We may track web traffic origination and patterns for visitors to our Services, and we may analyze this data for trends and statistics in the aggregate, but this information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use this aggregate information to analyze trends, administer the Service, track users’ movement, and gather broad demographic information for aggregate use.
We may collect data that is defined as Personally Identifiable Information (“PII”) by the U.S. Family Educational Rights and Privacy Act (“FERPA”). We’ll use that PII only for the purpose of fulfilling our responsibilities to deliver the Service, and will not monitor, share, or disclose any such PII to any third party except as provided for in these Terms, as required by law, or as authorized in writing by you. You agree that de-identified data, from which all PII-qualifying identifiers have been removed in accordance with FERPA definitions, is not PII and may be used for lawful purposes.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO THE SITE
You and/or the Users to which you have granted access to California Fresh Home Services, may be able to post user-generated content, such as comments, answers or reviews ("User Generated Content") in the Services.
The user of the Account posting such User Generated Content will remain the owner of the User Generated Content. You are responsible for the User Generated Content you have posted and for all User Generated Content that is posted from any Account authorized or created by you.
For all User Generated Content, you represent and warrant that (i) the poster has the right to post the User Generated Content, (ii) neither California Fresh Home' nor any third party's rights, laws, statutes, ordinances or regulations, e.g. COPPA, FERPA, CalOPPA, etc., will be violated by such posting, (iii) you are not being compensated for the posting; and (iv) the User Generated Content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on California Fresh Home’ or any third party's rights of publicity or privacy, (b) does not make the security of your Account, Apps, and/or Services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, ransomware, malware, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (g) does not contain information that is false, inaccurate or misleading and (h) does not include or constitute commercial advertisements or solicitations. You acknowledge that California Fresh Home and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Generated Content or material that is available through the Apps and/or Services.
By posting User Generated Content, you grant California Fresh Home an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with California Fresh Home, Apps, and Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each User of an Account, App, and/or Service a worldwide, non-exclusive, fully paid, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you during each such User's use of the Account, Apps, and/or Services.
Although California Fresh Home does not regularly review transmissions, submissions or postings, California Fresh Home reserves the right (but not the obligation) to review, edit, refuse to post or remove User Generated Content.
You are solely responsible for all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting them.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to User Generated Content as against California Fresh Home.
CODE OF CONDUCT
By accessing or using the Service or any other feature provided through the Service, including but not limited to, User Generated Content, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
Use the Service in breach of these Terms;
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use or access to the Service;
Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
Impersonate another person or entity;
Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
Solicit PII from or exploit any individual under eighteen (18) years of age;
Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Service;
Gain unauthorized access to any computer system or nonpublic portion of the Service or interfere with or disrupt the Service, servers, or networks connected to the Service;
Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Service’s users;
Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
California Fresh Home cannot and does not assure that other users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
The Service and App may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile phone or access Service features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Features available. You shall provide all equipment and software necessary to connect to the Mobile Features, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service. California Fresh Home will not be liable for any delays in the receipt of any User Generated Content, as delivery is subject to effective transmission from your network operator.
California Fresh Home does not warrant that the functions or features of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. California Fresh Home does not make any representations or warranties regarding the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. Interruptions of the Service will occur from time-to-time for many reasons, such as outages and/or periodic maintenance being performed. You understand and agree that the usage of the Service is at your own discretion and risk. You will be solely responsible for any damages or loss of data that results from such use.
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service and you agree to promptly install any Updates we provide. Your continued use of the Service is your agreement to these Terms with respect to the Service.
You acknowledge that you have verified the compatibility of the Device with other equipment in your home (e.g. electrical). You are solely responsible for determining the compatibility of the Device with other equipment in your home, and you accept that lack of compatibility is not a valid claim under any applicable warranty and does not otherwise constitute a basis for receiving a refund.
There may be laws in the jurisdiction that you install a particular Device applicable to where and how to install that Device. You should check that you are in compliance with all relevant laws in your jurisdiction. We are not responsible for any injury or damage caused by self-installation. You should do your own diligence of the installers to select one that best fits your needs. Initial Installation and monthly subscription fragrances requires you to change fragrance oil bottles. When doing this, fragrance oil may touch you or your floor or furniture or any other surface in your home. If oil is spilled on any surface in your home, we advise you wipe it up immediately with a rag and assume NO responsibility of any damage that occurs to any surface of your apartment or home. Please BE CAREFUL and have a rag handy in case of any dripping of fragrance oil.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). Even if the third party is affiliated with California Fresh Home, California Fresh Home has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of California Fresh Home. California Fresh Home has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that California Fresh Home sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
If you determine to share any information about any California Fresh Home products through a social network platform, including through links provided by California Fresh Home through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows you to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by California Fresh Home, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. You expressly acknowledge and agree that we in no way are responsible or liable for any such External Sites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third party services and such services may interact with, connect to or gather and/or pull information from and to your Service profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile in the Service being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.
SALE OF PRODUCTS TO END USERS ONLY
If you wish to purchase a Device or other product through the Service, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us (or our third-party payment processor) will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We only sell Devices, Subscriptions or products to individuals who can purchase with a permitted payment method. You are permitted to purchase only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to resale. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any Device or products ordered via the Service. California Fresh Home sells its Device and fragrance refills (collectively “Products”) from the site to end-user customers who enroll in a monthly subscription to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscriptions with the intent to further distribute or resell or for any other commercial or business purpose. We reserve the right to limit the quantity of Subscriptions purchased per person, per household or per order. The Subscription and all rights and privileges conferred are personal and non-transferable. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
Products and Subscriptions offered by California Fresh Home through the website and App are only an offer to conclude a sales contract. Such contracts are only concluded upon the confirmation of the order by e-mail by California Fresh Home to You. The total price of your order will be reflected on the final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Subscriptions can be found on California Fresh Home’ then-current pricing page. California Fresh Home reserves the right to change the prices and fees for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
SUBSCRIPTION TERMS AND SUBSCRIPTION CANCELLATION POLICY
IMPORTANT NOTICE TO CONSUMER: California Fresh Home is a month-to-month, cancel-at-any-time, subscription. Your Subscription is billed month-to-month and may be cancelled at any time by request by emailing California Fresh Home at email@example.com. California Fresh Home requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term. There are absolutely no early termination fees or any other fees of any kind associated with cancelling a Subscription.
