Terms of Service
Last updated: September 10, 2019
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.TRYCALIPER.COM (THIS “SITE”). YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. DO NOT ACCESS THE SITE, PURCHASE PRODUCTS FROM THE SITE, OR USE THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE.
These Terms of Use (the “Terms”) apply to all users of this Site and its associated services (as defined below). This Site is developed, maintained, and operated by Foods for Function, Inc. d/b/a Caliper Foods (“Caliper”, “we”, “our”, or “us”).
1. Overview
These Terms govern your access to and use of this Site, as well as all content and Caliper products and services (including but not limited to ecommerce services) available at or through the Site (collectively, “Services”). By accessing or using any part of our Services, you are accepting and agreeing to, without modification, all of the terms and conditions contained herein, Caliper’s Privacy Policy, other policies, operating rules, and procedures that may be published from time to time by Caliper (collectively, the “Agreement”). You agree that we may update our Services, and the Agreement will apply to any updates. Please read the Agreement carefully before accessing or using our Services. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
For some of Caliper’s promotional offerings, such as, but not limited to, promotional contests, additional legal terms may apply and will be posted on the website(s) for those products and services. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms. To the extent such additional terms conflict with these Terms, the additional terms shall control. Caliper reserves the right to void, cancel or suspend any promotion at any time without notice.
2. Your Use of this Site
This Site is expressly owned and operated by Caliper, and the contents are intended primarily to facilitate Caliper’s business of selling Caliper CBD to consumers, as defined by Caliper and subject to change by Caliper at any time in our sole discretion. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from this Site (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content are owned, controlled or licensed by or to Caliper, and are protected by copyright, patent, trademark and various other intellectual property and unfair competition laws. All worldwide rights are reserved.
This Site and the Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms or with prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Your access to this Site is provided on a temporary, revocable basis with no guarantee for future availability. Caliper may suspend or terminate, in whole or in part, your access to the Site and the Services if you violate the Terms. If your violation of the Terms is related to the purchase of a product on the Site, Caliper may also cancel or void any related purchase.
3. Restrictions on Use of the Services
Your use of the Services must be in strict accordance with these Terms, and in compliance with all applicable laws and regulations. Furthermore, you represent and warrant that your use of the Site and the Services:
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe, misuse, or misappropriate the intellectual property rights of Caliper or any third party;
Will not overburden Caliper’s systems, as determined by us in our sole discretion;
Will not disclose sensitive personal information of others or their likeness without their express permission;
Will not be used to send advertisements or solicitations of business, pyramid schemes, spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not create any communications or content to impersonate another;
Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code; and
Will not be used to post or transmit unlawful, threatening, defamatory, libelous, obscene, morally offensive, pornographic, or profane material, or any material that could constitute or encourage harassment or a criminal offense or give rise to civil liability.
4. User-Created Content
With the exclusion of personally identifiable information, which is subject to Caliper’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, or other communication you disclose, offer, submit, send, transmit, or post to the Site in any manner (“User Content”) is and will be considered non-confidential and Caliper is under no obligation to keep User Content confidential. Personally identifiable information that you voluntarily post on a part of the Site that is viewable by the public is not subject to the Privacy Policy and is considered User Content. Caliper has the right but not the obligation to use, return, review, respond to, monitor, edit, or remove User Content.
If you do post or in any manner submit User Content, you grant Caliper a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display User Content. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; that use of User Content does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify Caliper for all claims resulting from User Content. Caliper takes no responsibility and assumes no liability for any User Content.
5. Products, Content and Specifications
All features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. The prices displayed on this Site are quoted in U.S. currency. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Caliper makes reasonable efforts to accurately display the attributes of products, including product colors; however we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any offer for any product or service made on this site is void where prohibited.
We attempt to provide complete, accurate and current information on this Site. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. Caliper does not warrant or accept any responsibility or liability for the completeness, accuracy or currentness of any information on this Site. In addition, we may make changes in information about price and availability without notice. In the event that a product is mistakenly listed at an incorrect price, Caliper reserves the right to refuse or cancel any orders placed for products listed at the incorrect price and issue credit card refunds for any such cancelled orders.
We reserve the right, but are not obligated, to limit or refuse the Services or product sales, without prior notice, to any customer, geographic region, or jurisdiction. We also may require verification of information prior to the acceptance and/or shipment of any order.
We do not warrant that the quality of any products, Services, information, or material obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Payment Terms
When placing an order for a Caliper product on the Site, you agree to authorize a third-party payment processor acting on our behalf to charge the credit card or to otherwise process the payment using any other payment method during your purchase on this Site. You must provide accurate payment information in order for us to fulfill your order. This charge includes all applicable fees and taxes that may accrue in relation to your purchase. The processing of your payment information may be subject to our third party payment processor’s terms and conditions and privacy policy. Please contact us at info@trycaliper.com if you require more information.
