Terms of Service
Last updated: January 1, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Caliper Core Corporation ("Company," "we," "us," "our").
We operate the website calipercore.com (the "Site"), the mobile application Caliper (the "App"), and any related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms are a legally binding agreement between you (whether personally or on behalf of an entity, "you") and Caliper Core Corporation regarding your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agree to be bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.
Any supplemental terms, conditions, or documents posted on the Services are hereby incorporated by reference. We reserve the right, at our sole discretion, to change or modify these Legal Terms at any time. We will alert you to changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each change. It's your responsibility to review these Legal Terms periodically. Your continued use of the Services after revised Legal Terms are posted means you accept the changes.
The Services are for users who are at least 18 years old. Individuals under 18 are not allowed to use or register for the Services.
We recommend printing a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided via the Services isn't intended for distribution or use in any jurisdiction where such distribution or use would violate law or regulation, or subject us to registration requirements within that jurisdiction. If you access the Services from other locations, you do so on your own initiative and are responsible for complying with local laws, if applicable.
The Services are not designed to comply with industry-specific regulations like HIPAA or FISMA. If your activities are subject to such laws, you may not use the Services. You may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We own or license all intellectual property rights in our Services. This includes source code, databases, functionality, software, website designs, audio, video, text, photos, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos ("Marks").
Our Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties worldwide.
The Content and Marks are provided through the Services "AS IS" for your personal, non-commercial, or internal business use only.
Your Use of Our Services
If you comply with these Legal Terms (including the "PROHIBITED ACTIVITIES" section), we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services; and
- Download or print a copy of any Content you have properly accessed,
solely for your personal, non-commercial, or internal business use.
Except as expressly permitted here or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If we grant permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensor and ensure any copyright or proprietary notice is visible.
We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.
Breaching these Intellectual Property Rights is a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Your Submissions and Contributions
Please review this section and "PROHIBITED ACTIVITIES" carefully before using our Services to understand the rights you give us and your obligations when posting content.
Submissions: If you send us questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you assign all intellectual property rights in that Submission to us. We will own the Submission and can use and share it for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.
Contributions: The Services may allow you to chat, contribute to blogs, message boards, forums, etc., where you can create, submit, post, display, transmit, publish, distribute, or broadcast content like text, video, audio, photos, comments, reviews, or personal information ("Contributions"). Publicly posted Submissions are also treated as Contributions.
You understand Contributions may be seen by other users and potentially on third-party websites.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) All registration information you provide is true, accurate, current, and complete. (2) You will keep this information accurate and update it promptly. (3) You have the legal capacity to agree to these Legal Terms. (4) You are not a minor in your jurisdiction. (5) You won't access the Services using automated means (bots, scripts, etc.). (6) You won't use the Services for illegal or unauthorized purposes. (7) Your use of the Services won't violate any applicable laws or regulations.
If you provide untrue, inaccurate, outdated, or incomplete information, we can suspend or terminate your account and refuse all current or future use of the Services.
4. USER REGISTRATION
You might need to register to use the Services. You agree to keep your password confidential and are responsible for all activity on your account. We reserve the right to remove, reclaim, or change a username if we find it inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment: [Note: List accepted payment methods here if known, otherwise leave blank or remove line]
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update account and payment details (email, payment method, card expiration date) so we can complete transactions and contact you. Sales tax will be added where required. Prices may change at any time. All payments must be in US dollars.
You agree to pay all charges at the current prices for your purchases and any shipping fees. You authorize us to charge your chosen payment provider upon placing your order. We reserve the right to correct pricing errors, even after payment is requested or received.
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order at our discretion. This includes orders under the same account, payment method, or billing/shipping address. We reserve the right to limit or prohibit orders that seem to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription continues and renews automatically unless canceled. You authorize us to charge your payment method recurringly without prior approval for each charge, until you cancel. Your billing cycle length depends on the subscription plan chosen.
Cancellation
All purchases are non-refundable. You can cancel your subscription anytime by contacting us. Cancellation takes effect at the end of the current paid term.
Fee Changes
We may change subscription fees occasionally and will notify you of price changes according to applicable law.
7. PROHIBITED ACTIVITIES
You may only access and use the Services for their intended purpose. The Services cannot be used for commercial activities unless specifically endorsed or approved by us.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute, or participate in blogs, forums, etc., allowing you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials ("Contributions"). This includes text, video, audio, photos, graphics, comments, suggestions, or personal information.
9. CONTRIBUTION LICENSE
By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt, distribute, prepare derivative works of, or incorporate into other works such Contributions for any purpose (commercial, advertising, etc.). You also grant and authorize sublicenses of this license. You represent and warrant you have the right to grant this license.
10. GUIDELINES FOR REVIEWS
If we provide areas for reviews or ratings, you must follow these criteria: (1) Have firsthand experience with the person/entity reviewed. (2) Avoid offensive profanity, abusive, racist, hateful language. (3) Avoid discriminatory references (religion, race, gender, origin, age, marital status, sexual orientation, disability). (4) Avoid references to illegal activity. (5) Not be affiliated with competitors if posting negative reviews. (6) Not make conclusions about the legality of conduct. (7) Not post false or misleading statements. (8) Not organize campaigns encouraging reviews (positive or negative).
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via our App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, strictly according to the terms in these Legal Terms.
Apple and Android Devices
The following applies if you use our App from the Apple Store or Google Play (each an "App Distributor"): (1) The license is non-transferable for use on a device using Apple iOS or Android OS, following the App Distributor's terms. (2) We are responsible for App maintenance and support as specified here or by law. The App Distributor has no obligation to provide maintenance/support. (3) If the App fails any warranty, you may notify the App Distributor. They may refund the purchase price (if any) per their policies. To the maximum extent permitted by law, the App Distributor has no other warranty obligation for the App. (4) You represent and warrant you are not in a US-embargoed country or designated "terrorist supporting" country, and not on any US government prohibited/restricted list. (5) You must comply with relevant third-party terms when using the App (e.g., wireless data service agreements). (6) App Distributors are third-party beneficiaries of these mobile app license terms and can enforce them against you.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) Monitor the Services for violations of these Legal Terms. (2) Take legal action against violators (including reporting to law enforcement). (3) Refuse, restrict access to, limit availability of, or disable (if feasible) any of your Contributions. (4) Remove or disable files/content that are excessively large or burdensome to our systems, without notice or liability. (5) Otherwise manage the Services to protect our rights and property and ensure proper functioning.
13. PRIVACY POLICY
We care about data privacy. Please review our Privacy Policy: calipercore.com/privacy. Using the Services means you agree to our Privacy Policy, which is part of these Legal Terms. The Services are hosted in the United States. If you access them from other regions with different data laws, your continued use means you transfer your data to the US and consent to its processing there.
14. TERM AND TERMINATION
These Legal Terms are effective while you use the Services. WE RESERVE THE RIGHT, WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING IP ADDRESSES) TO ANYONE FOR ANY REASON OR NO REASON, INCLUDING BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR VIOLATION OF LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION, OR DELETE YOUR ACCOUNT AND ANY POSTED CONTENT/INFORMATION, AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account, you cannot register a new account under your name, a fake name, or a third party's name. We also reserve the right to take appropriate legal action (civil, criminal, injunctive).
15. MODIFICATIONS AND INTERRUPTIONS
We can change, modify, or remove Service content anytime for any reason at our discretion, without notice. We have no obligation to update information. We are not liable for modifications, price changes, suspensions, or discontinuance of the Services.
We cannot guarantee the Services will always be available. We might experience hardware/software issues or need maintenance, causing interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Services anytime without notice. You agree we have no liability for loss, damage, or inconvenience from your inability to access/use the Services during downtime or discontinuance. We are not obligated to maintain or support the Services or provide corrections, updates, or releases.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by New York State law, applicable to agreements made and performed entirely within New York, without regard to conflict of law principles.
17. DISPUTE RESOLUTION
Any legal action by either party ("Party," collectively "Parties") must be brought in the state and federal courts located in New York, New York. Parties consent to jurisdiction and waive defenses of lack of personal jurisdiction and forum non conveniens regarding venue in these courts.
18. CORRECTIONS
Information on the Services may contain typos, inaccuracies, or omissions (descriptions, pricing, availability, etc.). We reserve the right to correct errors, inaccuracies, or omissions and update information anytime without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED) RELATED TO THE SERVICES AND YOUR USE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR LINKED WEBSITES/APPS. WE ASSUME NO LIABILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT/MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE FROM ACCESSING/USING THE SERVICES; (3) UNAUTHORIZED ACCESS TO/USE OF OUR SECURE SERVERS AND STORED PERSONAL/FINANCIAL INFORMATION; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO/FROM THE SERVICES; (5) BUGS, VIRUSES, TROJAN HORSES, ETC., TRANSMITTED THROUGH THE SERVICES BY THIRD PARTIES; (6) ERRORS OR OMISSIONS IN CONTENT/MATERIALS OR LOSS/DAMAGE FROM USING POSTED/TRANSMITTED CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY PRODUCTS/SERVICES ADVERTISED OR OFFERED THROUGH THE SERVICES OR LINKED WEBSITES/APPS. WE ARE NOT A PARTY TO TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFIT, REVENUE, DATA, OR OTHER DAMAGES) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF THE ACTION'S FORM, WILL ALWAYS BE LIMITED TO THE AMOUNT YOU PAID US (IF ANY) IN THE SIX (6) MONTHS BEFORE THE CAUSE OF ACTION AROSE. SOME US STATE AND INTERNATIONAL LAWS DON'T ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION/LIMITATION OF CERTAIN DAMAGES. IF THESE APPLY TO YOU, SOME OR ALL DISCLAIMERS/LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless (including subsidiaries, affiliates, officers, agents, partners, employees) from any loss, damage, liability, claim, or demand (including reasonable attorneys' fees) made by a third party due to or arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your breach of representations/warranties in these Legal Terms; (5) your violation of third-party rights (including IP rights); or (6) any harmful act towards another user connected via the Services. We reserve the right, at your expense, to assume exclusive defense/control of matters you must indemnify us for, and you agree to cooperate with our defense. We'll use reasonable efforts to notify you of such claims upon becoming aware.
22. USER DATA
We maintain certain data you transmit for managing Service performance and data about your usage. While we perform regular backups, you are solely responsible for data you transmit or related to your activities. You agree we have no liability for loss or corruption of such data and waive any right of action against us arising from it.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, emailing us, and completing online forms are electronic communications. You consent to receive electronic communications. You agree that agreements, notices, disclosures, etc., provided electronically (via email or on the Services) satisfy legal requirements for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive rights under laws requiring original signatures, non-electronic record delivery/retention, or non-electronic payments/credits.
24. CALIFORNIA USERS AND RESIDENTS
If a complaint isn't resolved satisfactorily, contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any posted policies/rules constitute the entire agreement between you and us. Our failure to enforce any right/provision isn't a waiver. These Terms operate to the fullest extent permissible by law. We may assign our rights/obligations anytime. We aren't liable for loss, damage, delay, or failure to act beyond our reasonable control. If any provision (or part) is unlawful, void, or unenforceable, it's severable and doesn't affect remaining provisions' validity/enforceability. No joint venture, partnership, employment, or agency relationship exists between you and us due to these Terms or Service use. These Terms won't be construed against us because we drafted them. You waive defenses based on the electronic form and lack of signing.