Terms Of Use
CALDERA + LAB, LLC TERMS OF USE
Last Modified on Jun 22, 2021
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to Caldera + Lab, LLC and the www.calderalab.com website (the “Site”). Your access and use of the Site and the features, products and services provided by Caldera + Lab, LLC (“Caldera + Lab” “we,” “us,” or “our”) through the Site, but excluding any software, products or services provided by Caldera + Lab, under a separate written agreement, (individually and collectively, the “Service”), is subject to the terms and conditions in this Terms of Use (this “ToU”).
You must agree to this ToU in order to use the Site and/or the Service. BY AGREEING TO THESE TERMS (INCLUDING BY A CLICK-THROUGH OR OTHER AGREEMENT), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS TOU AND AGREE TO ALL OF ITS RESPECTIVE TERMS AND CONDITIONS. Also, by agreeing to this ToU (including by a click-through or other agreement), you are waiving, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding. If you use any aspect of the Site and/or the Service, or click to accept or agree to this ToU if presented to you in a user interface on the Site, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using any aspect of the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use any aspect of the Service.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. With limited exceptions, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT and that all disputes between you and Caldera + Lab arising out of or relating to this ToU or any aspect of the Service will be resolved by BINDING ARBITRATION. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please see the section below entitled “Binding Arbitration” for more details regarding your obligation to resolve any disputes in arbitration.
1. ToU Updates.
Caldera + Lab may update this ToU at any time, and Caldera + Lab will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If Caldera + Lab makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you used to register for an account. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications.
2. Provision of the Service.
You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Caldera + Lab may make changes to any aspect of the Service at any time without notifying you in advance.
3. Termination of Service.
Caldera + Lab reserves the right to deny service to any person or entity at Caldera + Lab’s sole and absolute discretion. You acknowledge and agree that Caldera + Lab may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if Caldera + Lab suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If Caldera + Lab disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
4. Accounts and Security.
4.1. Account. You do not need to create an account to visit the Site, but you may create an account to access and utilize certain aspects of the Service by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Caldera + Lab will be correct, accurate and up to date.
4.2. Social Networks and Caldera + Lab. By linking your Caldera + Lab account with any social network account (“Social Network” or collectively, “Social Networks”), you expressly authorize Caldera + Lab to receive, and for Social Networks to share, certain of your information that is available on or through Social Network accounts, including, without limitation, your profile information, friends’ names, your photos, privacy settings, your payment information associated with your account and certain other information that may be disclosed to you (and authorized by you) during the log-in process. Caldera + Lab is made available by Caldera + Lab, LLC and its affiliates. Social Networks are made available by their respective corporate entities.
4.3. Fees. You agree to pay immediately all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Caldera + Lab may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this ToU or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees or the Services, Caldera + Lab shall have the right to terminate your account without prior notice. For the avoidance of doubt, if you purchase a monthly (or other periodic) membership, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Caldera + Lab after the expiration date of your payment card. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
4.4. Orders. Your placement of an order made through the Service for Caldera + Lab products (each, an “Order”) is an offer to purchase the products ordered, and we may accept your Order by processing your payment and shipping the products. Your receipt of an Order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Caldera + Lab until the products have been shipped. If some of the products in your Order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Your Order will be deemed accepted by Caldera + Lab upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any Order. All products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the products passes to you when Caldera + Lab provides the products to a common carrier. Any estimated shipping date provided by Caldera + Lab is based on product availability and payment processing time and does not include transit time. We make efforts to display our products and their colors as accurately as possible but cannot guarantee they will be portrayed accurately on your screen. Products displayed may be out of stock or discontinued, and prices are subject to change at Caldera + Lab’s sole discretion.
