Terms of Service
Date of Last Revision: Oct 4, 2011
Welcome to TheBlu!
Wemo Media, Inc. ("Wemo Media", "we", "us", or "our") provides this website located at theBlu.com (the "Site") and all Site-related services and products, including the multi-user online app titled "TheBlu" and its related services, (collectively, such services, including any new features and applications, and the Site, the "Service"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). BY ACCESSING OR USING THE SITE, ESTABLISHING A USER ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to abide by these Terms of Service, do not use the Service.
Modification and Additional Terms
Modification: We may change or modify portions of these Terms of Service, including changing any fees or charges, if any, related to your use of the Service; and/or changing the equipment, hardware or software required to use and access the Service, at any time in our sole discretion, and if we make any substantial changes, we will notify you by sending an email to the last email address you provided to us and/or by posting notice of the change on the Service. Any material changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on the Service. These changes will be effective immediately for new users of the Service. We may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Service is permitted. Otherwise, your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. Please regularly check the Site to view the then-current Terms of Service.
Additional Terms: Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features ("Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service. If there is any conflict between these Terms of Service and the Additional Terms, the Additional Terms take precedence in relation to the particular feature of the Service.
Access and Use of the Service
- Your Registration Obligations; Your Account: In order to access and use the Service, you must register and sign up for an account with Wemo Media. By establishing an account, you represent and warrant that all information you provide is current, complete, and accurate and that you are 18 years of age or over. Additionally, if you are under 18, you represent that your legal guardian has reviewed and agrees to these Terms of Service. You agree to update all registration data to keep it true, accurate, current, and complete.
- Member Account, Username, Password and Security: You are responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username. You agree to notify Wemo Media as soon as possible of any unauthorized use of your password, username or account or any other breach of security. Wemo Media will not be liable for any loss or damage arising from your failure to comply with this Section, unauthorized use of, or access to, your account or if your account (or the information contained therein) is otherwise deleted.
- You agree not to create a username that: (i) impersonates someone else, including another user, (ii) is illegal or is protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, and/or (iv) is otherwise inappropriate. You agree that we reserve the right to refuse, change, or delete any username at any time and for any reason.
- Modifications to Service: Wemo Media may, in our discretion, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including: any all information, data, text, software, files, music, sound, photographs, graphics, video, messages and other content ("Content") on or feature of the Service or the hours that the Service is available. You agree that Wemo Media will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof.
Conditions of Use
User Conduct: While using the Service, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. You are solely responsible for Content that you upload, post, publish or display (hereinafter, "post") on or through the Service or transmit to or share with any other user via the Service ("User Content"). Wemo Media reserves the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this provision. You agree that Wemo Media may (but has no obligation to), in Wemo Media's sole discretion, remove or modify the offending Content and suspend or terminate the account of such violators.
Unwelcome Content: You represent and warrant that any User content shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic, invasive of another's privacy, threatening, abusive, harassing, tortious, excessively violent, hateful, or racially, ethnically or otherwise objectionable; (d) contain any spyware, adware, viruses, worms or other malicious computer programming codes able to damage the Service or any data of the Service; (e) violate any law, regulation, or contractual obligation; (f) expose Wemo Media or its users to any harm or liability of any type; or (g) otherwise violate the rights of a third party.
General Conduct: You agree not to:
- use the Service to (i) stalk and/or harass another; (ii) harm minors in any way; (iii) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or (iv) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law.
Commercial Use and Unauthorized Access: You agree not to:
- use the Service to advertise or offer to sell or buy any goods or services for any business purpose unless specifically allowed to do so in writing by Wemo Media;
- exploit the Service for any commercial purpose, including the provision of services intended to modify the TheBlu experience;
- "frame" or "mirror" any part of the Service without our prior written authorization;
- access or use the Service in any manner that could damage, disable, overburden or impair any Wemo Media server or the networks connected to any Wemo Media server or restrict or inhibit any other user from using or enjoying the Service
- disobey any procedures, policies or regulations of networks connected to the Service.
Privacy Rights: You agree not to:
- disclose any other person's personally identifiable information on or through the Service, or web sites or forums related to the Service; or
- attempt to obtain a password or other private account information from any other person;
- harvest or collect email addresses or other contact information of or about other users from the Service;
- forge headers or otherwise manipulate identifiers to disguise the origin of any User Content posted on or transmitted through the Service;
- use the Service to mislead a third party into believing that he or she is interacting directly with Wemo Media or the Service; or
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with Wemo Media or any other person or entity.
