Terms of Use

LAST UPDATED: AUGUST  2024

Welcome to the Go Retail Group corporate website ("Go Retail Group," "WonderWorld ATX," or the “Site”), a website owned and operated by Calendar Holdings LLC. This Site is intended to provide you with information about our company, including press releases, investor information, community giving, and more. Calendar Holdings LLC ("Calendar Holdings") provides its services to you subject to the following notices, terms, and conditions. These Terms of Use apply to the Calendar Holdings WonderWorld ATX website located at www.wonderworldatx.com and all other sites, services, and tools where these Terms of Use appear or are linked (collectively, the "Site").

PLEASE BE ADVISED THAT BY USING THIS SITE IN ANY MANNER, INCLUDING BROWSING, PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION, MAKING A PURCHASE, OR USING AUTOMATED TOOLS SUCH AS CRAWLERS, ROBOTS, OR DATA MINING TOOLS, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE, AS WELL AS CALENDAR HOLDINGS’S PRIVACY POLICY. If you do not accept all of these Terms & Conditions, you must immediately stop using the Site.

PRIVACY
 Please review our Privacy Policy to understand our information collection and use practices. The Privacy Policy is incorporated into these Terms of Use in its entirety.

CONTENT
 All content included on the site, including website design, text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is the owned or licensed property of Calendar Holdings or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Calendar Holdings and is protected by United States and international copyright laws. Calendar Holdings and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

LICENSE AND ACCESS
 Calendar Holdings grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the "USE OF SITE" section of these Terms of Use. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display of the content, images and software on this site is strictly prohibited. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and you may only access and use the website with permission from your parent or legal guardian.

AGE OF USERS
 Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (‘Minors’) are not permitted to use Calendar Holdings LLC websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 18 has provided any personal information to or on any of the Calendar Holdings LLC websites, we will remove that information as soon as possible.

TRADEMARKS
Graphics, logos, page headers, button icons, and scripts included on wonderworldatx.com are the proprietary property of Calendar Holdings LLC in the U.S. and other countries. These elements may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Calendar Holdings LLC or wonderworldatx.com.

USE OF SITE
 This site or any portion of this site may not be reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, scraped, crawled or otherwise exploited for any commercial purpose that is not expressly granted by Calendar Holdings. Calendar Holdings reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Calendar Holdings believes that customer conduct violates these Terms of Use, applicable law or is harmful to the interests of Calendar Holdings and its affiliates. Calendar Holdings further reserves the right to pursue any legal action against any user who violates the terms, conditions and notices contained on this site.

As a condition of your use of this Site, you warrant to Calendar Holdings that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. As a condition of your use of this Site, you warrant to Calendar Holdings that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;

  • download, copy or transmit any Content for the benefit of any other merchant;

  • use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Calendar Holdings or generally publicly available browsers;

  • frame, mirror or use framing techniques on any part of the Site without Calendar Holdings’s express prior written consent;

  • make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms of Use;

  • use any meta tags or any other hidden text utilizing Calendar Holdings’s name or marks;

  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  • use a buying agent to conduct transactions on the Site;

  • conduct fraudulent activities on the Site;

  • violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Calendar Holdings Site) or to the Site (impersonating another user);

  • send unsolicited or unauthorized email on behalf of Calendar Holdings, including promotions and/or advertising of products or services;

  • tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;

  • use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

  • harvest or collect personally identifiable information about other users of the Site;

  • restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

  • use the Site to advertise or offer to sell or buy any goods or services without Calendar Holdings’s express prior written consent;

  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;

  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or

  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

MODIFICATION AND TERMINATION
 Calendar Holdings may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Calendar Holdings reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

Calendar Holdings reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are, by their nature, intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

MOBILE SERVICES
 Calendar Holdings may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Calendar Holdings, and access certain other features (collectively the "Mobile Services"). Although Calendar Holdings does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

MOBILE TERMS AND CONDITIONS
 These terms and conditions apply to SMS text messages sent by Calendar Holdings. These messages can be recurring or one-time SMS text messages. You may cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code or number, as applicable. If you want to restart the text messages, you will need to provide your consent again.

