Welcome to Caliber3USA.com. Caliber 3 USA, LLC and/or its affiliates (“Caliber 3 USA”) provide website features and other products and services to you when you visit or shop at Caliber3USA.com, use Caliber 3 USA products or services, use Caliber 3 USA applications for mobile, or use software provided by Caliber 3 USA in connection with any of the foregoing (collectively, “Caliber 3 USA Services”). Caliber 3 USA provides the Caliber 3 USA Services subject to the following conditions.
By using Caliber 3 USA Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Caliber 3 USA Services, and sometimes additional terms may apply. When you use a Caliber 3 USA Service, you also will be subject to the guidelines, terms, and agreements applicable to that Caliber 3 USA Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Caliber 3 USA Services, to understand our practices.
When you use Caliber 3 USA Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Caliber 3 USA Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Caliber 3 USA Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Caliber 3 USA or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Caliber 3 USA Service is the exclusive property of Caliber 3 USA and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Caliber 3 USA trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Caliber 3 USA Service are trademarks or trade dress of Caliber 3 USA in the U.S. and other countries. Caliber 3 USA’s trademarks and trade dress may not be used in connection with any product or service that is not Caliber 3 USA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Caliber 3 USA. All other trademarks not owned by Caliber 3 USA that appear in any Caliber 3 USA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Caliber 3 USA.
One or more patents owned by Caliber 3 USA apply to the Caliber 3 USA Services and to the features and services accessible via the Caliber 3 USA Services. Portions of the Caliber 3 USA Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Caliber 3 USA or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Caliber 3 USA Services. This license does not include any resale or commercial use of any Caliber 3 USA Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Caliber 3 USA Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Caliber 3 USA or its licensors, suppliers, publishers, rights-holders, or other content providers. No Caliber 3 USA Service, nor any part of any Caliber 3 USA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Caliber 3 USA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Caliber 3 USA without express written consent. You may not use any meta tags or any other “hidden text” utilizing Caliber 3 USA’s name or trademarks without the express written consent of Caliber 3 USA. You may not misuse the Caliber 3 USA Services. You may use the Caliber 3 USA Services only as permitted by law. The licenses granted by Caliber 3 USA terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Caliber 3 USA account to use certain Caliber 3 USA Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Caliber 3 USA does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Caliber 3 USA Services only with involvement of a parent or guardian. Alcohol listings on Caliber 3 USA are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Caliber 3 USA reserves the right to refuse service, terminate accounts, terminate your rights to use Caliber 3 USA Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Caliber 3 USA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Caliber 3 USA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Caliber 3 USA and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Caliber 3 USA for all claims resulting from content you supply. Caliber 3 USA has the right but not the obligation to monitor and edit or remove any activity or content. Caliber 3 USA takes no responsibility and assumes no liability for any content posted by you or any third party.
Caliber 3 USA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from Caliber 3 USA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Caliber 3 USA does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Caliber 3 USA does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
Caliber 3 USA attempts to be as accurate as possible. However, Caliber 3 USA does not warrant that product descriptions or other content of any Caliber 3 USA Service is accurate, complete, reliable, current, or error-free. If a product offered by Caliber 3 USA itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Caliber 3 USA and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Caliber 3 USA.
With respect to items sold by Caliber 3 USA, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If the correct price of an item sold by Caliber 3 USA is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
If you use apps created by Caliber 3 USA, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
SANCTIONS AND EXPORT POLICY
You may not use any Caliber 3 USA Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Caliber 3 USA Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Caliber 3 USA Software), technology, and services.
Parties other than Caliber 3 USA operate stores, provide services or software, or sell product lines through the Caliber 3 USA Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Caliber 3 USA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Caliber 3 USA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Caliber 3 USA SERVICES ARE PROVIDED BY Caliber 3 USA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Caliber 3 USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MADEINSRAEL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Caliber 3 USA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Caliber 3 USA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Caliber 3 USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Caliber 3 USA DOES NOT WARRANT THAT THE MADEINSRAEL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Caliber 3 USA SERVICES, Caliber 3 USA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Caliber 3 USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Caliber 3 USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Caliber 3 USA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MADEINSRAEL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Caliber 3 USA Service, or to any products or services sold or distributed by Caliber 3 USA or through Caliber3USA.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal department at 2937 Norman Strasse Road, San Marcos, CA 92069. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Caliber 3 USA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Caliber 3 USA Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Caliber 3 USA.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Caliber 3 USA Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Caliber 3 USA, LLC
2937 Norman Strasse Road,
San Marcos, CA 92069
ADDITIONAL CALIBER 3 USA SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Caliber 3 USA Services (the “Caliber 3 USA Software”).
- Use of the Caliber 3 USA Software. You may use Caliber 3 USA Software solely for purposes of enabling you to use the Caliber 3 USA Services as provided by Caliber 3 USA, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Caliber 3 USA Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Caliber 3 USA Software in whole or in part. All software used in any Caliber 3 USA Service is the property of Caliber 3 USA or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Caliber 3 USA Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Caliber 3 USA Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Caliber 3 USA Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Caliber 3 USA Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Caliber 3 USA or third-party terms applicable to any portion of Caliber 3 USA Software, such as open-source license terms, such other terms will control as to that portion of the Caliber 3 USA Software and to the extent of the conflict.
How to Serve a Subpoena
If you have a subpoena to serve on Caliber 3 USA, please note that Caliber 3 USA does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Caliber3USA.com, preferably by mailing the subpoena to Caliber 3 USA’s agent.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial numbr for Caliber 3 USA devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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 the copyright owner’s behalf.
Caliber 3 USA’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Caliber3USA.com Legal Department
2937 Norman Strasse Road
San Marcos, CA 92069
phone: (858) 755-0216
fax: (858) 755-1212
Caliber3USA.com Legal Department
2937 Norman Strasse Road
San Marcos, CA 92069
Please note that this procedure is exclusively for notifying Caliber 3 USA that your copyrighted material has been infringed.