Privacy Policy

Welcome to CadizXPLR.

Please read these Terms of Use and our Privacy Policy listed below (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website and CadizXPLR’s services, as described further below.

1. Acceptance of Terms of Use.

These terms of use govern your access to, and use of, this website located at www.cadizxplr.com (the “Site”) operated by Gadiera Group, Inc. a California corporation (“CadizXPLR”,”we”, or “our”). By accessing, browsing, or using the Site, you accept these Terms, as well as any referenced policy and any modifications to the Terms that may be made from time to time. If you do not agree to the Terms, you should not access, browse, or otherwise use the Site. The Terms are a binding legal agreement between you and CadizXPLR. Please read them carefully.

2. Term and Eligibility

The Terms remain in full force and effect while you use the Site. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The Site is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.

If you are accessing the Site from outside of the United States, you are prohibited from entering any personal information into the Site, including placing an order.

3. Modifications to Terms of Use.

CadizXPLR reserves the right, at any time, to modify, alter, or update the terms and conditions contained in the Terms, and you agree to be bound by such modifications, alterations, or updates. Notice of any modification of the Terms will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice.

4. Privacy Policy.

Any information submitted on the Site is subject to our Privacy Policy below. Please review our Privacy Policy carefully.

5. Accessing the Site and Account Security.

We reserve the right to withdraw or amend the Site, and any service or item we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site by you.

You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

6. Intellectual Property Rights.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by CadizXPLR, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only, subject to the following restrictions:

• You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as it is created and owned by you.

• You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
• You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, except with the express written permission of CadizXPLR.

• No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by CadizXPLR.

The CadizXPLR name and logo, and all related names, logos, product and service names, designs, and slogans are the property of CadizXPLR or its affiliates or licensors. You must not copy, imitate, or use such marks, in whole or in part, without the prior written permission of CadizXPLR. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is not an indication or endorsement by CadizXPLR unless otherwise indicated.

7. Reporting Claims of Copyright Infringement.

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Site, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent at hello@cadizxplr.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your name.
• The name and description of the work that is being infringed.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

8. Submissions.

The Site may allow you to post reviews or comments concerning CadizXPLR, and our products and services, and may allow you to send materials to us, including for use on the Site. You agree that CadizXPLR is free to use any comments, suggestions, questions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to us, or postings to or on the Site, but not including your account or order information, (each, a “Submission”) without compensation, acknowledgement, or payment to you for any purpose whatsoever. Furthermore, you agree that Submissions are non-confidential, and grant us a non-exclusive, fully paid, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Submissions throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submission and that the submission of any such materials to us, irrevocably waives any and all “moral rights” in your Submissions, including the rights of paternity and integrity. By posting or providing a Submission or other information, you represent and warrant that public posting and use of your Submission or information by CadizXPLR will not infringe on or violate the rights of any third party, and that you will indemnify us against any liability or losses arising out of our use of your Submissions in accordance with these Terms. Please do not submit Submissions to us if you do not understand and agree with these provisions.

9. Links.

We may provide links to other Web sites or resources that are beyond our control. We make no representations as to the quality, content, nature, or reliability of sites, which links to may be provided, and you hereby waive any claim you might have against us with respect to such sites. CadizXPLR is not responsible for the content on the internet or web pages that are contained outside the Site; when leaving this Site you should be aware that our terms and policies no longer govern, and therefore, you should review the terms of use of that site.

10. Prohibited Uses.

By using the Site, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Take any action that may damage or falsify CadizXPLR or Site rating.
• Otherwise attempt to interfere with the proper working of the Site.

11. No Warranties.

This site and the materials contained therein are provided on an “as is” basis; CadizXPLR makes no representations or warranties of any kind, either express or implied. You expressly agree that use of this site, including all content or data distributed by, downloaded, or accessed from or through this site, is at your sole risk. We disclaim all warranties, express or implied, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. Neither CadizXPLR nor any person associated with CadizXPLR makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the site. without limiting the foregoing, neither CadizXPLR nor anyone associated with CadizXPLR represents or warrants that the site, its content, or any services or items obtained through the site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components, or that the site or any services or items obtained through the site will otherwise meet your needs or expectations.

We are not responsible for typographical errors or omissions relating to pricing, text, or photography. While we attempt to ensure your access and use of the site is safe, we assume no liability or responsibility for any losses or damages arising from the use of the content provided on the site.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

12. Limited Liability.

In no event will CadizXPLR, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site, or such other websites or any services or items obtained through the site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

In no event will the collective liability of CadizXPLR and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to CadizXPLR for the applicable items out of which liability arose.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

13. Indemnification.

You agree to defend, indemnify, and hold harmless CadizXPLR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in the Terms or your use of any information obtained from the Site.