7. Risk of Loss
When an order is placed, it will be shipping to an address designated by the purchaser, provided that such shipping address is compliant with the shipping restrictions contained on the Site. All purchases of physical items from Caliper are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
8. Copyright Infringement
If you believe that material located on or associated with a Caliper product, the Site, or Service violates your copyright, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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.
Caliper’s DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Caliper Foods
Attn: Legal Director
6360C E 58th Ave
Commerce City, CO 80022
Email: notices@caliper.life
We will respond to all such written notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Site and the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Caliper or others.
9. Intellectual Property
The Agreement does not transfer from Caliper to you any Caliper or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Caliper. The Caliper, Caliper Foods, and Caliper CBD logos, and all other trademarks, service marks, graphics, and logos used in connection with the Site or our Services, are trademarks or registered trademarks of Caliper or Caliper’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Caliper or third party trademarks.
10. Your Account; Your Privacy
This Site allows you to register or obtain a password so that you may use certain Services available on this Site. Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You are responsible for maintaining the confidentiality of your registration information and password, and for all account use, whether or not authorized by you. You agree to immediately notify Caliper of any unauthorized use of your account or a breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the registration and Site. We have the right to provide user account, content or use records and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, our customers’ rights or our business).
The Caliper Privacy Policy describes how we collect and use personal information about you collected in and through the Site. When you create a Trycaliper.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. If you aren’t interested in learning more, you can opt out of the marketing communication.
Caliper reserves the right to refuse the Services, terminate accounts, remove or edit User Content, or cancel orders in our sole discretion.
11. Third Party Links
From time to time, the Site may contain links to websites that are not owned, operated, or controlled by Caliper. All such links are provided as a convenience to you and do not represent the views of Caliper. If you access any other website linked to or from the Site, you do so at your own risk.
12. Health Related Information
The information contained in this Site is provided for informational purposes only and is not meant to substitute for advice provided by a doctor or health care professional. You should not use the information available on or through this Site for diagnosing or treating a health problem, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use.
13. Revisions to Terms
These Terms may be revised at any time and such revisions will be effective immediately upon notice to you, which notice may be provided by posting the revised Terms and Conditions on this Site. You should visit this Site from time to time to review the current Terms because they are binding on you. Any use of this Site after notice of the revised Terms shall constitute your acceptance of such changes.
If we make changes that we believe are material, we will let you know by sending you an email or posting other communication before the changes take effect. In that case, the notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
14. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Caliper policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
If you wish to terminate the Agreement or your Trycaliper.com account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Disclaimer of Warranties
Your use of the Site is at your own risk. Our Services are provided “as is.” Caliper and its affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Caliper, nor any of its affiliates, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. Neither Caliper nor its affiliates warrant the accuracy, reliability or completeness, quality, or currentness of any content or Services provided on or through the Site. The Content or Services on the Site may be out of date, and neither Caliper nor its affiliates represents that any Content or Services will meet your needs or expectations, nor assumes any duty to update such Content or Services.
16. Jurisdiction and Applicable Law
This Agreement and any Services, including sales, thereunder shall be governed by the laws of the State of Colorado, U.S.A., excluding its conflict of law provisions. By using our Site or Services, you irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado for any dispute arising out of or relating to your access to or use of this Site, these Terms or our Privacy Policy.
17. Arbitration Agreement
All disputes arising out of, or relating to, this Agreement or our operation of the Site shall be resolved by final and binding arbitration to be held in the English language in Denver, Colorado pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part, of this Agreement is void or voidable.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
18. Limitation of Liability
Caliper assumes no responsibility, nor will be liable, for any damages to your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site, including without limitation any damages caused by viruses. In no event will Caliper, or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of the Site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use, inability to use, or results of use of the Site or the Services, whether based on warranty, contract, tort, or any other legal theory.
19. Indemnification
You agree to indemnify and hold harmless Caliper, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Site or Services, including but not limited to your violation of the Agreement, Terms, or Privacy Policy, Content that you post, and any violation of the rights of others.
20. Domestic Use
We control this Site from our offices within the United States of America. We make no representation that this Site or the Content (including, without limitation, any products or services available on or through this Site) are appropriate or available for use in other locations. Users who access this Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded in violation of United States law.
21. Miscellaneous
The Agreement constitutes the entire agreement between Caliper and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision by us. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms or the Privacy Policy.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Caliper may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
22. Contact Us
If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail info@trycaliper.com.
