Terms & Conditions
Last Updated: November 25, 2025
Agreement to Terms
These Terms of Use (“Terms”) govern your access to and use of www.cmagifts.com and any related websites, applications, or services operated by California Marketing Associates (“CMA,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site.
About CMA
CMA is a sales representative agency that represents and markets brands to retailers and wholesale buyers. CMA is not the manufacturer, seller, or merchant of record for products displayed on the Site. All purchases, warranties, defects, safety claims, recalls, and fulfillment obligations are handled directly by the respective brands or manufacturers.
Eligibility and Account Registration
Some features of the Site may require you to create an account and provide accurate business information, including resale certificates or tax identification numbers. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. CMA reserves the right to approve, deny, or revoke access at its discretion.
Website Content and Intellectual Property
All product images, descriptions, photographs, videos, text, graphics, logos, layouts, and other materials appearing on the Site (“Content”) are owned by CMA, the brands we represent, or third-party licensors. The Content is provided solely for browsing, ordering, and informational purposes. You may not copy, distribute, reproduce, republish, modify, or publicly display any Content without prior written permission from CMA or the applicable rights holder.
User-Generated Content (Future Use)
The Site does not currently allow users to upload reviews, comments, or other user-generated content (“UGC”). If UGC features are added in the future, these Terms will apply automatically. Any future UGC must be lawful, appropriate, and non-infringing. CMA reserves the right to remove or restrict UGC at any time.
Prohibited Conduct
You agree not to use the Site in any manner that could harm CMA, disrupt Site operations, or violate applicable law. Prohibited behavior includes, but is not limited to:
- Scraping, harvesting, or mining product data or information
- Using bots, scripts, crawlers, or automated tools to access the Site
- Circumventing authentication, permissions, or security controls
- Modifying, reverse engineering, or disrupting Site functionality
- Uploading malware, viruses, or harmful code
- Attempting unauthorized access to systems or data
- Impersonating CMA personnel or misrepresenting your identity
- Using product photography, logos, or assets without permission
- Engaging in fraudulent, illegal, or harmful activity
CMA may suspend or terminate access for violations of these Terms.
Product Information and Third-Party Responsibilities
Product information—such as pricing, availability, descriptions, and imagery—is provided by the brands CMA represents. CMA does not guarantee accuracy or completeness of such information. All orders, returns, replacements, warranties, and product concerns must be handled directly with the applicable manufacturer, brand, or fulfillment provider.
Third-Party Links and Services
The Site may link to third-party websites and services. CMA is not responsible for the availability, content, practices, or policies of any third-party platforms.
Accessibility
CMA is committed to offering an accessible website experience and continually works to improve usability for all visitors. Please refer to our Accessibility Statement for additional information or assistance.
Security
CMA uses reasonable measures to safeguard the Site, but no digital system is entirely secure. You are responsible for protecting your login credentials and notifying us immediately of any unauthorized access or suspicious activity.
Disclaimer of Warranties
The Site and its Content are provided “as is” and “as available,” without warranties of any kind. CMA disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, accuracy, reliability, availability, and non-infringement. CMA does not guarantee uninterrupted or error-free operation of the Site.
Limitation of Liability
To the fullest extent permitted by law, CMA shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, business opportunities, or goodwill. CMA’s total aggregate liability shall not exceed one hundred dollars ($100). In jurisdictions where certain limitations are not allowed, liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless CMA and its employees, officers, affiliates, and partners from any claims, losses, liabilities, damages, or expenses arising from your misuse of the Site, violation of these Terms, or infringement of third-party rights.
Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved exclusively through binding arbitration conducted in Las Vegas, Nevada. Arbitration will occur on an individual basis only.
No Class Actions
You agree that disputes must be brought solely in your individual capacity and not as part of a class action, collective action, or representative proceeding.
Waiver of Jury Trial
You and CMA waive any right to a jury trial for any dispute related to these Terms.
Opt-Out of Arbitration
If you do not wish to be bound by the arbitration and class-action waiver provisions, you must send written notice to CMA within 30 days of your first use of the Site.
Governing Law and Venue
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-law principles. Except where arbitration applies, all disputes must be brought in the courts located in Las Vegas, Nevada.
Changes to These Terms
CMA may update these Terms at any time. Updated Terms will be posted on the Site, and continued use constitutes acceptance.
Contact Us
If you have questions about these Terms, please contact us at:
California Marketing Associates (“CMA”)
World Market Center
Building C Showroom 691
455 S Grand Central Pkwy
Las Vegas, NV 89106
Email: sales@cmagifts.com