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Calibrum.com ("we" or "Calibrum.com") is owned and operated by Calibrum Inc. We provide and maintain an Internet Web site (the "Site") for the benefit of users of our services ("you" or "User"). On our Site we provide hosted tools and processes to allow you to create individualized surveys, obtain survey results, and use related services ("Services").
We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. Calibrum is not responsible for your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We recommend that you keep track of your survey results and other data in your own personal records, as we reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is in or has been added to your account(s). If a User account remains inactive for a period of 18 months, we will deactivate the account.
You acknowledge and agree that we may, with or without notice,
modify or terminate the Services and/or the Site. Further, we may modify these
Modifications of the Service may include, without limitation, changes in the
maximum number of survey respondents, number of questions, and number of survey
rounds that may be created, saved or used through the Site.
Calibrum is a pre-purchased service. In order to receive user-responses, you must purchase
an annual license in advance. You must provide our payment provider with valid credit
card information. We will not keep your credit card information.
will provide current, complete, accurate information in the registration section
of the Site. You will further update and keep that information current as
needed. You will provide a password in order to access the Services and your
account. Email login must be a valid email address maintained by you. You are
solely responsible for maintaining the confidentiality of your password and
account information. You will immediately notify us of any unauthorized account
activity, or any unauthorized use of your email list(s) or any other breach of
security you become aware of.
Calibrum.com is a multi-user service. Multiple logins and passwords to the same account are available and permitted.
We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. "Confidential Information may include solely to the extent entered into the Services or Site by you, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
7. ANTI-SPAM POLICY.
Calibrum.com, a leading Web-based application for research and feedback, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient's email box and waste the recipient's time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like Calibrum.com, and Users, like you.
To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam. You acknowledge, warrant and agree that:
8. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, Calibrum EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Calibrum ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
Calibrum IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO
TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE
SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS
OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. Calibrum DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE
REGISTRATION INFORMATION SUPPLIED TO Calibrum NOR THE RESPONSES OR INFORMATION
SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. Calibrum DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF
THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES Calibrum
WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY
SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. Calibrum IS NOT RESPONSIBLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR
OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY
RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS
AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER
INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
Calibrum MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES Calibrum MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Calibrum MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR
BASED UPON THE SERVICE OR THE SITE.
10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER Calibrum NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
11a. PROPRIETARY RIGHTS.
Calibrum owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by Calibrum. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the Service and the Site as authorized herein to create surveys and view survey responses and survey results for your personal use as an end product only, and you must at all times maintain Calibrum's copyright symbol on the product in any form or medium. While your account is active, you will have the right to access your surveys, survey responses, survey results and related survey data, and you assume the entire risk of disclosing such content to third parties. Modification or use of Calibrum's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.
11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.
12. LINKS AND ADVERTISERS.
Calibrum may provide advertising space and/or links and pointers to Internet sites maintained by third parties. Calibrum has not reviewed all of the third -party sites nor reviewed any products or services they may provide. Calibrum is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. Calibrum DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. Calibrum DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.
16. NATURE OF AGREEMENT.
17. GENERAL PROVISIONS.
Calibrum will not use the information collected from your surveys in any way, shape, or form. In addition, any other material you provide (including images, email addresses, etc.) will be held in strict confidence. Calibrum does not collect personal identifiable information with the exception of specific information given on a voluntary basis. Calibrum will make every effort to ensure that any information you provide will be maintained in a secure environment. However, even if you opt out of receiving any communications from Calibrum, we reserve the right to contact you regarding your account status or any other matter that might affect service to you and/or our records about you.
Calibrum reserves the right to perform statistical analyses of user behavior and characteristics. This is done in order to measure interest in and use of the various areas of the website. Calibrum collects IP addresses for system administration and record keeping. Your IP address is automatically assigned to your computer when you use the World Wide Web. Our servers record the incoming IP addresses. The IP addresses are analyzed only in aggregate; no connection is made between you and your computer's IP address. By tracking IP addresses, Calibrum can determine which sites to refer the most people. (Think of an IP address like your zip code; it tells us in general terms where you're from.)
Upon request, Calibrum will allow any user to opt out of our monthly newsletter. In addition, upon your request Calibrum will delete your personal information from our database; however, it may not be possible to delete all of your information without some type of residual data. This happens because of backups and records of deletions. Should you wish to opt out of any mailing from Calibrum, contact technical support from the Contact Us page.
Calibrum is aware of your privacy concerns. We strive to collect only as much data as is required and enhance your experience in the most efficient way possible. Our goal is to satisfy our customers and do so in the most unobtrusive manner achievable.