4.5. Payments. You authorize Caldera + Lab to charge all sums for Orders that you make to the payment method designated in your account. When you order through the Site, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the Order total quoted at checkout. However, you will only be charged the final Order total once your Order is registered as complete within the Caldera + Lab system. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period (e.g., monthly or annually, as specified when you purchase such Subscription) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each period on or about the applicable anniversary of the calendar day of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we (or our third party payment processor) deem appropriate (for example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on or about that date). By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Caldera + Lab. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.
4.6. Returns and Refunds. Caldera + Lab aims to be as accurate as possible, however, we do not warrant that product descriptions, photographs, videos or other product related content as displayed on the Site or Service are wholly accurate, complete, reliable, current, or error-free. If a product offered by Caldera + Lab is not as described, your only remedy is to return it for a refund 60 days from the date of purchase. If you make a purchase through the Site or Service, you can initiate a return with respect to an Order once the Order has been marked as shipped. The refund will be for the full value paid for the returned items, unless otherwise noted. Shipping fees may be refunded at the discretion of Caldera + Lab. We may charge a restocking fee with respect to returned items. The amount of the restocking fee, if any, will be provided to you by Caldera + Lab upon request and may be displayed on the final checkout screen when you complete your Order or noted on the packing list included with your Order. As soon as we receive and process your return, we will notify you via email. Your credit card will be credited for the return within the timeframe specified by your financial institution. The return credit should be reflected on your statement within one to two billing periods, depending on your financial institution's billing cycle. This refund policy applies to product sales only and does not apply to Subscriptions.
4.7. Subscription Cancellation. If you purchased a Subscription through your account, you may cancel your Subscription at any time by disabling the auto-renewal settings in your account settings. Your subscription will then terminate at the end of your current Subscription period. HOWEVER, ANY TRANSACTION YOU INITIATE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
4.8. Additional Information. Caldera + Lab reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
4.9. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password and for all activities that are conducted via your account. You agree to notify Caldera + Lab immediately if you become aware of any unauthorized use of your password or of your account. To better understand how we maintain the security of your personal information, please refer to our Privacy Policy.
4.10. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
4.11. Cancellation by You. You have the right to cancel your subscription or your account at any time. You may cancel your account by contacting us via (800) 983-6409, through the website, or email at help@calderalab.com. If you cancel a subscription, you may use your subscription until the end of your then-current subscription term.
4.12. Termination by Caldera + Lab. Caldera + Lab may at any time terminate your account if:
a. Caldera + Lab determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Caldera + Lab;
b. Caldera + Lab determines it is required by law to terminate your account; or
c. Caldera + Lab decides to stop providing the Service or critical portions of the Service.
4.13. Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may reactivate that account at any time by logging in to the Service through the Site and reactivating the account and if, applicable, paying any outstanding Subscription Fee owed under the account. Accounts terminated by Caldera + Lab for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
5. Restrictions and Conditions of Use.
5.1. Use of the Service. Subject to the terms and conditions of this ToU, Caldera + Lab hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely in accordance with this ToU and any rules, restrictions or documentation set forth by Caldera + Lab from time to time. Caldera + Lab reserves all rights not expressly granted to you. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. Caldera + Lab reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
5.2. Updates. You acknowledge and agree that Caldera + Lab may update the Service from time to time with or without notifying you, and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Caldera + Lab has no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and Caldera + Lab may terminate your access to the Service or stop offering the Service at any time.
5.3. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
5.4. No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.5. Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
a. Without limiting the generality of the foregoing, you agree that you will not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Caldera + Lab; or (iv) make any false, misleading or deceptive statement or representation regarding Caldera + Lab or the Service. You are responsible for your product reviews and once published you assume all risks associated with your reviews, including anyone’s reliance on its quality, accuracy, or reliability or any disclosure by you of information that makes you personally identifiable. We reserve the right to remove, screen, edit or reinstate product reviews from time to time at our sole discretion for any reason or no reason, without notice to you.
b. Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Caldera + Lab; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
c. Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Caldera + Lab in its sole discretion.
