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  TERMS OF SERVICE AGREEMENT  
           



 



1. ACCEPTANCE OF TERMS

Calabunga™ provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. . Your use of the Site constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").

2. DESCRIPTION OF SERVICE

Calabunga™ provides the Calabunga™ application and help section.


3. MODIFICATIONS TO SERVICE

Calabunga™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Calabunga™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Calabunga™ may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Calabunga™ after the notice is posted, you are indicating your acceptance of those changes.

4. FEES AND PAYMENTS

Calabunga™ will charge you fees to use the Service. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Calabunga™ reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

In order to set up a full paid membership with Calabunga™ you must provide Calabunga™ with valid credit card information. By submitting such credit card information, you give Calabunga™ permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred.

Trial Signup: The length of the free trial period is 30 days. The trial period offers full use of the Calabunga software. If the account holder does not upgrade to a full paid account at the end of the trial period, any calendars, users, groups, and calendar items will be removed from the system. The account holder will receive an email reminder, and a warning on the main calendar display page, when 5 days or less are remaining on the trial account. All limitations of liability expressed in TOS apply equally to the trial account.

5. REGISTRATION AND ACCOUNT CREATION

As part of the registration and account creation process required to obtain access to Calabunga™'s Service, you will select a login ID and a password. You will provide Calabunga™ with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting the Settings panel). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your Calabunga™ account including, but not limited to, use of the account by any person authorized by you to use your login ID and password.

6. NON-TRANSFERABILITY OF MEMBERSHIP

Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.

7. UPGRADES/DOWNGRADES TO YOUR SUBSCRIPTION
Upgrades: You may upgrade your account once every 30 days. An upgrade is defined as a change to a more expensive account type, or in the case of increasing/decreasing user/group/calendar limits, a change that results in an increase in your monthly fee.

Downgrades: You may downgrade your account once every 90 days. A downgrade is defined as a change to a less expensive account type, or in the case of increasing/decreasing user/group/calendar limits, a change that results in a decrease in your monthly fee.

Any change in fees due to an upgrade/downgrade will be prorated against the days remaining in the billing month, and charged (if upgrading) or credited (if downgrading) to your credit card.

8. FAILURE TO MAKE PAYMENT
Calabunga utilizes Authorize.net as its online credit card authorization client. Failure to succesfully make payment on the billing date will result in a 15-day warning to make payment or surrender use of the Calabunga software. If at the end of the 15 days payment is not successfully made, the account will be frozen. Failure to make payment for another 15 days (30 days total from the initial warning) will result in your account (and all calendars, users, groups, and calendar items associated therein) being removed from the system.

9. SUBSCRIPTION RENEWAL AND CANCELLATION

Calabunga™ will automatically renew and charge your account upon every monthly anniversary of the date on which you signed up, depending on the account type that you selected during enrollment. You give permission to Calabunga™ to automatically charge your subscription fee to your credit card monthly, depending on your membership plan. You may cancel your Calabunga™ subscription at any time, and any remaining days in the current billing month will be prorated at the current billing rate and credited to your credit card.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Calabunga™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. Calabunga™ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Calabunga™ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Calabunga™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Calabunga™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

12. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

13. NON-WAIVER

The failure of Calabunga™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. HEADINGS FOR CONVENIENCE ONLY

The section titles in the TOS are for convenience only and have no legal or contractual effect.

15. INDEMNIFICATION:

You agree to indemnify, defend and hold Calabunga™ harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

16. RESTRICTIONS ON USE:

You may not use Calabunga™ or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions.

17. SEVERABILITY:

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

18. ENTIRE AGREEMENT:

This Agreement and any other terms and conditions of service on http://www.Calabunga.com constitute the entire agreement between you and Calabunga™ and govern your use of the Service.

19. REFUSAL OR DISCONTINUANCE OF SERVICE:

Calabunga™ reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.

20. CHOICE OF LAW AND FORUM:

This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

       
       
         
         
 

 

     

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