Terms of Service

Effective as of 25 May 2018

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. CALIBREX Inc. provides an online fitness community and related products, services, content and features through the CALIBREX website located at https://www.CALIBREXinc.com, including subdomains (collectively, the ‘Site’), the interaction with the CALIBREX X1 and the CALIBREX smartphone App through which our service are accessed (the “Device”) and through desktop applications (including iOS and Android applications) and CALIBREX-controlled social media pages (including on Facebook, Instagram, Twitter, Pinterest, Quora, Reddit and Spotify) (collectively, the “CALIBREX Service”). By registering as a member or by visiting, browsing, or using the CALIBREX Service in any way, you (as a “user”) accept these Terms of Service (the “Agreement”), which forms a binding agreement between you and CALIBREX.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND FITNESS USE WAIVER. PLEASE READ THIS CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN FOLLOWING SECTION BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXRESSLY AGREE THAT DISPUTES BETWEEN YOU AND CALIBREX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEARBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you do not wish to be bound by this Agreement, you may not access or use the CALIBREX X1 or its services. Certain elements of the CALIBREX X1 may be subject to additional terms and conditions specified from time to time; your use of those elements of the CALIBREX Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.



1) Who May Use the CALIBREX Service

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.



2) License to Use the CALIBREX Service

License. Subject to your compliance with this Agreement, CALIBREX grants you a limited, non-transferable, non-exclusive, revocable license to access and use the CALIBREX Service for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view content available on the CALIBREX App and website. This license is personal to you and may not be assigned or sublicensed to anyone else.

Restrictions. Except as expressly permitted in writing by an authorized representative of CALIBREX Inc., you will not use the CALIBREX Service except as expressly authorized under this Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the CALIBREX Service, nor will you take any measures to interfere with or damage the CALIBREX Service, nor will you take any you use the CALIBREX Service (or any component thereof) to create any product or technology that competes with the CALIBREX Service (or any component thereof). You will not download and/or install any third-party software and/or application on the Device that is not expressly permitted by CALIBREX in writing. All rights not expressly granted by CALIBREX in this Agreement are reserved.



3) Privacy

Our Privacy Policy forms a part of this Agreement. Please review the Privacy Policy to learn about:

  1. What information we may collect about you.
  2. What we use that information for.
  3. With whom we share that information.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.



4) Membership Requirements Registration

To enjoy full access of the CALIBREX Service, you must register as a member of the CALIBREX Service and enter into a subscription agreement for access to all our services. Your subscription is governed by the Subscription Terms and Conditions. You must provide complete and accurate registration information to CALIBREX Inc. when signing up for a subscription, complete the Subscription process, and notify us if any of your information changes.

Profile Information and Picture. You may not use someone else’s name, or any name, location or other public profile information (including your picture) that violates any third-party rights or that is offensive, obscene or otherwise objectionable (in CALIBREX’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any authorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the CALIBREX Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at info@CALIBREXinc.com.


5) Sale and Delivery of Products

Availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We may cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full, from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order and/or proof of purchase information through the CALIBREX Site or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about CALIBREX products. 

In any case of malfunction, you may NOT attempt to repair the CALIBREX Device. Any attempt to repair the Device creates a risk of injury and property damage.  YOU ACKNOWLEDGE AND AGREE THAT CALIBREX IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE INCURRED DURING, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR OF A DEVICE BY ANYONE OTHER THAN A CERTIFIED CALIBREX TECHNICIAN.  ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR YOUR AGENTS ARE UNDERTAKEN AT YOUR OWN RISK AND CALIBREX WILL HAVE NO LIABILITY FOR ANY INJURY TO PERSONS OR PROPERTY ARISING FROM SUCH REPAIRS OR ATTEMPTED REPAIRS.  IN ADDITION, ANY REPAIR OR ATTEMPTED REPAIR BY ANYONE OTHER THAN A CERTIFIED CALIBREX TECHNICIAN VOIDS THE LIMITED WARRANTY. 

6) Term and Termination; Account Deletion

Term. This Agreement begins on the date your CALIBREX Device is delivered and continues as long as you have an account with us and/or continue to use the CALIBREX Device.

Termination for Breach. CALIBREX may, in CALIBREX’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if CALIBREX determines that you have violated this Agreement or that your conduct or User Content would tend to damage CALIBREX’s reputation and goodwill. If CALIBREX deletes your account for these reasons, you may not re-register for or use the CALIBREX Service under any other user name or profile. CALIBREX may block your access to the CALIBREX Service to prevent re-registration.

Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by CALIBREX will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. If your account is deleted for any reason, User Content may no longer be available and CALIBREX is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all other content or features provided through the CALIBREX Service. CALIBREX, in our sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.

7) Submissions

Any video, image, graphics, photos, text, audio recording, content, materials, information or other works that is submitted to the CALIBREX Service by or on behalf of users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the CALIBREX Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the CALIBREX Service.

As between you and CALIBREX, you own all User Content that you submit to the CALIBREX Service. You grant CALIBREX a worldwide, perpetual, irrevocable, non-exclusive, sub licensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the CALIBREX Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to CALIBREX or through the CALIBREX Service about improving or adding new features or products to the CALIBREX Service or you otherwise provide feedback or testimonials, CALIBREX worldwide, perpetual, irrevocable, non-exclusive, sub licensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.

8) Content Restrictions

You may not upload, post, submit, distribute or transmit (collectively, “submit”) to any portion of the CALIBREX Service any User Content that:

  1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  2. Contains sexually explicit content or pornography;
  3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  4. Exploits devices;
  5. Depicts unlawful acts or extreme violence;
  6. Depicts animal cruelty or extreme violence towards animals;
  7. Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
  8. Violates any law.