5.6. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
5.7. Violation of this ToU. You acknowledge and agree that you are solely responsible, and Caldera + Lab has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. Caldera + Lab may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 5 or any other terms of this ToU.
6. Links.
6.1. Links from the Service. The Service may contain links to websites operated by independent third parties. Caldera + Lab provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Caldera + Lab and Caldera + Lab is not responsible for the content available on the other websites or services. Such links do not imply Caldera + Lab’s endorsement of information or material on any other website and Caldera + Lab disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
6.2. Links to the Service. Unless otherwise set forth in a written agreement between you and Caldera + Lab’s, you must adhere to Caldera + Lab’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Service may not be such as to damage or dilute the goodwill associated with Caldera + Lab’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Caldera + Lab; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. Caldera + Lab’s reserves the right to revoke its consent to the link at any time and in its sole discretion.
7. Intellectual Property.
7.1. Trademarks. The Caldera + Lab’s name and logo are trademarks and service marks of Caldera + Lab. Unless permitted in a separate written agreement with Caldera + Lab, you do not have the right to use any of Caldera + Lab’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
7.2. Ownership. You acknowledge and agree that Caldera + Lab, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Caldera + Lab has designated as confidential and you agree not to disclose such information without Caldera + Lab’s prior written consent.
7.3. Feedback. You may choose to, or Caldera + Lab may invite you to, submit comments, bug reports, ideas or other feedback about the Site and/or the Service (“Feedback”) to legal@calderalab.com. By submitting Feedback, you agree that Caldera + Lab is free to use such Feedback at its discretion without any obligation to you. Caldera + Lab may also choose to disclose Feedback to third parties. You hereby grant Caldera + Lab a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
7.4. Copyright Agent. Caldera + Lab respects the intellectual property rights of others, and requires that people who use the Service do the same. Caldera + Lab maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
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Your address, telephone number, and email address;
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A description of the copyrighted work that you claim has been infringed;
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A description of where the alleged infringing material is located;
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A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent
Caldera + Lab, LLC
3465 N Pines Way, Ste 104, #196
Caldera + Lab, LLC
3465 N Pines Way, Ste 104, #196
Wilson, WY 83014
Tel: (307) 201-4762
Email: legal@calderalab.com
Email: legal@calderalab.com
8. Privacy Policy.
By accepting this ToU or using any aspect of the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Caldera + Lab may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. By using the Service, you agree to the then-current versions of the ToU and Privacy Policy, which will be posted on the Site.
9. Location.
The Service is operated by Caldera + Lab in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
10. Submitted Content
10.1. Content of Communications. Caldera + Lab is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service or any materials submitted or made available through the Service via any hosting, file-sharing, publishing or any other function which allows a user to post, upload, edit, host, publish or share content (“Submitted Content”). By using the Service, you agree that any Submitted Content may be viewable by other users of the Service. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. Caldera + Lab may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this ToU. Further, Caldera + Lab may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of this ToU.
10.2. Caldera + Lab does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Caldera + Lab a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Caldera + Lab’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that Caldera + Lab may still have access to such Submitted Content and that the above license granted by you to Caldera + Lab will remain in effect despite your removal of the Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 12.2.
10.3. You acknowledge and agree that: (a) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and Caldera + Lab has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (c) Caldera + Lab does not guarantee any confidentiality with respect to your Submitted Content; and (d) Caldera + Lab is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) Caldera + Lab has no control over and is not responsible for the use of Submitted Content by its users, including any user that has uploaded Submitted Content to a personal device; and (ii) Caldera + Lab may not be able to remove Submitted Content that is uploaded onto a user’s device. Caldera + Lab does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
10.4. You acknowledge that Caldera + Lab has the right to pre-screen your Submitted Content, but has no obligation to do so. At Caldera + Lab’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Caldera + Lab and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates this TOU or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
10.5. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Caldera + Lab be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
11. Advertisers.
11.1. Each party providing an advertisement or sponsored posting on the Site (“Advertiser represents and warrants that (a) it has full power and authority to enter into transactions and market, advertise, distribute, promote, reproduce, offer for sale and sell the properties and to use all marks, names and designs used in connection with the foregoing; and (b) the property information, documentation and specifications that the Advertiser has provided to Caldera + Lab is accurate, true, correct, complete and not misleading.
11.2. Caldera + Lab shall not be responsible for monitoring whether the advertisements or sponsored postings by Advertisers are accurate and does not guarantee that such advertisements or promotions are being honored.
12. Children.
The Service is not directed toward children under 13 years of age, and Caldera + Lab does not knowingly collect information from children under the age of 13 or allow them to create an account or access account features. If you are under the age of 13, please do not submit any personal information about yourself to Caldera + Lab.
13. DISCLAIMER OF WARRANTIES
13.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALDERA + LAB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
13.3. CALDERA + LAB MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE.
13.4. CALDERA + LAB DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALDERA + LAB AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
a. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF CALDERA + LAB OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
14.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF CALDERA + LAB OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Caldera + Lab and the Related Parties shall be limited to the fullest extent permitted by law.
15. Indemnification.
You agree to defend, indemnify and hold Caldera + Lab and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service or (b) your breach of this ToU or any other policies that Caldera + Lab may issue for the Service from time to time.
16. Governing Law; Jurisdiction.
This ToU is governed by Wyoming law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Caldera + Lab agree that, except as otherwise provided in Section 17 below, the state and federal courts located in Teton County, Wyoming will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Caldera + Lab shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
17. Binding Arbitration.
17.1. Arbitration Procedures. You and Caldera + Lab agree that, except as provided in Section 17.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 17 and the JAMS Rules, the terms in this Section 17 will control and prevail.
Except as otherwise set forth in Section 17.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Caldera + Lab will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and Caldera + Lab may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
17.2. Location. The arbitration will take place in Denver, Colorado, unless the parties agree to video, phone or internet connection appearances.
17.3. Limitations. You and Caldera + Lab agree that any arbitration shall be limited to the Claim between Caldera + Lab and you individually. YOU AND CALDERA + LAB AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
17.4. Exceptions to Arbitration. You and Caldera + Lab agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Caldera + Lab’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
17.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
17.6. Severability. You and Caldera + Lab agree that if any portion of this Section 17 is found illegal or unenforceable (except any portion of Section 17.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 17.4 is found to be illegal or unenforceable then neither you nor Caldera + Lab will elect to arbitrate any Claim falling within that portion of Section 17.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Denver, Colorado, United States of America, and you and Caldera + Lab agree to submit to the personal jurisdiction of that court.
17.7. Survival. This Section 16 shall survive any termination of your relationship with Caldera + Lab.
18. General.
18.1. ToU Revisions. This ToU may only be revised in a writing signed by Caldera + Lab or published by Caldera + Lab on the Site.
18.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Caldera + Lab as a result of this ToU or your use of the Service.
18.3. Assignment. Caldera + Lab may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without Caldera + Lab prior written consent, and any attempted unauthorized assignment by you shall be null and void.
18.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
18.5. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in Section 17.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
18.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Caldera + Lab of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
18.7. Notices. All notices given by you or required under this ToU shall be in writing and sent to help@calderalab.com.
18.8. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by applicable Export Controls.
18.9. Equitable Remedies. You acknowledge and agree that Caldera + Lab would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
18.10. Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and Caldera + Lab with respect to the Service and supersedes any and all prior agreements between you and Caldera + Lab relating to the Service.
19. Mobile Message Service.
The Caldera + Lab mobile message service (the "Service") is operated by Caldera + Lab, LLC (“Caldera + Lab”, “we”, or “us”). We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not requiredas a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Caldera + Lab via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (844) 946-3129 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Caldera + Lab mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 946-3129 or email help@calderalab.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.