owned and operated by Back to Cali("We" or "Back To Cali llc"). By using this website and accepting these terms and conditions of use, you agree to be bound by the following terms and conditions of use, without modification. “Back To Cali”reserves the right to alter or otherwise modify these terms and conditions of use at any time without prior notice. Such changes, if and when made, will be posted on this web-site. It is your responsibility to check these terms and conditions of use frequently for any changes or modifications. Your use of this web-site after any changes to these terms and conditions of use are made and posted signifies your agreement to be bound by the terms and conditions of use as modified.
RESTRICTIONS ON USE OF MATERIALS
All material posted on this web-site, including but not limited to graphics, text, pictures, layout, audio, and video clips (the "Content") are protected by United States Copyright law and belong to or are licensed by Back To Cali, LLC. Absolutely no Content of this web-site may be copied, reproduced, exchanged, transmitted, transferred, modified, uploaded, downloaded, published, sold or distributed without the prior written consent of Back To Cali, LLCAll trademarks, service marks, proprietary logos and trade names, including but not limited to "Back to Cali Clothing," "Back to Cali Souvenir Shop, "www.backtocali.com ®," and "all “Back To Cali” Companies" are the sole proprietary property of or are licensed to “Back To Cali”. The use and posting of trademarks, service marks, proprietary logos and trade names on this web-site in no way implies or otherwise gives you a license to use them. No trademark, service mark, proprietary logo or trade name may be used in any manner without the prior written consent of Back To Cali, LLC.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflict of law rules. You herein irrevocably consent to the exclusive jurisdiction and venue of the courts in San Diego County, California, U.S.A., for any claim or dispute arising out of or relating to these Terms and Conditions of Use or your use of this web-site. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Florida in connection with litigating any such claim or action.
Unless otherwise specified, the Content of this web-site is intended to be used for the purposes of providing information about Back To Cali products and services and related sporting and recreational events. No Content from this Site may be downloaded or otherwise exported or re-exported (1) into (or to a national resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By using or downloading the Content of this site, you represent and warrant that you are not located in, or under the control of, or a national resident of, any such country or on any such list.
“Back To Cali” does not warrant that this Site will be available or legal to use outside the United States of America. It is solely your responsibility to comply with the laws of other countries and the United States when accessing or using this Site from outside of the United States.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, “Back To Cali” MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT THE (1) ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE, OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO “BACK TO CALI” NEGLIGENCE, SHALL “Back To Cali, LLC” BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF THE SITE, (B) THE INABILITY TO USE THE SITE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF “Back To Cali,LLC” OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU (AND NOT “BACK TO CALI”) SHALL ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL “Back To Cali, LLC’s” TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
You agree to indemnify, defend and hold harmless ”Back To Cali” and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated organizations (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or your foregoing representations, warranties or covenants. You agree to cooperate as fully as reasonably required in “Back To Cali” defense of any claim. “Back To Cali” reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of “Back To Cali”.
These terms and conditions and any additional terms posted on the Site constitute the entire agreement between “Back To Cali” and you with respect to your use of this Site. If, for any reason, a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these terms shall continue in full force and effect.