Calerity Terms of Service ("Agreement")

This Agreement was last modified on September 9, 2020.

Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using calerity.com ("the Site") operated by Plum Flower Software LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at calerity.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

The Site and its original content, features and functionality are owned by Plum Flower Software LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are solely liable for any content that you upload to or through this Site. This content may be posted on or accessed through the Site in our sole discretion. Under no circumstance will we be liable in any way for any such content. Since we do not control content submitted to and/or through the Site by users, we cannot and do not warrant or guarantee the truthfulness, accuracy, integrity, suitability, or quality of that content. You understand and agree that by accessing the Site, you may encounter content that you may consider objectionable. We are in no way responsible for content submitted to the Site, including any errors or omissions, nor are we responsible for any loss or damage of any kind that you claim was incurred as a result of use of such user-submitted content.

You agree not to use the Site to do any of the following:

• Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
• Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Harm minors in any way; or
• Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

You hereby represent and warrant that any content you submit to the Site does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any user generated or submitted content at any time and for any reason, including, but not limited to content that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Site, and any content transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site. Indirect or attempted violations of these Terms & Conditions of Use or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of these Terms & Conditions of Use by you.

The security of your submitted content is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect the content you submit to or through our Site, we cannot guarantee its absolute security and we are not responsible for the theft, destruction, or inadvertent disclosure of your submitted content or any loss or damage of any kind you claim as a result thereof. We strongly urge you to store or otherwise back-up a copy of your submitted content using other devices or third party services.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Our Site may contain links to third-party sites that are not owned or controlled by Plum Flower Software LLC. Plum Flower Software LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. An advertisement of, or link to, a third-party website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We do not investigate, monitor or check such websites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through our Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Plum Flower Software LLC grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

In no event shall Plum Flower Software LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from or related to your use of this Site or content you provide, including, but not limited to, any claim by a third party that any content submitted by you to the Site infringes or violates such third party's rights or interests.

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Plum Flower Software LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Tennessee, United States, without giving effect to any principles of conflicts of law. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts with jurisdiction over Williamson County, Tennessee, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms & Conditions of Use.

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

If you have any questions about this Agreement, please contact us.