Terms and Conditions 

Effective Date: December 27, 2024

Welcome to Calmluis. These meticulously detailed Terms and Conditions are the legally binding rules that govern your access to and use of our website, calmluis.com, and all related services, including all content, software, and applications provided by Calmluis. By accessing, browsing, or utilizing our website, you fully acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This agreement establishes a legally enforceable contract between you, the user, and Calmluis. We encourage you to carefully read these terms before using our website.

1. Acceptance of Terms – Binding Agreement:

  • Acknowledging Your Agreement: By accessing, browsing, or using our website, you explicitly confirm that you have carefully read, fully understood, and agreed to be legally bound by these Terms and Conditions, as well as by our Privacy Policy, our Sales Policy, and our Refund and Return Policy, all of which are fully incorporated into these Terms by reference.

  • Consequences of Non-Acceptance: If you do not agree with these Terms and Conditions, or any part of these terms, you are expressly prohibited from accessing or using our website. Please exit the website immediately. It is your responsibility to be aware that Calmluis reserves the unqualified right to modify or update these Terms and Conditions periodically. Any revisions made will be effective as soon as they are posted on this page, and your continued use of the website following any changes constitutes your acceptance of the new terms.

  • Consent to Electronic Communication: By using the Calmluis website, you acknowledge and consent to receive electronic communications from us. This can include email communications, website notifications, or any other form of electronic message. These communications may be necessary for order processing, customer support, and other aspects of our service. You further agree that all notices, agreements, disclosures, and any other electronic communications from us fulfill any legal requirement that such communications be in writing.

2. Website Usage – Detailed Terms:

  • Permitted Usage License: Calmluis grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website solely for your personal and non-commercial purposes. You agree not to use the website for any purpose that is illegal, unethical, or that is prohibited by these terms. Your use must be compliant with all applicable laws and regulations.

  • User Conduct Restrictions: You agree not to engage in any activity that could interfere with the proper operation of our website or its associated networks, servers, and systems. Such prohibited behavior includes, but is not limited to, introducing viruses, malware, or any other form of malicious code; circumventing our security measures or authentication protocols; attempting to gain unauthorized access to our servers or databases; using automated systems or bots to access the site; or engaging in any activity that constitutes cyber-attacks of any kind. You must not impersonate another person, misrepresent yourself, or provide false information.

  • Protection of Intellectual Property: All content, which includes text, graphics, logos, images, videos, software, trademarks, trade names, and any other intellectual property displayed on our website, is the exclusive property of Calmluis or our licensors and is protected under copyright, trademark, and other intellectual property laws. You are strictly forbidden from copying, modifying, distributing, displaying, reproducing, or creating derivative works of any content from our website without explicit written permission from Calmluis.

  • Account Security and Confidentiality: To make purchases on our site or to access specific services, you may be required to create an account. You are entirely responsible for maintaining the confidentiality and security of your login credentials, including your username and password. You will be held responsible for any activities that take place under your account, whether authorized or not. You must notify us immediately of any unauthorized use or suspected breach of security regarding your account.

  • User Submissions and Content: When you post, submit, or upload any content, including but not limited to product reviews, comments, feedback, or questions on our site, you grant Calmluis a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, modify, adapt, publish, translate, and distribute such content for any purpose, which includes marketing, promotions, or other commercial applications. You warrant that you have the required rights and permissions for the content you submit.

3. Terms of Purchase and Sales:

  • Accuracy of Product Details: Calmluis makes every effort to ensure that product descriptions, images, and pricing displayed on our website are accurate. However, we do not warrant that product information is completely error-free. Product images are used for representation, and slight variations from the actual product are possible. Prices may change without prior notice.

  • Placing an Order – Making a Purchase Offer: By placing an order on our website, you are making an offer to purchase the products listed. Your order is not considered accepted by Calmluis until you receive a shipping confirmation email, confirming that the products have been shipped. We reserve the right to refuse or cancel any order at any time and for any reason.

  • Payment Responsibilities and Methods: By making a purchase, you agree to pay all charges associated with your order, including the purchase price, taxes, and shipping fees. We accept various payment methods displayed on our site, and you agree to allow us to charge your selected payment method.

  • Sales and Returns – Policies: Any purchases made through our site are subject to our Sales Policy, which outlines the terms of sale, shipping, payment, order modification, and cancellation. Furthermore, returns are governed by our detailed Refund and Return Policy.

4. Limitation of Liability and Disclaimers:

  • Website “As Is” Provision: Our website and all content, products, and services provided on or through the website are provided on an “as is” and “as available” basis, without any warranties, either express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data or information on the site.

  • Limitation of Liability: To the maximum extent permitted by applicable law, Calmluis, its directors, employees, agents, and affiliates will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of our website or the purchase of products, even if we have been advised of the possibility of such damages.

  • Maximum Liability Cap: In no event shall the maximum liability of Calmluis and all of its related parties exceed the total value of the order you placed with us for the product or service in question.

5. Indemnification Requirements:

  • You agree to indemnify, defend, and hold harmless Calmluis and its directors, officers, employees, agents, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from your use of our website, your violation of these Terms and Conditions, or your violation of any rights of another party.

6. Governing Law and Legal Jurisdiction:

  • These Terms and Conditions are governed by and construed in accordance with the laws of the State of Alabama, U.S.A., without regard to its conflict of law rules. Any legal action arising under these Terms must be brought exclusively in the state or federal courts located in the State of Alabama, and you consent to the personal jurisdiction of these courts.

7. Dispute Resolution and Arbitration:

  • In case of any dispute, you agree to first negotiate in good faith with Calmluis. If a resolution is not reached through negotiations, you agree that all disputes will be resolved exclusively by binding arbitration, which will be administered by the American Arbitration Association (AAA), in accordance with their rules.

  • Class Action Waiver: You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as a part of a class action, representative action, or consolidated proceeding.

8. Severability Provision:

  • If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, the rest of the terms and conditions will remain fully valid and in effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that best reflects the original intention.

9. Entire Agreement:

  • These Terms and Conditions, together with our Privacy Policy, our Sales Policy, and our Refund and Return Policy, constitute the complete and entire agreement between you and Calmluis regarding your use of our website and supersede all prior or contemporaneous agreements, communications, or proposals, whether oral, electronic, or written.

10. Contact Us:

If you have any inquiries, questions, or need any clarification regarding these Terms and Conditions, please feel free to reach out to us at:

Calmluis
284 Fricks Rd
Groveoak, Alabama (AL)
Phone: (256) 571-0432
Email: info@calmluis.com
Website: calmluis.com