Do NOT tip machine forward/backward/sideways once fragrance oil is inserted. You Must keep the smart diffuser vertical at ALL times as fragrance oil can drip/ spill out. If drip/ spill occurs, clean up immediately. You, the customer, accept and assume any damage to furniture or flooring while using the smart diffuser.
Do NOT place diffuser behind or next to furniture. You, the customer, accept and assume any damage to furniture or flooring while using the smart diffuser.
Clean underneath the machine once a week. If fragrance oil buildup occurs on the floor beneath the machine, the machine should be moved to a different location with better air flow. You, the customer, accept and assume all damages from fragrance oil buildup on the ground/furniture from the machine.
Spilled oil will damage most surfaces, including clothing, if not cleaned immediately with DISH SOAP. If fragrance oil does spill on any surface, you, the customer, accept and assume all damages. Proper installation of fragrance oils are given when you download the app.
Do NOT let dust build on the smart diffuser. Dust will hinder fragrance distribution.
After replacing the fragrance refill bottle, We recommend washing hands with soap and water.
Use the cap from the new delivered bottle to cap the old/ used fragrance bottle that is removed from the machine.
YOU Must dispose of used/ filtered oil properly according to local laws and regulations.
Only certified California Fresh Home fragrance is to be used in the smart diffuser. Any other fragrance oil may cause damage to the machine.
If any health problems arise please refer to MSDS sheet on californiafreshhome.com/help. You, the customer, accept and assume any health risks of yourself and anyone else who is in or visiting your home while using the smart diffuser.
Any adverse health affects or damage to furniture/ flooring/ clothing are assumed risks of YOU, the customer.
OPERATION OF THE SERVICE – DISCLAIMER
California Fresh Home endeavors to maintain the Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. AS TO THE OPERATION OF THE SERVICE, California Fresh Home EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. California Fresh Home MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not California Fresh Home) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of using the Service. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. You use the Device at your own discretion and risk. You will be solely responsible for (and California Fresh Home disclaims) any and all loss, liability or damages resulting from your use of the Device, including damage or loss to your electrical system, plumbing, home, Device, other peripherals connected to the Device, computer, mobile device, and all other items and pets in your home.
LIMITATION OF LIABILITY
IN NO EVENT SHALL California Fresh Home BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CALIFORNIA FRESH HOME HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If the foregoing limitation of liability is held to be unenforceable, the maximum liability to you shall not exceed the amount paid by you for the Service. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Service does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights.
You agree to indemnify, defend, and hold harmless California Fresh Home, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages (actual and consequential) and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms, your use of the Service (including negligent or wrongful conduct) and/or the use of the Service by any other person using your Device or Account.
APPLICABLE LAW AND DISPUTES
We want to address your concerns without needing a formal legal proceeding. Before filing a claim against California Fresh Home, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or California Fresh Home may bring a formal proceeding. You and California Fresh Home agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts of Salt Lake County, Utah, unless otherwise required by applicable law of any other jurisdiction. Both you and California Fresh Home consent to venue and personal jurisdiction in such courts. These Terms will be governed by Utah law except for its conflicts of laws principles, unless otherwise required by applicable law of any other jurisdiction.
California Fresh Home INTELLECTUAL PROPERTY RIGHTS
Except your User Generated Content, to the extent any exists, the content in the Services, including without limitation, the trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, and the like ("Content"), is owned by or licensed to California Fresh Home and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content in the Apps and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of California Fresh Home, which permission may be withheld in California Fresh Home sole discretion. California Fresh Home reserves all rights not expressly granted in and to the Site, Apps, Software, Services and Content. California Fresh Home makes no claim to any third-party names, trademarks or service marks appearing on the Site or Apps or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from an you or an Account authorized or created by you of California Fresh Home or any third party's intellectual property rights regarding the Content and/or any other harm incurred by California Fresh Home or its affiliates as a direct or indirect result of you or an Account authorized or created by you copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. California Fresh Home respects the intellectual property of others, and we ask our users and visitors to do the same. California Fresh Home will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, California Fresh Home will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide California Fresh Home the following information. Please be advised that to be effective, the notification must include ALL of the following
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address and all other information reasonably sufficient to permit California Fresh Home to contact you;
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;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Huntington Beach, CA
MODIFICATION OF TERMS
From time to time, California Fresh Home may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions.
VIOLATIONS OF TERMS
In addition to any legal remedies that California Fresh Home may have for your violation of these Terms, your failure to follow these Terms, whether listed in these Terms or communicated on or through the Service, may result in suspension or termination of your access to the Service without notice.
No failure on the part of California Fresh Home to enforce any part of the Terms shall constitute a waiver of any of California Fresh Home’ rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by California Fresh Home nor the reliance of any person on California Fresh Home’ actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of California Fresh Home shall have any legal effect whatsoever.
RELATIONSHIP OF THE PARTIES
The contributions provided by you are not to be considered as representative of the views of Pura Services or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and California Fresh Home.
When you use the Service or send emails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices through the Service or by responding to your email. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The paragraph headings in these Terms are only for convenience and have no legal effect.
If any section or sections of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections.