Calorify Terms of Service
Last Updated: January 2023
Welcome to Calorify. Please read these Terms of Service (the “Terms”) and our Privacy Policy (as may be updated from time-to-time, the “Privacy Policy”) carefully. They govern your use of the website located at https://www.calorify.com (the “Site”), the sale of and use of at-home testing kits (the “Testing Services”), and Calorify’s general wellness services, in each case, accessible via the Site offered by Calorify, Inc. (or “Calorify, “we”, “our” and “us”, as applicable). To make these Terms easier to read, the Site and Testing Services are collectively called the “Services”.
We want to be upfront about three important things: First, Calorify’s Services are for informational purposes only and should not be interpreted as medical advice. Second, by using our services you are agreeing to arbitrate almost all disputes rather than have them heard in a court of law or by a jury. Third, you are agreeing not to participate in a class action lawsuit against us.
CALORIFY’S SERVICES ARE FOR RESEARCH, INFORMATIONAL, AND EDUCATIONAL USE ONLY. WE DO NOT PROVIDE MEDICAL SERVICES OR ADVICE. THE INFORMATION, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL CONTAINED ON THIS WEBSITE AND PROVIDED THROUGH CALORIFY'S SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO MATERIAL ON THE SITE OR PROVIDED THROUGH CALORIFY'S SERVICES ARE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND YOUR USE OF CALORIFY’S SERVICES DOES NOT CREATE ANY PROVIDER-PATIENT RELATIONSHIP. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH AND BEFORE UNDERTAKING A NEW REGIMEN, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE OR THROUGH CALORIFY'S SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
CERTAIN CONTENT PROVIDED ON THIS WEBSITE INCLUDE LINKS TO THIRD PARTY WEBSITES (“THIRD-PARTY WEBSITES”). WE HAVE NO CONTROL OVER THE CONTENT OR PERFORMANCE OF THIRD-PARTY WEBSITES, AND CALORIFY DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION OR MATERIAL AVAILABLE THROUGH THIRD-PARTY WEBSITES. CALORIFY DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM RESULTING FROM YOUR USE OF OR RELIANCE ON, ANY CONTENT, ADVERTISEMENTS OR OTHER RESOURCES AVAILABLE ON ANY THIRD-PARTY WEBSITES, REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENT OR OTHER RESOURCES.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CALORIFY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Policy.
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
We believe everyone should be able to access data about their body. However, the Services we offer have certain restrictions and requirements.
You may use the Services only if you are at least 18 years old and capable of forming a binding contract with Calorify, and not otherwise barred from using the Services under applicable law. You are the person whose name and other information have been provided for the customer account that you have or are creating. You agree that all samples that are sent to the lab using our test kit shall only be samples from you, or from a minor for whom you are a parent, legal guardian, or legally authorized representative. By using our Services, you give permission to Calorify to analyze your submitted sample(s). You understand that your sample, once submitted to and analyzed by us, is processed in a way that cannot be reversed and returned to you. You also understand that our laboratory may not be able to process your sample, and that the laboratory process may result in errors. Any information derived from your sample will remain your information, subject to the terms of this Agreement.
5. Feedback.
We’d love to hear your feedback, good or bad. It helps us improve! But if you give us feedback, we need to be free to use it how we want and without paying you.
We welcome feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Payment.
Our services will be charged on either a one-time payment or a subscription basis. The subscription will automatically renew, but we will always send a reminder before the renewal.
We require payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use.
(a) General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. You will have the option to choose your Subscription term, and your Subscription will automatically renew at the end of each Subscription term unless you cancel your Subscription as set forth below in Section 6(c). If you purchase a Subscription, you will be charged a recurring Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each Subscription period thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE CALORIFY TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each Subscription period on the same day as the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than thirty (30) days and no more than forty-five (45) days before your Subscription term ends, or otherwise in accordance with applicable law, Calorify will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms 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 Calorify. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. Subscription term and Subscription Fees are subject to change by Calorify, however your Subscription (and the associated Subscription Fee) will be honored throughout the end of its Subscription term.
7. Ownership of the Services.
Our Services including our testing kit is owned by us. Our Services may let you submit and store certain content that you own. You retain your ownership of this content, to which we take a license.