·       If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

·       Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Calendar Holdings as part of this service. Calendar Holdings may use this information to contact you and provide services you request from Calendar Holdings. Calendar Holdings may also use this information as described in the subscription list you’ve enrolled in. Calendar Holdings may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at https://privacy.goretailgroup.com/privacy-policy.

·       As always, message and data rates may apply for any messages sent to you from us and to us from you. If enrolled in a subscription, the maximum number of messages per month you will receive will vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Calendar Holdings provides, contact us at 1800-366-3645

·       Calendar Holdings will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

·       We are able to deliver messages to a variety of mobile phone carriers but may not reach all. ***Carriers are not liable for delayed or undelivered messages***

·       You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Calendar Holdings or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.

If you have questions regarding how Calendar Holdings collects, uses, shares, and protects user information, please read our privacy policy at https://privacy.goretailgroup.com/privacy-policy

ACCESSIBILITY STATEMENT
 Calendar Holdings is committed to accessibility, diversity and inclusion. We are committed to providing an inclusive shopping experience for everyone, regardless of their abilities. We actively work to comply with accessibility standards, including W3C's WCAG 2.1 guidelines, a set of internationally recognized guidelines for digital accessibility. Our goal is to provide an easy shopping experience, whether you are using assistive technologies, like a screen reader, magnifier, or voice recognition software, or captions for videos.  We encourage you to provide us feedback via email and let us know if you experience any issues. Please visit our Contact Us page to speak with our Customer Service team.

COLOR
 Calendar Holdings strives to display the colors of the products shown on this Website accurately; however, because a monitor’s display may vary from the colors shown, we cannot and do not guarantee that your monitor’s display of any color will be the actual color of the products.

RISK OF LOSS
 Except as otherwise set forth herein, the risk of loss and title for all items purchased via sites owned and operated by Calendar Holdings passes to you upon delivery of the item to the carrier.

DIGITAL MILLENNIUM COPYRIGHT ACT
 Calendar Holdings's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Calendar Holdings's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Calendar Holdings that your copyrighted material has been infringed. Calendar Holdings does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Calendar Holdings will respond by either taking down the allegedly infringing content or blocking access to it. Calendar Holdings may contact the notice provider to request additional information. Under the DMCA, Calendar Holdings is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Calendar Holdings a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");

  • Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

  • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

  • Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";

  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";

  • Be signed; and

  • Be sent to our DMCA designated agent at the following address:

    • DMCA Designated Agent
      Calendar Holdings LLC
      6411 Burleson Rd
      Austin, TX 78744
      Fax: 512-369-6194
      email: compliance@Calendar Holdings

LINKS TO THIRD PARTY SITES
 Calendar Holdings may contain links to other websites and interactive functionality interacting with the websites of third parties ("Linked Sites") including social sites and product manufacturers’ sites. The Linked Sites are not under the control of Calendar Holdings and Calendar Holdings 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. Calendar Holdings does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links.

Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Calendar Holdings strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Calendar Holdings of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

LINKING TO CALENDAR HOLDINGS
 Linking to Calendar Holdings from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Calendar Holdings's content. A Linking Site shall not create a frame, browser or border environment to Calendar Holdings's content and a Linking Site shall not imply that Calendar Holdings is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Calendar Holdings, shall not provide false information about Calendar Holdings's products or services, and shall not unlawfully use the copyrights or trademarks owned by Calendar Holdings LLC, Calendar Holdings, or others. Linking Sites shall abide by any and all applicable laws.

LIMITATION OF LIABILITY
 THIS SITE IS PROVIDED BY CALENDAR HOLDINGS ON AN "AS IS" BASIS. CALENDAR HOLDINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALENDAR HOLDINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALENDAR HOLDINGS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CALENDAR HOLDINGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, CALENDAR HOLDINGS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF CALENDAR HOLDINGS'S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CALENDAR HOLDINGS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CALENDAR HOLDINGS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY CALENDAR HOLDINGS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CALENDAR HOLDINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM CALENDAR HOLDINGS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, CALENDAR HOLDINGS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

JURISDICTIONAL ISSUES The Site is controlled and operated by Calendar Holdings from the United States, and is not intended to subject Calendar Holdings to the laws or jurisdiction of any state, country or territory other than that of the United States. Calendar Holdings does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

INDEMNIFICATIONS AND DEFENSE
 As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Calendar Holdings and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that, if true, would constitute a breach by you of these Terms of Use.

