Terms and Conditions

October 1, 2021

Welcome to Caliraybeauty.com. The Caliraybeauty.com website (the "Site") is comprised of various web pages operated by Caliray, Inc ("Caliray" or “Us”). Caliraybeauty.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Caliraybeauty.com constitutes your agreement to all such Terms. If you do not accept these terms, then you do not have the right to use this Site.

Caliraybeauty.com is an e-commerce Site.  The purpose of this website is to sell beauty products and offer reading material for entertainment value only.

We may at our sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. It is your responsibility to check these Terms for change prior to use of the Site, and your continued use of the Site following the posting of changes to these Terms constitutes your acceptance of any changes. 

Privacy

Please review our Privacy Policy for information about how we collect, use, disclose and process your information.  You agree that your use of this website and the Services is subject to our Privacy Policy.

Eligibility

You must be above the legal age of majority in your jurisdiction of residence to use this Site.

If you are under the age of majority in your state (a minor), you may use Caliraybeauty.com only with permission of a parent or legal guardian. Caliray does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

Electronic Communications

Visiting Caliraybeauty.com or sending emails to Caliray constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

If you have signed up for text messages or calls from us pertaining to a product or service, we do not access any fees to this communication.  However, your mobile carrier may charge you normal rates and fees for voice or data messages.  We will not be responsible for these fees.  You may not receive alerts if your carrier does not allow it or if you have specifically opted out through us directly or through a 3rd-party provider.  We are not responsible for any incorrect, mis-delivery, or untimely delivery of any mobile messaging. 

If you have signed up for text messaging and then wish to opt out, you may do so at any time by responding “STOP” directly to the message.

You may opt out of any and all marketing emails by clicking on the “unsubscribe” button.  You will continue to receive emails about your orders and shipping updates.

Your Account

You may be required to register with Us in order to access certain services or areas of the Site. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You agree to accept responsibility for all activity under your account and password. You may not use anyone else’s account at any time, without the permission of the Account holder. You agree not to register for more than one Account or register for an Account on behalf of an individual other than yourself without such individual’s authorization. If you believe someone has used your Account without your authorization, you must notify us immediately.

Caliray reserves the right to cancel or delete an account and refuse service at our discretion should we detect fraud or abuse.

Proper Use of the Site

You are granted a personal, non-exclusive, non-transferable, revocable license to access and use Caliraybeauty.com strictly in accordance with these terms of use. We wish to create a positive, useful, and safe user experience. As a condition of your use of the Site, you warrant to Caliray that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. This license does not include any resale or commercial use of the Site. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you will automatically terminate if you do not comply with these Terms.

Caliray reserves the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of these Terms has occurred or (b) comply with any applicable law, regulation, legal process, or governmental request.

Payment Transactions

Payment is made through a third-party payment processor (“Payment Processor”).  The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to Caliray’s terms of use.  We are not to be held responsible for errors made by the Payment Processor.  In making transactions on our Site, you agree to pay through the Payment Processor, all charges at the prices in effect for your purchase.  Charges may also include shipping fees and all taxes.  We reserve the right to correct errors made by the Payment Processor even after it has received payment.  All items in shopping cart are not reserved and subject to availability until checkout is complete.

Order Fulfillment

Caliray will confirm orders by email but, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without notice, to limit the order quantity on any product and/or to refuse service to any customer.

Return Policy

We will honor requests for returns within 45 days of purchase with valid proof of purchase from Caliraybeauty.com.  Returns are not accepted after 45 days from date of purchase. Sale items are not eligible for a refund. 

For purchases made at resellers, consult the retailer’s return policy. 

Use of Products

Use of this Site is not meant to serve as a substitute for professional medical advice. Caliraybeauty.com is an e-commerce Site. The purpose of this website is to sell beauty products and offer reading material for entertainment value only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all local, federal, and state laws. The statements made about products may not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the products for ingredients to avoid potential allergic reactions. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Caliray does not give any answers to medically related questions. This Site does not replace any medical professional or resource. Caliray does not represent itself as a medical authority nor is this implied.

California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. 

While Caliray tries to accurately display colors of products, the actual colors you see will vary depending on the device used to view the products and may not be accurate.

