Terms of Service

Welcome to the website of CA1972 doing business as California Incline (“CA Incline,” “we, “us,” and “our”). These Terms of Service (“Terms”) apply to all websites, portals, or pages owned or operated by CA Incline, including those accessible through the domain and subdomains: www.californiaincline.com (the “Site”). Please read these Terms carefully prior to using the Site.

PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE WEBSITE.

1.  General Uses and Restrictions

By accessing and using the Site, you agree on your behalf, and on behalf of any entity or person on whose behalf you are accessing the Site, to abide by the Terms. CA Incline permits you to use and access the Site for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the terms is a condition of being granted access to, and use of, the Site. If you do not agree with the Terms, you may not access the Site and must exit immediately. 

By accessing the Site, you represent that you are at least 18 years of age, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Site, and that all information provided by you is accurate. 

2. Prohibited Uses

You agree not to use the Site to:

1. violate any applicable law.
2. send unsolicited marketing materials, including junk email, spam, or chain letters.
3. post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner. 
4. post, insert, transmit, or otherwise make available any malicious or harmful software that is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal information; or (c) prevent detection of any unauthorized invasion of any hardware, software or equipment. 
5. harvest or collect information about users of the Site.
6. interfere with or disrupt the operation of the Site. 
7. reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the Site except as expressly authorized by us. 
8. reverse engineer, decompile, or disassemble any portion of the Site. 
9. remove any copyright, trademark, or other proprietary notices from the Site. 
10. frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service. 
11. systematically download and store Site content. 
12. use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather Site content. 

3.  Third-Party Links and Content

This Site may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this Site, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.

4.  Ownership

As between you and us, we own the intellectual property rights to the Site’s contents, including, but not limited to, the text, graphics, and images on this Site. 

The contents of the Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent.  You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Site or any of its contents. We retain all rights, title, and interests in the Site’s contents unless expressly stated otherwise.

5.  Infringement

If you believe your copyrighted work is being use on the Site in a manner that constitutes copyright infringement, please contact our designated agent at info@caincline.com. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement. 

6.  Privacy Policy

We collect and use certain personal information from individuals who visit the Site. For more information about our use of personal information, please see our Privacy Policy. 

7.  Disclaimer

THE SITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS.” CA INCLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES. CA INCLINE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. 

8.  Indemnification

You agree to defend, indemnify, and hold harmless CA Incline, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors. from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Site, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Site, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Site. 

9.  Limitation of Liability

CA INCLINE AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 

WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT CA INCLINE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. 

YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF CA INCLINE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL BE $10. 

10. Dispute Resolution

10.1 General. In the interest of resolving disputes in the most expedient and cost effective manner, you and CA Incline agree that any dispute arising out of or in any way related to these Terms, your relationship with CA Incline, or any goods offered or provided by CA Incline, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms, will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CA INCLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE CALIFORNIA ARBITRATION ACT.

10.2 Exceptions. Notwithstanding Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (c) to file suit in a court of law to address an intellectual property infringement claim.

10.3 Arbitrator. Any arbitration between you and CA Incline will be governed by the California Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), and will be administered by JAMS. The JAMS Rules and filing forms are available online at www.jamsadr.com, or by calling JAMS at 1-800-352-5267. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

10.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). CA Incline’s address for Notice is set forth in Section 12.4. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly but, if the parties do not reach an agreement within thirty (30) days after the Notice is received, you or CA Incline may commence an arbitration proceeding. 

10.5 Fees. Each party shall pay its pro rata share of JAMS fees and expenses as set forth in the JAMS fee schedule, unless the parties agree on a different allocation of fees and expenses. If the action qualifies as a consumer arbitration, the JAMS Policy on Consumer Arbitrations shall apply.

10.6 Conduct of Arbitration. Any arbitration hearing will take place at a JAMS office in Los Angeles, California. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. 

10.7 No Class Actions. YOU AND CA INCLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CA Incline 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.

11. Governing Law 

This Agreement is governed by and construed in accordance with the laws of California without giving effect to any choice or conflict of law provision or rule. Any action against CA Incline that is not subject to mandatory arbitration, as set forth in Section 10, shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

12.  General Provisions

12.1 Entire Agreement. These Terms constitute the entire agreement between you and CA Incline relating to the Site. These terms supersede any and all prior or contemporaneous agreements or understandings between you and CA Incline. 

12.2 Severability. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.

12.3 Waiver. No failure to exercise, or delay in exercising any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 

12.4 Contact Us. If you have any questions about these Terms, you may contact us at:

California Incline

9401 WILSHIRE BLVD.

SUITE 500

BEVERLY HILLS, CA 90212

info@caincline.com

13.  SMS MESSAGES

1. CA Incline provides communications via SMS concerning upcoming events, programs and/or retreats (the “SMS Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “SMS Program Terms”). By providing your phone number to CA Incline, and/or opting in to our SMS Program, you accept and agree to the SMS Program Terms.  This SMS Program Terms is limited to the SMS Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The SMS Program allows Users to receive SMS/MMS mobile messages by providing their phone number to CA Incline and/or affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that this Agreement applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

1. User Opt Out: If you do not wish to continue participating in the SMS Program or no longer agree to the SMS Program Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Company and its service providers will have no liability for not honoring such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

1. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Effective February 12, 2024