Terms and Conditions
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR GOODS (AS THAT TERM IS DEFINED BELOW) YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND YOUR ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN A MEMBERSHIP OR PRODUCTS FROM CALCHAMBER IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CALCHAMBER OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Account means a unique account created for You to access our Site or parts of our Site
- Auto-Renewal refers to CalChamber’s automatic ordering program whereby members can sign up to have their membership renewed on an annual basis.
- Auto-Ship refers to CalChamber’s automatic shipping program whereby customers/members can sign up to have their purchased products automatically shipped on an annual basis.
- CalChamber (referred to as either "CalChamber", "We", "Us" or "Our" in this Agreement) refers to the California Chamber of Commerce, 1215 K Street, Sacramento, California.
- Free Trial refers to a limited period of time that may be free when purchasing a Membership.
- Goods refer to Products and Memberships available for purchase on the Site and by contacting Customer Service.
- Membership refers to access to CalChamber's Products and other services as part of a membership level offered on an annual basis by CalChamber to You.
- Orders mean a request by You to purchase Goods from Us.
- Parties means both You and CalChamber.
- Products refer to both physical products (posters, pamphlets and books) and digital/online products (digital posters, digital pamphlets, Labor Law Digest download, Employee Handbook Creator, Webinars/Seminars).
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and CalChamber regarding the purchase of Goods on the Site.
- Third-Party Site means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Site.
- Website (or “Site”) refers to www.CalChamber.com and all of its affiliated sites.
- You (or “Your”) means the individual accessing or using the Site, and the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
These are the Terms and Conditions governing Your access to the Site and Your purchase and sale of Goods from the Site and is the agreement that operates between You and CalChamber. These Terms and Conditions set out the rights and obligations of all users.
Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Site.
By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Site.
- Your Information
If You wish to place an Order for Goods available on the Site, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
- Order Cancellation
You agree that Your Order is an offer to buy, under these Terms. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Product availability
- Errors in the description or prices for Goods
- Errors in Your Order
- Violation of these Terms
- You engage in abusive or threatening behavior towards CalChamber and its employees
We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
- Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Site. The Goods available on Our Site may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Site and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Goods will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your Goods total and will be itemized in Your shopping cart and Your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods to include Visa, MasterCard, American Express, by ACH debit or check.
Payment cards (credit cards or debit cards) and ACH debits are subject to validation checks and authorization by Your card issuer and/or bank. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. For payments made by ACH or check, Products won’t ship/Memberships won’t become activated, until payment has been received, authorized and processed.
You represent and warrant that (i) any payment information you supply to us is true, correct, and complete, (ii) You are duly authorized to use such payment method for the purchase, (iii) charges incurred by You will be honored by Your credit card company/bank, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of Your order.
- Memberships / Cancellations
CalChamber offers Memberships to businesses (including sole proprietors). As such, any such purchase shall be on behalf of Your company/employer.
- Membership Period
Some parts of the Site are available only with a paid Membership. You will be billed in advance on either a one-time occurrence or on an annual auto-renewal, as per Your preference.
If on a one-time occurrence, your membership will be good for one (1) year from purchase and will terminate promptly thereafter on your Membership expiration date if you decide not to renew. If You purchased a Membership with the Auto-Renewal option, see further details below in the Auto-Renewal/Auto-Ship Program section.
If You upgrade Your Membership in the middle of your Membership year, Your Membership renewal date will not change to the upgrade date.
- Membership Benefits
Access to CalChamber’s Website membership benefits occurs on the same day payment is received subject to You providing accurate contact information. Access to some courses that are available in higher membership tiers occurs within two (2) business days. See an Account Manager for specific details.
legal advice or third-party advice received by You by virtue of your Membership. All remedies shall be between You and any such firm.
- Membership Cancellations / Auto-Ship Cancellations
Memberships that are not on auto-renewal cannot be cancelled. Once paid, You will have access for the full year in which You paid for Your Membership.
For auto-renewal Memberships, You may cancel Your Membership renewal through “Your Account” settings page on the Site. To cancel the Membership auto-renewal select “Manage Membership” from the menu.