NOTICES AND ELECTRONIC COMMUNICATIONS
 Except as explicitly stated otherwise, any notices you send to Calendar Holdings shall be sent by mail to: Legal Affairs, Calendar Holdings LLC, 6411 Burleson Rd, Austin, TX 78744. In the case of notices Calendar Holdings sends to you, you consent to receive notices and other communications by Calendar Holdings posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your account. You agree that all agreements, notices, disclosures, and other communications that Calendar Holdings provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CALIFORNIA PRIVACY RIGHTS

California residents have specific rights regarding their personal information under the California Consumer Privacy Act (CCPA) and other California privacy laws. For detailed information on your rights, including how to request access to, delete, or opt-out of the sale of your personal information, please review our Privacy Policy [https://privacy.goretailgroup.com/#california-privacy-notice]. If you have any questions or requests concerning your California privacy rights, you may contact us at:

Calendar Holdings - California Privacy Rights

Legal Department

6411 Burleson Road

Austin, TX 78744.

 

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to compliance@Calendar Holdings. You may also contact us by writing to Calendar Holdings, Legal Department, 6411 Burleson Road, Austin, TX 78744, or by calling us at (800) 366-3645. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

DISPUTES – ARBITRATION AGREEMENT
 Please read this carefully. It affects your legal rights. Any dispute of any kind between Calendar Holdings and you, including but not limited to any claim relating in any way to any advertisements, pricing, products, or services sold or distributed by Calendar Holdings, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge that use of this Site and/or purchase of any products or services from or through Calendar Holdings constitutes a transaction in interstate commerce. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement survives termination of these Terms.

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 Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA.

Initiating Arbitration

To initiate arbitration, you must send a written notice (“Notice”), by first class or certified mail to Calendar Holdings Legal Department, 6411 Burleson Road, Austin, TX 78744. If Calendar Holdings intends to seek arbitration, Calendar Holdings will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to Calendar Holdings at the address above, and Calendar Holdings will send such a copy to the current billing address on your account or to your attorney, if you have retained one.

Fees
 For claims of $75,000 (US Dollars) or less, you will pay the filing fee specified in the AAA Consumer Arbitration Rules. Calendar Holdings will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $75,000 (US Dollars), payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules.

Location & Procedure
 If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules.

Arbitrator’s Decision
 The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Calendar Holdings waives its right to seek attorneys’ fees and costs in arbitration.

Class Action Waiver
 YOU AND CALENDAR HOLDINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP, OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Calendar Holdings agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding.

Opt-Out
 You may opt-out of this arbitration agreement within 30 days of first accepting these terms by sending a written notice to Calendar Holdings’s Legal Department at 6411 Burleson Road, Austin, TX 78744.

Jurisdiction
 If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Exclusive jurisdiction and venue for any such action will be in the state and federal courts located in Travis County, Texas. These Terms of Use will be governed by Texas law, exclusive of any choice of law rules, except for the arbitration agreement, which is governed by the Federal Arbitration Act.

 

ADDITIONAL TERMS & CONDITIONS
 In addition to the policies and guidelines located throughout the Calendar Holdings Site, the following policies are incorporated into the Terms of Use:

  • Return Policy

  • Privacy Policy

  • Submission Guidelines

MISCELLANEOUS
 These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Calendar Holdings with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

OUR ADDRESS
 If you have any concerns about Calendar Holdings or your use of the Site, please contact us with a detailed description, and we will try to resolve it.
 Calendar Holdings LLC, 6411 Burleson Road, Austin, Texas 78744, U.S.A.