This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and The Calving Book App, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.thecalvingbook.com website as well as our Facebook page (The Calving Book App), our mobile applications (The Calving Book Plus, The Caving Book Pro, and The Lambing Book), (collectively, The Calving Book). The Website provides the following service: The Calving Book App, LLC provides business and productivity solutions to Apple and Android Phone users. (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
We make no guarantees that The Calving Book App is available in locations other than where it is operated by us. The information provided on our website and within the apps is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Calving Book App to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access The Calving Book App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use The Calving Book App. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using our apps and website. Persons under the age of 13 are not permitted to register for The Calving Book App or use the our services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO — USE THE CALVING BOOK APP. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT WE MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE OUR SERVICES OR OUR WEBSITE.
Regarding Content You Provide
We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to voice your opinion regarding your thoughts on our products. We may also share some of your thoughts with others via our Facebook page and/or website. Any contributions or feedback you transmit to us will be treated as non-confidential and non-proprietary. When you create or make available a contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
C. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
D. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
E. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the our products or services (“Submissions”) provided by you to us are non-confidential and we shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the our services for any other purpose other than that for which we makes it available. Our services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Calving Book App. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of The Calving Book App designed to prevent or restrict access to The Calving Book App, or any portion of The Calving Book App
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of The Calving Book App
E. deleting the copyright or other proprietary rights notice from any The Calving Book App content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses The Calving Book App, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any The Calving Book App employees or agents engaged in providing any portion of company services to you
I. interfering with, disrupting, or creating an undue burden on The Calving Book App or the networks or services connected to The Calving Book App
J. making any unauthorized use of the The Calving Book App Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from The Calving Book App to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Calving Book App
M. tricking, defrauding or misleading The Calving Book App and other users, especially in any attempt to learn sensitive account information such as passwords
N. using any information obtained from The Calving Book App in order to harass, abuse, or harm another person
O. using The Calving Book App Services as part of any effort to compete with us or to provide services as a service bureau
P. using The Calving Book App in a manner inconsistent with any and all applicable laws and regulations
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use The Calving Book App or are otherwise a user or member of The Calving Book App, as applicable. You may terminate your use or participation at any time, for any reason, by unsubscribing to any of our applications through your respective app store (Apple App Store or Google Play Store), or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE CALVING BOOK APP RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND — USE OF THE CALVING BOOK APP AND OUR OTHER SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR — USE OR PARTICIPATION IN OUR APPLICATIONS AND SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of our company, The Calving Book App reserves the right at any time in its sole discretion to block certain IP addresses from accessing our website, Facebook page, and applications.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If The Calving Book App terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use our services after any such modification becomes effective. The Calving Book App may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services
The Calving Book App reserves the right at any time to modify or discontinue, temporarily or permanently, the any of our services (website, Facebook page, applications) or any part thereof with or without notice. You agree that The Calving Book App shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
CORRECTIONS
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Calving Book App reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
YOU AGREE THAT YOUR USE OF OUR PRODUCTS AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CALVING BOOK APP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE CALVING BOOK APP OR ITS 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, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR — USE OF THE CALVING BOOK APP, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CALVING BOOK APP’S LIABILITY TO YOU FOR – USE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE CALVING BOOK APP FOR SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CA– USE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify and hold The Calving Book App, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of The Calving Book App Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, The Calving Book App reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Calving Book App, and you agree to cooperate, at your expense, with The Calving Book App’s defense of such claims. The Calving Book App will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to The Calving Book App shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
USER DATA
Our website will maintain certain data that you transfer to The Calving Book App for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that The Calving Book App shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against The Calving Book App arising from any such loss or corruption of such data.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and The Calving Book App regarding the use of the our products and services. The failure of The Calving Book App to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Calving Book App may assign any or all of its rights and obligations to others at any time. The Calving Book App shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond The Calving Book App’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and The Calving Book App as a result of this Agreement or use of our products and services. Upon The Calving Book App’s request, you will furnish The Calving Book App any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against The Calving Book App by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In plain English:
- The Calving Book App products are available in The United States of America as well as other countries. This is subject to change and we can make no promises regarding future availability.
- The Calving Book App reserves the right to terminate services or sell our business. Should this be the case, we will do our best to notify our users ahead of time if possible.
- Any feedback, Facebook comments, reviews, and emails are non-confidential and may be used in, but are not limited to, marketing materials and future updates.
- We don’t collect personal data on our users other than an email which is used as a username. We do, however, use analytics software to better understand our users—but none of that information is associated with any personally identifiable information. In other words, we see data as large group and there isn’t anything linking it to a person.
- While we do try to pull regular backups of our database, we are not liable for any lost data. Should something happen, there is a good chance we will be able to recover a lot of your data but we cannot guarantee anything.
- Within the app, you can choose to subscribe to our yearly subscription to access all of our content and your data stored in the app. The app offers an introductory free period of 21 days. At the end of the free trial period, the full prices of the subscription will be charged thereafter. Any unused portion of a free trial period will be forfeited when the user purchases a subscription to that publication.Our plan costs $14.99 a year for the Plus app, $11.99 for the Pro app, and $19.99 for The Lambing Book App. Payment will be charged either your iTunes Account or your Google Account (depending on operating system) at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by managing subscriptions from a user’s respective app store.
- The Calving Book App reserves the right to change our prices at any time.
- We are farmers and ranchers just like you so we generally understand what our users want. With that being said, we sometimes have an unpredictable schedule—so please bear with us and we will get back to you as soon as we can!