For all Membership cancellations, You will not receive a refund for the fees You already paid for Your current Membership period. You will continue to have access to the Site until the end of Your current Membership period.
To modify/cancel Your auto-ship order for certain applicable Products, You may do so through Your Account settings page on the Site. To modify or cancel your auto-ship order select “Manage Auto-Ship” from the menu.
To reach Customer Service you can email them at: email@example.com or call (800) 331-8877.
- Membership Period
- Auto-Renewal/Auto-Ship Program
If you purchased a Membership under the Auto-Renewal Program or signed up under the Auto-Ship Program for certain applicable Products, the following additional terms apply:
Under the Auto-Ship Program, When signing up under the Auto-Ship Program, CalChamber will automatically send the requested Products on a yearly basis unless You cancel the auto-ship as per the information provided in these Terms. CalChamber will ship Your products after they arrive at CalChamber’s warehouse, if applicable. You can modify or cancel your auto-ship order at any time before the products are shipped. (See section on cancellations.) CalChamber, in its sole discretion, may require receipt of payment before shipping products. CalChamber will notify you if payment is required before shipment.
If you do not cancel before your auto-ship Products ship, you will be responsible for paying for all charges. The credit card used to pay for the auto-ship order will be attached to your account and automatically charged at the rates in effect at the time of renewal or shipment. If your company has an existing auto-ship order with the same billing and shipping contact (viewable on the Site under Your Account under “Manage Auto-Ship”), the most recent payment method provided will be applied to the entire auto-ship order.
The cost for Membership, additional accesses and/or your auto-ship Products are subject to change each year. Before Membership renewal or shipment of Products, CalChamber will remind you of the upcoming renewal and/or the Products that you will receive. Information regarding the prices to be applied are available in “My Account” on the Site. You will be responsible for all costs related to renewed Memberships and/or auto-ship products unless You affirmatively cancel per the terms included herein.
These additional terms apply only to the Membership Auto-Renew/Auto-Ship Programs.
To make a purchase on the Website, You must have a United States shipping address. Shipments will not be made to a post office box. Shipping and handling fees are available at check-out and CalChamber reserves the right to change the fees from time to time without notice. You agree to be bound by the details that appear when You complete Your order. Shipping and handling fees may or may not reflect actual costs.
Shipping times may vary depending on the Product purchased. Please see an Account Manager for details.
You shall provide CalChamber with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method (credit card, ACH or check).
Should automatic billing fail to occur for any reason, CalChamber will issue an electronic notification of the declined transaction.
- Membership Fee Changes
CalChamber, in its sole discretion and at any time, may modify Membership fees. Any Membership fee change will become effective at the end of the then-current Membership term and will apply to the following Renewal Term.
CalChamber will provide You with reasonable prior notice of any change in Membership fees to give You an opportunity to terminate Your Membership before such change becomes effective.
Unless You cancel Your Membership as set forth under the cancellation section, Your continued use of the Site after the Membership fee change goes into effect constitutes Your agreement to pay the updated Membership fee amount.
Except when required by law, all fees paid by You for a Membership, are non-refundable.
Physical Products: All posters, pamphlets and books are eligible to be returned for a full refund (excluding S&H) within thirty (30) days from the date the item was shipped to You by CalChamber. The returned item must be received by CalChamber within those thirty (30) days. In order to receive a refund, all returned items must be in the same condition in which You received them. Any item that has been damaged, opened or written upon are nonreturnable and nonrefundable. This includes any Product that was sent to You in shrink-wrap. If you return an item that is damaged, opened or written upon, and thereby nonrefundable, it will not be returned to you. All shipments must be returned via UPS, FedEx or other traceable method, at Your cost. Missing items must be reported within thirty (30) days from the date the item was shipped to You by CalChamber.
Digital/Online Products: All digital posters, digital pamphlets, Labor Law Digest downloads, Employee Handbook Creator accesses and Webinars/Seminar purchases are nonrefundable. This includes any kits of which the above-identified products are included.
Please see the Return/Cancellation Policy on calchamber.com, incorporated herein by reference, for more information on returns and cancellations.
Discounts, outside of specific membership tier discounts, provided by CalChamber to You are introductory only offers. The amount You pay for future Products or Memberships shall be the amount as advertised on the Site at time of purchase.