Cheating and Hacks: You agree not to:
- modify the Service including creating cheats and/or hacks or using third-party software to access files in the Service or modify the TheBlu experience;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
- exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
Special Notice for International Use; Export Controls: Wemo Media controls and operates this Service from its location in the United States and is subject to the U.S. Export Administration laws and regulations. Wemo Media makes no representation that the Service is appropriate or available for use at other locations. If you use the Service from outside the U.S., you are solely responsible for compliance with all applicable laws, including export and import regulations of other countries.
Credits; Virtual Items
Credits: In connection with the Service, you may purchase credits ("Credits") for "real world" money if you are a legal adult in your country of residence. Credits may be used to purchase virtual, in-game digital items or access to additional features of the Service that we may make available from time to time (collectively, "Virtual Items"). In order to purchase Credits, you may use a credit or debit card, PayPal, or other similar accounts (each referred to herein as "Payment Account"). By providing us, or a payment service designated by us (e.g., PayPal), with your billing information and other information necessary to complete the transaction (e.g., your billing and shipping address, credit card expiration date, etc.)("Account Information") for your Payment Account, you hereby authorize us to charge your Payment Account the applicable amounts for any Credits you choose to purchase. You represent and warrant that all Account Information that you provide to us or our designated third-party payment service will be accurate, current and complete; you are the authorized user of the Payment Account that is used to pay such charges; and you will make any payments due without setoff. You are responsible for all charges incurred, including applicable taxes and bank-related fees, and all purchases made by you or anyone that uses your Payment Account.
Credits are not Real Money: Credits are not real currency and have no value independent of the Service. When you acquire a Credit, Wemo Media grants you a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Credit, as applicable, as a virtual token to be redeemed for a limited right to use a Virtual Item (as governed under these Terms of Service). All Virtual Items and Credits are forfeited if (a) your account is terminated or suspended for any reason, in Wemo Media's sole and absolute discretion; (b) Wemo Media determines that fraud or other illegal conduct is associated with your account; or (c) Wemo Media discontinues the use of Credits or providing the Service. You agree that Wemo Media has the absolute right to manage, regulate, control, modify and/or eliminate such Credits and/or Virtual Items as it sees fit in its sole discretion, and Wemo Media shall have no liability to you or anyone for the exercise of such rights.
Virtual Items: Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items or Credits in the Service, you have no right or title in or to any such Virtual Items or Credits appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. All use of the Virtual Items is for your personal, non-commercial use only. We have no liability for "hacking" or other loss of your Virtual Items from your account. We reserve the right to limit the order quantity on any Virtual Item and/or to refuse or cancel any orders for Virtual Items in our sole discretion. The existence of a particular Virtual Item available for redemption with Credits is not a commitment by us to maintain or continue to make the particular Virtual Item available in the future. Wemo Media may revise, discontinue, or modify Virtual Items at any time without notification to you. Wemo Media shall have no liability of any kind if a product or service that you have ordered is unavailable. Transfers of Virtual Items and Credits are strictly prohibited except where explicitly authorized within the Service. Outside of the Service, you may not buy or sell any Credits or Virtual Items for "real world" money or otherwise exchange Credits or Virtual Items for anything of value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Service and possible legal action.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service contains or comprises copyrighted and/or proprietary subject matter that is owned by Wemo Media and/or its licensors and supplier. Except as expressly authorized by Wemo Media in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, create derivative works of, or in any way exploit the Service or any Content therein (other than your User Content), in whole or in part. The Service is intended solely for entertainment purposes and for your personal use. Any use of the Service other than as specifically authorized herein is not allowed. Any rights not expressly granted herein are reserved by Wemo Media.
Trademarks: WEMO MEDIA and THEBLU and other related graphics, logos, service marks, and trade names used on the Service (collectively the "Wemo Media Trademarks") are the trademarks of Wemo Media and may not be used without Wemo Media's express written permission. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Wemo Media Trademarks. All goodwill generated from the use of Wemo Media Trademarks will inure to our exclusive benefit. If you would like to use the Wemo Media Trademarks, please contact us.
Third Party Material: The Service may contain Content provided by other users ("Other User Content"). Wemo Media is not responsible for and does not control Other User Content. Wemo Media has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Other User Content. You acknowledge that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. You use all Other User Content and interact with other users at your own risk.
User Content: By uploading, distributing, or otherwise using your User Content with the Service, you grant, and you represent and warrant that you have the right to grant, us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use the User Content, including without limitation promoting and redistributing part or all of the Service (and derivative works of the foregoing) in any media formats and through any media channels now known or hereafter discovered. You also hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction. You are solely responsible to keep and maintain your own copy of all User Content that is provided to the Service and Wemo Media. Wemo Media is not obligated to back up any User Content that is posted on the Service. Wemo Media therefore recommends that you create backup copies of any User Content posted on the Service at your sole cost and expense. You agree and acknowledge that Wemo Media has no obligation to retain the User Content, and may delete such User Content, at any time.
