Last Updated May 21, 2018

Terms of Use

These terms of use (the "Terms") are a binding agreement between you, a user ("you") and Caliber UX, Inc., dba CaliberMind (“Caliber”, "us" or "we") governing your use of the Caliber website at https://www.calibermind.com/ (the “Service”). 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.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  If you do not agree with all of the provisions of these Terms, do not access and/or use the Service. These terms include an obligation to submit all claims to arbitration, and you are waiving your right to a jury trial. These Terms apply to all visitors, members, and others who access the Service (“you”). Caliber reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

If you are viewing our Service to sign up as a customer  (“Customer”), on sign-up or account creation you will be requested to enter into an agreement with Caliber (“Agreement”).  That Agreement may contain additional privacy disclosures and obligations. If there is any conflict or inconsistency between the Agreement and these Terms, the Agreement prevails.

GENERAL

You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any users previously removed from the Service by Company.

We reserve the right to decline services to you for any reason without explanation. You agree to provide accurate, current and complete information as prompted by any registration forms on the Service.

LICENSE AND RESTRICTIONS

The Service is licensed, not sold, to you for use only under the terms of the Terms. Subject to your complete and ongoing compliance with the terms and conditions of the Terms, Caliber hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own personal use. Caliber and its licensors retains sole and exclusive ownership of all rights, title and interests in the Service, the website, and all content, information, images, videos, and other information or materials available through the Service, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. You acknowledge and agree that Caliber will have no obligation to provide you with any support or maintenance in connection with the Service.

You may not modify, alter, reproduce, or distribute the Service or any content therein. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms. Prohibited actions include, but are not limited to: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Caliber servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Caliber grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (m) posting content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (n) posting content that harasses or advocates harassment of another person; (o) exploits people in a sexual or violent manner; (p) violating the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; (q) covering or obscuring the banner advertisements on any page on the Service via HTML/CSS or any other means; (r) using the Service in a manner inconsistent with any and all applicable laws and regulations; (s) using the Service to create a competing service.

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service.

The Service contains content, such video or audio works, clips, photos, designs, questionnaires, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement (collectively, the “Caliber Content”). The Caliber Content is the property of Caliber and third parties and is protected by copyright under both United States and foreign laws. The Caliber Content is made available to you only for your personal use on the Service as expressly permitted under these Terms. All copying, distribution or other use of the Caliber Content is prohibited without the prior written consent of Caliber. You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the Caliber Content.Caliber is the owner of the Caliber trademark, tradename and/or service marks (the “Trademark”). Nothing in these Terms or on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without Caliber’s prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Caliber in writing. All goodwill generated from the use of the Trademark inures to Caliber’s benefit.

Elements of the Service are protected by copyright, trade dress, trademark, unfair competition, and other state or Federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Caliber Content may be retransmitted without our express written consent in each and every instance.

We have provided our contact information and email links on the Service because we would like to hear from you. However, we do not want you to, and you should not, send Caliber any documents or other materials that contain confidential or proprietary information. You agree that any documents or other materials that you send Caliber become our physical property and we can use them in our discretion.

FEES

There are no fees required to view the website, although other Caliber services may require registration and the payment of fees.

PROCESSING OF PERSONAL DATA

Any information that you provide to Caliber through the Service is subject to Caliber’s Privacy Policy which can be found atwww.calibermind.com/privacyand is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

NO WARRANTY/ LIMITATION OF LIABILITY

The Service and any related content or information is provided on an "as is" and "as available" basis without any warranties of any kind. Caliber makes no, and hereby disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose. Caliber reserves the right to change functionality and content offered under the Service on an ongoing basis.In no event shall Caliber be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Service and the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. The liability of Caliber arising from any error or other circumstance that may give rise to liability in relation to the Service shall – except for instances of gross negligence and willful misconduct - be limited to Fifty US dollars ($50).Caliber does not warrant that the Service will operate error-free or that the Service, its server, or the Content are free of computer viruses or similar contamination or destructive features. Updates to the Service may take place on a regular basis. Caliber reserves the right to add or remove features, content, or support for specific devices.

INDEMNIFICATION

You agree to defend, indemnify, and hold Caliber harmless from and against any claims, losses, expenses, damages, fines, fees, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from (a) your breach or alleged breach of these Terms; (b) your access to, use or misuse of the Caliber Content or the Service; or (c) your violation of any law or the rights of a third party. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms and your access to all or any part of the Service or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.

LAW AND DISPUTE RESOLUTION

These Terms is governed by the laws of the State of Colorado, without respect to its conflict of laws provisions that would require the application of the laws of a different jurisdiction. If you believe that Caliber has not adhered to these Terms, please contact Caliber by e-mail at admin@calibermind.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Caliber are unable to reach a resolution to the dispute, you and Caliber will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other.YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Caliber agree that any arbitration will be limited to the dispute between Caliber and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CALIBER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.Further, unless both you and Caliber otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. You may also have the right to lodge a complaint with your respective supervisory authority or data protection regulator.

AMENDMENT OF THE TERMS AND CONDITIONS

Caliber may upon reasonable notice amend the terms and conditions of the present Terms or introduce new provisions, terms or conditions governing the use of the Service. If we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Service.  Any material changes to these Terms will be effective following our posting of notice of the changes on our site. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address. In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us promptly at the contact information set forth below.  Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

EXTERNAL WEBSITES

The Service may contain links to third-party websites, some of which may be displayed as a link within our own website (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked or framed External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked or framed External Websites, you do so at your own risk.

MISCELLANEOUS

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Caliber. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The terms and conditions set forth in these Terms shall be binding upon assignees. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision of these Terms. No waiver shall be effective against Caliber unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

CONTACT INFORMATION

Caliber UX, Inc. dba CaliberMind
2000 Central Ave.
Boulder, CO 80301
admin@calibermind.com