Intellectual Property 

The Site’s information and content, including but not limited to its  text, graphics, logos, images, photographs, data, wallpapers, icons, characters, artwork, layout, form, music, sound, messages, as well as the compilation thereof, and any software used on the Site, is the property of Caliray or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights in the United States and/or abroad. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Caliray content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content. You will not delete or alter any proprietary rights or attribution notices. Content and services are solely for your personal, non-commercial use.  No other use of the content is permitted without the expressed written permission of Caliray and the copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of Caliray or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Caliray has no obligation to monitor the Communication Services. However, Caliray reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Caliray reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Caliray reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Caliray's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Caliray does not control or endorse the content, messages or information found in any Communication Service and, therefore, Caliray specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Caliray spokespersons, and their views do not necessarily reflect those of Caliray.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

Third Party Accounts 

You may be able to connect your Caliray account to third party accounts. By connecting your Caliray account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Links to Third Party Sites / Services 

Caliraybeauty.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Caliray and Caliray is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Caliray is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Caliray of the site or any association with its operators.

Certain services made available via Caliraybeauty.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Caliraybeauty.com domain, you hereby acknowledge and consent that Caliray may share such information and data with any third party with whom Caliray has a contractual relationship to provide the requested product, service, or functionality on behalf of Caliraybeauty.com users and customers.

User Content

The site may allow you to upload, submit, send, or receive content, upload ideas, concepts, information, advice, “tips”, opinions, data as comments, reviews, and photos, and all other material (collectively, “User Content”). Caliray does not claim ownership of the materials you provide to Caliraybeauty.com (including feedback and suggestions) or post, upload, input or submit to any Caliray Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Caliray, our affiliated companies and necessary sublicensees permission to use your Submission without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No credit, notice, approval, or compensation will be paid with respect to the use of your Submission, as provided herein. Caliray is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Caliray's sole discretion. Caliray and its affiliates may or may not pre-screen, monitor, review, edit or delete User Content posted by you or other users of the Site

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. We will not guarantee that other users will not copy, modify, distribute, or use the User Content you share. If you have an idea or information you would like to keep confidential and/or do not want others to use, do not post it on the Site. 

No Endorsement

We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality.  We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive.  User Content includes the opinions, statements, and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.

Copyright Infringement

If you are a copyright owner or an agent thereof and you believe your work has been copied in any way, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA 17 U.S.C 512) and provide our Copyright Agent (below) with the following information:

1. A physical or electronic signature of the owner or 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 are covered by a single notification, a representative list of such works
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 us to locate the material
4. Information reasonably sufficient to permit us to contact you: name, address, telephone number, and email address
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

If you fail to comply with all the requirements set forth above, your DMCA notification may not be effective.

After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, will act to remove or disable access to material claimed to be infringing.

Our designated Copyright Agent to receive notification of claimed infringement can be reached at:

DMCA Agent c/o Caliray Inc
5220 River Avenue
Newport Beach, California 92646

Email: DMCA@Caliraybeauty.com

International Users

The Service is controlled, operated, and administered by Caliray from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Caliray Content accessed through Caliraybeauty.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Caliray is currently not accepting international orders.

Reseller Activity

The products, samples, and services available on this site are for personal use only. You may not sell or resell anything received from Caliray. Caliray has the right to cancel orders without refund, in our sole discretion, if we believe individuals may be violating these Terms and Conditions. Reseller activity may be found based on order size, frequency and quantity.

Fraud Protection

Caliray will screen all received orders for fraud or unauthorized / illegal activity. For orders, Caliray reserves the right to refuse to process, cancel, refund, and ship to certain addresses due to suspected illegal activity. If such activity is suspected, our Customer Service department may call you at the phone number provided to confirm your order.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Caliray, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Caliray reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Caliray in asserting any available defenses.

Arbitration / No Class Action

You and Caliray, Inc agree that, in the event parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CALIRAY INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Caliray agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CALIRAY, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CALIRAY, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CALIRAY, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALIRAY, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CALIRAY, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restriction

Caliray reserves the right, in its sole discretion, to terminate your access to the Site, delete your account and any content or information you have posted and terminate any related services or portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Caliray as a result of this agreement or use of the Site. Caliray's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Caliray's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Caliray with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Caliray with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Caliray with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Caliray reserves the right, in its sole discretion, to change the Terms under which Caliraybeauty.com is offered. The most current version of the Terms will supersede all previous versions. Caliray encourages you to periodically review the Terms to stay informed of our updates.

If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable by a court of jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. 

Inaccuracy Disclaimer

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Caliray, Inc. reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). While all reasonable efforts are made to ensure the information provided on the Site is accurate, we make no warranties about the accuracy and reliability of the information, data, or content on the Site.

Accessibility

If you are having difficulty viewing the content on this Site, have questions related to your order or account, please email us and we will be happy to assist you.

Email: Hello@Caliraybeauty.com