14. Applicable Law and Venue.

These Site Terms and any transactions hereunder shall be governed by and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court located in the County of San Mateo, California, or federal court in the Northern District of California, San Jose Branch, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

15. Arbitration.

At CadizXPLR’s sole discretion, it may require you to submit any disputes arising from the use of the Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Any arbitration will be in Orange County, CA.

16. General Terms.

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy

CadizXPLR respects your privacy. This Privacy Policy is part of our Terms of Use available here. In this Privacy Policy we describe the types of information we may collect from you or that you may provide when you use our website (“Site”) and our practices for using, protecting, and disclosing that information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Site. If you do not agree with our policies and practices, do not use the Site.

Information Collection

We collect several types of information from and about users on the Site, some of which allows us to personally identify our users, including:

• Information to create and fill out your Site account and/or send you newsletters, such as name and email address;
• Information related to your Site orders, such as any wishlist information you enter and order details;
• Information necessary to process and ship your Site orders, such as shipping address, billing address, and credit card information;
• Information that you voluntarily enter or provide to us, such as phone number, comments, or reviews;
• Information that is ascertained through our use of third-party applications, such as your Site usage, user behavior, and trends; and
• Information about your internet connection, the equipment you use to access the Site, and usage details.

We collect information from you directly when you provide it to us through the Site. Additionally, we collect generic information about your usage and equipment automatically as you navigate through the Site, but do not correlate tracking information to individuals.

Information Use

We use the information that you provide and/or we collect about you for a number of reasons related to the services and products we provide on the Site. First, we analyze visitor information in the aggregate - that is, we collect information about thousands of Site visits and analyze it as a whole. This kind of study involves looking for trends among many visitors to our Site, rather than analyzing information about any individual visitor. Examples include researching which parts of the Site are accessed most frequently or determining which products are most attractive to our users. We may also use aggregated, statistical information to describe our Site traffic and establish advertising and other business relationships with third parties. We do not provide any of your personal information to any third party advertisers.

Second, we use information that you provide to us for the reasons you intend when you provide the information – creating your Site account to process and save your orders, sending you newsletters, and processing and shipping your Site orders and returns. We may also use your information to provide you with notices about your Site account and orders, to enforce our rights arising from any contracts entered into between you and us (such as our Terms of Use and this Privacy Policy), and in other ways we may describe when you provide the information.

Third, we may use information you provide to help us customize our communications with you and improve our services and products, which may include working with third parties to build, manage, and analyze these communication and preference systems.

Third Party Internet Sites

Third party Internet sites available through links on our Site have separate privacy and data collection practices. We have no responsibility or liability for these third party policies, content, or actions, even if you access these third-party sites through a link on the Site. Please refer to the privacy statement of any applicable third party site when providing personally identifiable information.

Do Not Track Settings

The Site collects browsing data and sets first-party session cookies in order for the Site to function. In addition, third-party tracking cookies may be stored on the user’s browser and we do not control how these cookies react to Do Not Track settings. If you have a Do Not Track setting in place on your browser, the Site will honor these settings but some services and functionalities on the Site may be more limited.

Sharing and Disclosing Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To employees and contractors who help us run our business.
• To service providers, vendors, and other third parties we use to support our business, such as Flodesk or Klaviyo  for our newsletters and PayPal to process order payments.
• To a buyer or other successor in the event of a merger, reorganization, or other sale or transfer of some or all of our assets, in which personal information about Site users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• To third party contractors in order to analyze Platform performance and user behavior and/or to improve the Platform, such as Google Analytics, Facebook Analytics, and Pinterest Analytics.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us our customers, or others.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Choices About How We Use and Disclose Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to hello@cadizxplr.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a registration, product service experience or other transactions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

The Security of Your Information

We work diligently to protect the security of your personal information, including credit card information and login information, by using encrypted connections (SSH/HTTPS) during transmission and secure FTP connections for accessing Site files. The Site is hosted on Shopify. It is important for you to protect against unauthorized access to your password and to your customer account by ensuring that you logoff when you have finished visiting our Site.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Site and visiting your account. You may also send us an email at hello@cadizxplr.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@cadizxplr.com.

Legal Basis for Processing Personal Information

Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you (such as fulfilling an order that you place); (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Site and communicating with you as necessary to provide the Site, for example when responding to your queries, fulfilling your order, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Cookies

Cookies are small pieces of information that are stored in a browser-related file on your computer's hard drive when you visit our Site. We use cookies to improve your experience, for instance, by allowing you to login without typing the registered email address or registration number and password. We also use them to deliver information and fresh content specific to your interests. Cookies are widely used on most major sites.

Protecting the privacy of the young is especially important to us. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our Site is intended for use by those under 13.

Updates to our Information Practices

From time to time, we make changes to our information practices or alter the functionality of our Site. We will update this statement accordingly and post a notice on the Site homepage that this Privacy Policy has been updated for a reasonable amount of time after the changes have been implemented, so we encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions about our privacy policies or any other matter, please contact us at hello@cadizxplr.com.