Feedback: In consideration for use of the Service, you hereby irrevocably (and without lapse for any reason) and unconditionally assign to Wemo Media all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you related to the Service, or the Content, including all worldwide Intellectual Property Rights thereto. If, as a matter of law, the foregoing rights cannot be assigned to Wemo Media, you irrevocably and unconditionally waive the enforcement of such rights and all claims and causes of action of any kind against Wemo Media with respect to such rights.
Copyright Complaints: Wemo Media respects the intellectual property of others, and we ask our users to do the same. Wemo Media will process and investigate notices of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. If you believe that a copyrighted work has been copied and posted via the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your name and contact information, such as telephone number or email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for Wemo Media's Copyright Agent for notice of claims of copyright infringement is as follows:
Wemo Media, Inc.
Attn: Copyright Agent
550 Rose Ave
Venice, CA 90291
firstname.lastname@example.org (Subject line: "DMCA Takedown Request")
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Wemo Media will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: Wemo Media reserves the right, at its sole discretion, to limit access to the Service and/or terminate the accounts of any users who infringe any third party intellectual property rights, whether or not there is any repeat infringement.
Third Party Websites
The Service may contain links to third-party websites and resources (each, a "Third Party Website") (a) placed by us as a service to those interested in this information; or (b) posted by other users. You use all such links to Third Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third Party Websites, or websites linking to the Site. You further acknowledge and agree that Wemo Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Website. Any dealings you have with third parties found while using the Service are between you and the third party.
Third Party Services
Wemo Media is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services. As such, Wemo Media is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services. Wemo Media enables these features merely as a convenience and the inclusion of such Third Party Services does not imply an endorsement or recommendation.
Indemnity and Release
You agree to defend, indemnify and hold harmless Wemo Media (and its suppliers) and their respective officers, employees, directors and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties arising out of or relating to: (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms of Service. Wemo Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Wemo Media and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Wemo Media. Wemo Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WEMO MEDIA LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICE (IN WHOLE OR IN PART), VIRTUAL ITEMS, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY WEMO MEDIA. WEMO MEDIA DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SITE OR THE SERVICE SHALL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Certain states and/or jurisdictions do not allow the exclusion of implied warranties, so the exclusions set forth above may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WEMO MEDIA, OR ITS SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, INCLUDING ANY SUCH DAMAGES OR COSTS DUE TO LOSS OF DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE ARISING FROM OR RELATING TO WEMO MEDIA'S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE THE SERVICE OR OTHER PRODUCTS OR SERVICES HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF WEMO MEDIA HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL WEMO MEDIA BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES.
THE MAXIMUM LIABILITY OF WEMO MEDIA ARISING OUT OF OR IN ANY WAY CONNECTED TO THE SITE, THE SERVICE, OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID WEMO MEDIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50). THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE WEMO MEDIA'S LIABILITY. IN NO EVENT SHALL WEMO MEDIA'S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS. Certain states and/or jurisdictions do not allow the limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Wemo Media may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.
You agree that Wemo Media, in its sole discretion, may suspend or terminate your account with or without notice (or any part thereof, including the Content in your account) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Wemo Media believes that you have violated or acted inconsistently with these Terms of Service. Further, you agree that Wemo Media will not be liable to you or any third-party for any termination of your account or access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Wemo Media will have no liability or responsibility with respect thereto. Wemo Media reserves the right, but has no obligation, to become involved with disputes between you and any other user of the Service.
The parties are independent contractors. You may not assign these Terms, in whole or in part, without the prior written consent of Wemo Media. Wemo Media may freely assign these Terms of Service, in whole or in part. If any provision of these Terms of Service is unenforceable, 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. All waivers by Wemo Media will be effective only if in writing. Any waiver or failure by Wemo Media to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Service contains valuable trade secrets and proprietary information of Wemo Media, that any actual or threatened breach of the Section titled "Conditions of Use" of these Terms of Service will constitute immediate, irreparable harm to Wemo Media for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of these Terms of Service are for convenience and are not to be used in interpreting these Terms of Service. "Includes" and "including" are not limiting. These Terms of Service constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. Notices to you may be made via either email or regular mail.
Your personal information may be processed by Wemo Media or its payment processors in the country where it was collected as well as other countries (including the United States of America) where laws regarding processing of personal information may be less stringent than the laws in your country.
Questions? Concerns? Suggestions?
Please contact us as set forth below to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Wemo Media, Inc.
550 Rose Ave
Venice, CA 90291
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.