(a) User Content. Our Services may allow you to submit, store, or share information, data, or content such as text (in posts or communications with Providers or others), files, assessments, self-report measures and information, demographic information, surveys, lab/biological samples, laboratory results, wearable data, prescriptions and pharmaceutical documents, medical records, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Calorify does not claim any ownership rights in any User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Calorify a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving and providing the Services, subject to the Privacy Policy. You authorize us to access and use your health information and lab/biological samples by our testing laboratories in connection with operating, improving and providing the Services.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Calorify on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand that in the provision and processing of your User Content, you acquire no rights in any research or commercial products that may be developed by Calorify or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your User Content.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Calorify’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. Calorify and our affiliates and licensors own all title, ownership and intellectual property rights in the Services.
8. General Prohibitions and Calorify’s Enforcement Rights.
Violating any of the following rules may be a reason for terminating your right to use or access our Services. Please read these rules carefully to be in the clear.
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Calorify’s name, any Calorify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Calorify’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Calorify’s computer systems, or the technical delivery systems of Calorify’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Calorify system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Calorify or any of Calorify’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Calorify or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Calorify trademark, logo URL or product name without Calorify’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Stalk or harass any Calorify employee either through or outside your use of the Services;
(p) Report false or fictitious emergencies, whether relating to yourself or others;
(q) Violate any applicable law or regulation; or
(r) Encourage or enable any other individual to do any of the foregoing.
Calorify is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. DMCA/Copyright Policy.
Calorify respects copyright law and expects its users to do the same. It is Calorify’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
10. Third Party Websites, Resources or Partners.
We may use third party testing partners and/or allow you to access outside links for your convenience, but we can’t guarantee them.
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources. Additionally, Calorify may partner with third parties to facilitate the Testing Services (“Testing Services Partners”), and you acknowledge and agree to be governed by such third parties’ terms, as applicable, and to receive Testing Services in whole or in part from Testing Services Partners or their partners.
11. Termination.
We reserve the right to terminate this Agreement as we see fit.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@calorify.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(a), 6(b), 6(c) (only for payments due and owing to Calorify prior to the termination), 7(b), 7(c), 7(e), 9, 12, 13, 14, 15, 16, 17 and 18.
12. Warranty Disclaimers.
We don’t make any guarantees about the Services.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty that the laboratory will be able to process your sample or that the testing results will not result in errors. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content, including the laboratory testing results obtained by you while accessing or using the Services. No advice or information, whether oral or written, obtained by you from Calorify or through or from the Services shall create any warranty not expressly stated in the Terms.
13. Indemnity.
If someone sues us based on your breach of this Agreement or your access/use of the Services, you agree to defend us or pay for our defense in that lawsuit.
You will indemnify and hold Calorify and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity, and confidentiality, or (d) your violation of these Terms.
14. Limitation of Liability.
This section limits what you can recover from us in a dispute.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CALORIFY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALORIFY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CALORIFY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO CALORIFY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CALORIFY, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CALORIFY AND YOU.
15. Governing Law and Forum Choice.
You are agreeing to the laws of California. Any court cases will be handled in the Northern District of California.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Calorify are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Calorify each waive any objection to jurisdiction and venue in such courts.
16. Dispute Resolution.
If there is a dispute between us, with limited exceptions, we agree we’ll resolve it through arbitration (in your home area) instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Calorify agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Calorify are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Disputes that can be resolved in small claims court or relate to the infringement of our intellectual property do not have to be arbitrated.
(b) Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
You agree not to participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.
(f) Class Action Waiver. YOU AND CALORIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17. General Terms.
This Agreement is our whole agreement (no outside promises). If parts of this Agreement don’t apply, the rest remains as much as possible. If we don’t enforce part of this Agreement, it doesn’t mean we won’t in the future or we won’t enforce our other rights. You cannot transfer or assign this Agreement to anyone else. Also, we may provide notice via email or by posting to the Services.
(a) Reservation of Rights. Calorify and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Calorify and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Calorify and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Calorify’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Calorify may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Calorify under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Calorify’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Calorify. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information.
If you have any questions about these Terms or the Services, please contact us at:
Calorify, Inc.
100 Enterprise Way, Suite B104
Scotts Valley, CA 95066
(669) 266-2876