- Free Trial
CalChamber may, at its sole discretion, offer a Membership with a free trial for a limited period of time and for limited use. You are only permitted to use the free trial once. If CalChamber determines You are abusing the free trial by signing up under different accounts, CalChamber will terminate your free trial period immediately.
At any time and without notice, CalChamber reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
- User Accounts
When You create an account with CalChamber, You must provide CalChamber with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on the Site.
You are responsible for safeguarding the password that You use to access the Site and for any activities or actions under Your password.
You agree not to disclose Your password to any third party or share your credentials with anyone. You must notify CalChamber immediately upon becoming aware of any breach of security or unauthorized use of Your account. CalChamber shall not be responsible for Your failure to comply with this provision.
Membership accesses may only be used within the member company and shall in no event be shared outside of the member company.
If additional accesses are needed for your company, please contact Customer Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- Intellectual Property
The Site and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of CalChamber and its licensors.
The Site is protected by copyright, trademark, and other laws of the United States.
CalChamber Site content, trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CalChamber.
- Links to Other Websites
The Site may contain links to Third-Party Sites or services that are not owned or controlled by CalChamber.
CalChamber has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Sites or services. You further acknowledge and agree that CalChamber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
CalChamber strongly advises You to read the terms and conditions and privacy policies of any Third-Party Sites or services that You visit.
CalChamber may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Site will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Site.
- Notice and Communications
You agree that CalChamber may communicate with You by email about Your Membership, current Orders or past Orders, including without limitation delivering notices or disclosures to you. CalChamber reserves the right to communicate with you by other means, including without limitation postal mail, phone, facsimile, or other method of communication.
By completing Your purchase of Goods from CalChamber, whether on the Website or through Customer Service, You are consenting to receive communications from us electronically regarding Your Order and other matters related to Your Order including future purchase of Goods from CalChamber. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of CalChamber and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Site or 100 USD if You haven't purchased anything through the Site.
To the maximum extent permitted by applicable law, in no event shall CalChamber or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if CalChamber or its suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
- Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Your use of the Site.
- Disputes Resolution
In the event of any dispute, controversy, or claim between You and CalChamber based on or arising out of these Terms, a Party shall give detailed written notice of such dispute to the other Party. The Parties shall attempt in good faith to resolve such dispute in a voluntary, amicable, and expeditious manner. If they are unable to resolve any dispute in such manner, the dispute shall be resolved by final and binding arbitration in accordance with the Judicial Arbitration and Mediation Service Streamlined Rules & Procedures (the “JAMS Rules”). Arbitration shall be held in Sacramento, California, before an arbitrator selected pursuant to the JAMS Rules who will have no personal or pecuniary interest, either directly or indirectly, from any business or family relationship with either of the Parties. All decisions of the arbitrator will be final, binding, and conclusive on the Parties. The Parties will equally share the costs of the arbitrator and the arbitration fee (if any). However, the Party prevailing in any such action shall be entitled to recover from the other Party all arbitration costs and reasonable attorney’s fees, including the costs and fees incurred in enforcing any judgment. Either Party may seek confirmation of the arbitration award in any court having competent jurisdiction. The court in which the action is filed shall have continuing jurisdiction over these Terms and the matters contained herein. Notwithstanding the foregoing, either Party may seek equitable relief prior to the arbitration to preserve the status quo or to prevent material harm to such Party pending the completion of the arbitration process provided for in this section. By purchasing Goods or signing up for a free trial, and except for the necessity of obtaining equitable relief as more fully set forth above, the Parties each agree to waive any and all rights to a jury trial as to any and all disputes that may arise under these Terms.
- Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
- Translation Interpretation
These Terms may have been translated by You, a Third-Party Site, or by Us if We have made them available to You on our Site. You agree that the original English text shall prevail in the case of a dispute.
- Website Content
The information provided on this Website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this Site are for general informational purposes only. As such, nothing included on this Website creates an attorney-client relationship. You should contact Your own attorney to obtain legal advice. CalChamber expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Website or any of the information contained herein/therein.
- Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site.
- Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By phone: (800) 331-8877
Version 4.0 - 5/31/2023