9) Code of Conduct

In using the CALIBREX Service, you must behave in a civil and respectful manner at all times. In addition to the restrictions in Sections 8 and 2, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Collect information about others;
  • Advertise or solicit others to purchase any product or service;
  • Engage in any conduct that is offensive or illegal; or
  • Violate any other community rules or codes of conduct that CALIBREX may impose.

10) Subscriber Interactions, Dealings with Third-Parties

When interacting with other CALIBREX Subscribers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the CALIBREX Service are solely between you and such third party. You agree that CALIBREX is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

11) Representations and Warranties

In using the CALIBREX Service, you must behave in a civil and respectful manner at all times. In addition to the restrictions in Sections 8 and 2, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Collect information about others;
  • Advertise or solicit others to purchase any product or service;
  • Engage in any conduct that is offensive or illegal; or
  • Violate any other community rules or codes of conduct that CALIBREX may impose.

CALIBREX has the right, but not the obligation, to monitor all conduct on and content submitted to the CALIBREX Service. CALIBREX may alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in CALIBREX’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the CALIBREX Service and CALIBREX’s systems.

 

12) Indemnification

You agree to indemnify, defend, and hold harmless CALIBREX and our directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the CALIBREX Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.

13) Third-Party Software and Applications

There may be links on the CALIBREX Service that let you leave the service to access a site that is operated by a third party. CALIBREX neither controls nor endorses these sites, nor has CALIBREX reviewed or approved the content that appears on them. You acknowledge that CALIBREX is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third-party sites.

14) Third-Party Links and Content

There may be links on the CALIBREX Service that let you leave the service to access a site that is operated by a third party. CALIBREX neither controls nor endorses these sites, nor has CALIBREX reviewed or approved the content that appears on them. You acknowledge that CALIBREX is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third-party sites.

15) Disclaimers

CALIBREX may update, add to, enhance, modify, remove or alter any content or features of the CALIBREX Service at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the CALIBREX Service. 

CALIBREX provides the CALIBREX Service on an “AS IS” and “AS AVAILABLE” basis. You use the CALIBREX Service at your own risk. Other than as expressly provided in writing by CALIBREX in connection with your purchase of a CALIBREX product (for example, the Device), CALIBREX expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law with respect to the CALIBREX Service. Without limiting the foregoing, CALIBREX makes no representations or warranties:

  • That the CALIBREX Service is or will be permitted in your jurisdiction;
  • That the CALIBREX Service will be uninterrupted or error-free;
  • Concerning any content, including User Content;
  • Concerning any third party’s use of User Content that you submit;
  • That the CALIBREX Service will meet your personal or professional needs;
  • That CALIBREX will continue to support any particular feature of the CALIBREX Service; or
  • Concerning sites and resources outside of the CALIBREX Service, even if linked to from the CALIBREX Service.

To the extent that another party may have access to or view content on your Device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE CALIBREX SERVICE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.

16) Limitation of Liability

To the fullest extent permitted by law: (i) CALIBREX will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) CALIBREX ‘s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to CALIBREX over the three (3) months preceding the date your first claim(s) arose.

16) Limitation of Liability

To the fullest extent permitted by law: (i) CALIBREX will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) CALIBREX ‘s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to CALIBREX over the three (3) months preceding the date your first claim(s) arose.

17) Professional Advice Disclaimer/Medical Disclaimer

Professional Advice Disclaimer. THE CALIBREX SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE CALIBREX SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE CALIBREX SITE OR CALIBREX SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE CALIBREX SERVICE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE CALIBREX SITE OR AVAILABLE THROUGH ANY CALIBREX SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE CALIBREX SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND CALIBREX MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE CALIBREX SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Medical Disclaimer– In Subscribing to or otherwise using the CALIBREX Service, you affirm that either your physician has approved your use of the CALIBREX Service or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise.
CALIBREX may refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

18) Intellectual Property

You acknowledge that the CALIBREX Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All CALIBREX -generated content, and content provided to CALIBREX by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and CALIBREX, CALIBREX owns a copyright in the selection, coordination, arrangement and enhancement of all content in the CALIBREX Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the CALIBREX Service, you may download copies of applications associated with the CALIBREX Service to devices you own or control for your personal, non-commercial use of the CALIBREX Service and for no other purpose whatsoever, provided you keep intact all copyright and other proprietary notices. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the CALIBREX Service, CALIBREX hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the CALIBREX Service for your personal, non-commercial use of the CALIBREX Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the CALIBREX Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.

The CALIBREX name, logos and affiliated properties, designs and marks are the exclusive property of CALIBREX and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the CALIBREX Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.

Any other trademarks appearing on the CALIBREX Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the CALIBREX Service. All rights not expressly granted in this Agreement are reserved.

19) Copyright/DMCA Policy

CALIBREX respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third-party copyright or other intellectual property rights.

CALIBREX will promptly remove materials from the CALIBREX Site and CALIBREX Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, CALIBREX may, when appropriate, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content – for Copyright Holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
1.    Your name, address, telephone number, and email address.
2.    A description of the copyrighted work that you claim has been infringed.
3.    A description of where on the CALIBREX Site the material that you claim is infringing may be found, sufficient for CALIBREX to locate the material (e.g., the URL).
4.    A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5.    A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6.    Your electronic or physical signature.

You may submit this information, or any counter notice, via:
Email, with the subject line “DMCA Notices” to: info@CALIBREXinc.com

CALIBREX may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

20) Modification

This Agreement may be modified at any time by CALIBREX. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page.

21) Entire Agreement

This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the CALIBREX Site from time to time:
•    Privacy Policy
•    Limited Warranty
•    Return Policy

If there is a conflict between any policies posted on the CALIBREX Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between CALIBREX and you and supersedes all prior agreements and understandings regarding the same.

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