The CalenUP website - https://www.calenup.com - is a copyrighted work owned by CalenUP. Certain features of the website may be subject to additional guidelines, terms or rules, which will be posted on the website in relation to those features.
All of these additional terms, guidelines and rules are incorporated by reference to these Terms.
These Terms and Conditions of Use describe the legally binding terms and conditions that govern the use of the website. BY ACCESSING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS and represent that you have the authority and capacity to accept them. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS THE WEBSITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITE.
Access to the Site
In accordance with these TERMS OF USE. CalenUP grants you a non-transferable, non-exclusive, revocable and limited license to access the site solely for your personal and non-commercial use.
Specific Restrictions. The rights granted to you by these TERMS OF USE are subject to the following restrictions:
(a) You must not sell, rent, lease, transfer, assign, distribute, host or commercially exploit the site;
(b) You must not modify, create derivative works, disassemble, reverse engineer, or reverse engineer any part of the site;
(c) You must not access the site for the purpose of building a similar or competitive website; and
(d) except as expressly stated here, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, unless otherwise indicated, any future release, update, or other addition to the functionality of the site will be subject to these Terms. All copyright and other proprietary notices on the site must be retained on all copies.
The CalenUP reserves the right to change, suspend, or terminate the site, with or without notice to the User.
Support or Maintenance. You agree that CalenUP will have no obligation to provide you with any support in relation to the site.
Except for User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the site and its content are owned by the company or its affiliated suppliers.
Third-party Links and Advertisements
Third-party Links and Advertisements. The website may contain links to third-party websites and services and/or display third-party advertisements. Such Third-party Links and Advertisements are not under the control of the company, and we cannot be held responsible for any Third-party Links and Advertisements. The Third-party Advertisements are not reviewed, approved, monitored, or make any representations in relation to CalenUP.
Cookies and Web Beacons. The website uses cookies to improve user navigation, being used to store information, including visitor preferences. The information is used to optimize the user experience, personalizing the content of our pages based on the visitors' browser type and/or other information.
The Google DoubleClick DART Cookie: is one of the third-party providers on our website. It also uses cookies, known as DART cookies, to display ads to visitors based on their visits to our site and other websites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google Advertising Network Privacy Policy at the following URL - https://policies.google.com/technologies/ads
Our Advertising Partners: Some advertisers on our website may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has its own Privacy Policy for its user data policies. For easy access, we have included links to their Privacy Policies below.
Exemptions
The website is provided "as is" and "as available." Our content suppliers disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
We and our suppliers do not guarantee that the website will meet your requirements, be available uninterrupted, timely, secure, or error-free, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or secure. If applicable law requires any warranties regarding the website, all such warranties are limited to ninety (90) days from the date of first use.
Limitation of Liability
To the maximum extent permitted by law, in no event shall CalenUP or our suppliers be liable to you or any third party for loss of profits, loss of data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising or related to these Terms or the use or inability to use the site, even if the company has been advised of the possibility of such damages.
Term and Termination. Subject to this section, these Terms will remain in full force and effect while you use the site.
Terms of Use
CalenUP respects the intellectual property rights of third parties and requests that users of our website do the same. We have adopted and implemented a policy of respect for copyright law that provides for the removal of infringing materials and the termination of users of our online site who are repeat infringers of intellectual property rights, including copyright.
If you believe that one of our users is illegally infringing on the copyright of a work through the use of our site and you want the allegedly infringing material to be removed, the following information in the form of a written notification (as provided for in 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- 1. your physical or electronic signature;
- 2. identification of the copyrighted work(s) that you claim have been infringed;
- 3. identification of the material on our services that you claim is infringing and that you request us to remove;
- 4. sufficient information to allow us to locate such material;
- 5. your address, telephone number, and email address;
- 6. a statement that you have a good-faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or by law; and
- 7. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the copyright allegedly infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any material misrepresentation in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and the claim of copyright infringement.
General Terms
These Terms are subject to occasional revisions, and if we make any substantial changes, we may notify you by sending an email to the last email address you provided to us and/or by posting notice of the changes on our website.
Notification Requirement and Informal Dispute Resolution. Before either party may file a lawsuit against CalenUP, the party must first send the other party a written Dispute Notification describing the nature and basis of the claim or dispute and the relief requested.
A digital Notification must be sent through the address https://www.calenup.com/contact-us. Upon receipt of the Notification, you and CalenUP may attempt to resolve the claim or dispute informally. If you and CalenUP do not resolve the claim or dispute within thirty (30) days after receipt of the Notification, either party may initiate a lawsuit process.
The jurisdiction of the district of the city of São Paulo, SP - Brazil is elected. Arbitrations in other states of Brazil or other countries will not be recognized.
Disclaimers of Warranties. YOU UNDERSTAND AND AGREE THAT ACCESS TO THE WEBSITE (INCLUDING DOWNLOADING OR OBTAINING MATERIALS) OR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CALENUP DOES NOT WARRANT THAT: (A) THE WEBSITE WILL MEET YOUR NEEDS; (B) THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) ANY INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU AGREE THAT NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Consent to Terms
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired, and the remaining portion shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and CalenUP's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You agree that any cause of action that you may have arising out of or related to these Terms and Conditions of Use or your use of the site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
These Terms, including all policies incorporated by reference, constitute the complete and exclusive agreement between you and CalenUP and govern the use of the website, replacing all previous and contemporaneous agreements.
Our Terms do not create and are not intended to create any rights or causes of action in any other person or entity. Our failures to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. If any provision of these Terms is deemed invalid, or for any reason unenforceable, that determination will not affect the validity of the remaining provisions of these Terms, and the invalid provision will be deemed modified to the extent necessary to make it applicable and effective.
These Terms constitute the complete agreement between you and CalenUP regarding the Site, and supersede all previous understandings. The Privacy Policy is an essential complement to this Terms of Use.
Contact
For any questions related to these Terms & Conditions of Use, they must be forwarded through the page: https://www.calenup.com/contact-us.
Last update: São Paulo, February 02, 2024.
