CAL2CAL CORPORATION WEBSITE
TERMS & CONDITIONS OF USE/DISCLAIMER

1. Copyright Notice

© 1996-2009 CAL2CAL Corporation. All rights reserved. All content, graphics and publications on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of CAL2CAL Corporation (“CAL2CAL”), which reserves all rights. Re-use of any content and graphics from this web site for any purpose is strictly prohibited without permission from CAL2CAL.

2. Terms & Conditions of Use - General

Please read the Terms & Conditions of Use/Disclaimer as this contains important information concerning the use of this website (the site). By accessing this site, you accept and agree to be bound by, and comply with, the terms and conditions of use.

These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the site. If you access and use this site, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the site.

3. Changes to Terms & Conditions of Use/Disclaimer

CAL2CAL reserves the right to change the Terms & Conditions of Use or any material on this website at any time. Any such change will become effective immediately upon publication to this website. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this site.

4. Intellectual Property

This website and all information contained therein, including, without limitation, the look and feel of the site and all design, text, images, trademarks, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by CAL2CAL or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this website, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by CAL2CAL. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without CAL2CAL's prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. CAL2CAL's trademarks, tradenames, logos, images, and, service marks used on this site are the property of CAL2CAL and may not be used without prior written permission from CAL2CAL and then only with proper acknowledgment.

5. Disclaimers of Warranties and Liability

A. CAL2CAL AND IT’S EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS SITE. CAL2CAL MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THIS SITE.

B. IN NO EVENT SHALL CAL2CAL BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THIS WEBSITE, EVEN IF CAL2CAL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

C. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CAL2CAL SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS SITE. CAL2CAL MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. IN NO EVENT SHALL CAL2CAL BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SERVICE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE AND/OR THE CAL2CAL TRADING SYSTEM SOFTWARE AND/OR HARDWARE. CAL2CAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH THE CAL2CAL TRADING SYSTEM SOFTWARE AND/OR HARDWARE AND/OR THIS WEBSITE.

D. CAL2CAL DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.

E. USER EXPRESSLY AGREES TO INDEMNIFY AND HOLD CAL2CAL, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION WITH THIS WEBSITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.

6. Jurisdiction

It is important to note that the products, services and information on this site are available located in many jurisdictions. However, this site does not constitute an offer to transact business in any jurisdiction where such is prohibited by federal or local laws.

7. Privacy

Your expectations of privacy are important. The privacy policy which you can find on this site explains how CAL2CAL collects personal information from you and then maintains, uses and discloses that information. Please carefully read the separate privacy policy.

8. Third Party Links

This website may include links to third party websites. These links allow you to exit this site and enter third party websites. These links are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by CAL2CAL and CAL2CAL is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. In no event shall CAL2CAL be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' websites or the information, advertising, products, resources or material accessed through these websites. CAL2CAL strongly recomends that you review the privacy policy of these websites. CAL2CAL reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from this website.

9. User Obligations

Any person accessing or using this site undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this website, or any network or equipment supporting this site, any virus, worm, harmful code, Trojan horse or other disabling service; (c) not to attempt to interfere with or disrupt the website, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this site. Any violation of these obligations is grounds for denying a user access to and use of this website in addition to other available remedies.

10. No Recommendation

No statement in this website is to be construed as furnishing investment advice or constituting a recommendation, solicitation, or offer to buy or sell any option or other security. Options involve substantial risk and are not suitable for all investors. Please read this complete disclaimer for more information regarding the risks of option trading. Information provided on the site, including daily price data, is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.

11. Dispute Resolution

These terms and conditions and any dispute in connection with this site will be governed by the laws of the State of California. Users agree to submit any disputes in connection with this site to arbitration in accordance with and subject to the American Arbitration Association. Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the American Arbitration Association. User and CAL2CAL agree to accept the determination of the arbitrator as final and binding and submit to the jurisdiction of the Courts of the State California and/or the federal courts located in the State of California for the enforcement of any such determination.

12. Miscellaneous

     a. No material from the Web-site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials marked for downloading purposes (e.g., white papers, publications and demo software) on any single computer for your noncommercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of CAL2CAL's copyright and other proprietary rights.

     b. In the event that any software is downloaded from the Web-site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are nonexclusively licensed to the downloader by CAL2CAL. CAL2CAL does not transfer title to the Software upon its download and shall retain full and complete title to the Software, and all intellectual property rights therein. The Software may not be redistributed, sold, decompiled, reverse engineered, disassembled, or otherwise reduced to a human perceivable form.

     c. CAL2CAL's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from CAL2CAL off this Web-site that is provided without an agreement, that product or service is provided "AS IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

     d. The descriptions, suggestions, recommendations and other statements provided by CAL2CAL are for information purposes only. CAL2CAL makes no representation or warranty, express or implied, regarding any product or product description. CAL2CAL shall not be liable for any direct, indirect or consequential damages arising from use of or reliance upon the descriptions, suggestion, recommendation or other statements contained on this web-site.

     e. The Federal Mail-Order Rule, also known as the 30-Day Rule requires businesses that advertise mail or telephone-order merchandise to have a reasonable basis for stating or implying that they can ship within a certain time. Even if no shipment time is stated, the law requires Merchants to have a reasonable basis for believing that they can ship within 30 days (thus, the nickname). If a business discovers that it cannot ship on time, it must seek your consent to delay shipment. If it is unable to obtain that consent, the Merchant must, without any request from you, promptly refund all the money you paid.

     f. If you are charged for something that you did not order, you must notify your credit card provider in writing in accordance with its reporting rules and procedures and the Federal Fair Credit Billing Act. Under the act, if you find such a mistake on your bill, you must send a written letter to the creditor within 60 days after the first bill containing the error was mailed to you. Consumer advocates recommend that you send the letter by certified mail with a return receipt request, so you have proof of the mailing date. The Better Business Bureau recommends that you include: a copy of your credit card statement showing your name and credit card number and unauthorized charge in dispute, and a statement explaining the billing error and the dollar amount involved.

13. Agreement to Terms & Conditions/Disclaimer

By continuing to access content on this and related sites, you hereby acknowledge that you have read and agree to the Terms and Conditions of Use / Disclaimer as stated herein.