|InstantCal Terms of Service|
|PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
BY ACCESSING THE WEB SITE OR USING THE SERVICES, YOU EXPRESSLY AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT
AGREE TO COMPLY WITH THESE TERMS, THEN DO NOT ACCESS THE WEB SITE OR USE THE SERVICES.
|ACCEPTANCE OF TERMS|
|InstantCal, Inc. ("InstantCal") provides a web site and resources (referred to as "Services")
which include software programs, content, and an application programming interface ("API") to certain web services.
The Services are subject to the following Terms of Service ("Terms"), which may be modified from time to time.
InstantCal will provide notice of material changes to the Terms by posting the Terms on the InstantCal web site.
The most current version of the Terms may be viewed at Terms of Service.
|USE OF SERVICES|
InstantCal may remove any content, InstantCal accounts, or access to the web site and Services
at any time and for any reason, including for no reason.
- You are solely responsible for your use of the Services, including any content you may provide.
- You are responsible for any activity associated with your account.
- You must be at least 13 years of age to use the Services.
- You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms.
- You agree not to provide or use content that is abusive, defamatory, fraudulent, harmful, harassing, hateful,
invasive of privacy, libelous, obscene, pornographic, profane, threatening,
or otherwise objectionable or unlawful in any way.
- International users agree to comply with all laws in their local jurisdiction regarding use of the Services and content.
- You agree not to use the Services in any way designed or intented to obtain account or private
information from any other InstantCal user.
- You agree not to use the Services to transmit unwanted messages ("Spam") or any type of malware,
virus, worms, or other program content designed to disrupt the Services or cause harm to others.
- You agree not to use the Services for any purpose associated with any affiliate or multi-level marketing program.
- You agree not to access the Services using any robot, spider or other automated means, with the
exception of RSS reading programs, without our express written permission.
- You agree not to use the Services in any way which, in our sole discretion, could disrupt
normal operation or impose an unreasonably large load on any of our systems, or attempt
to bypass any methods we may use to limit or restrict access to the Services.
and is incorporated by reference.
|FEES FOR THE SERVICES|
InstantCal may offer free versions of the Services, or charge fees for premium
versions of the Services. You agree to pay any and all fees for any
premium services to which you subscribe.
|THIRD PARTY FEES|
The Services may include features which utilize the services of
others, including SMS/Text messaging services, which may have fees
imposed by a carrier. By using such features,
you agree to be responsible for payment of all such third party fees.
|DISCLAIMER OF WARRANTY|
THE USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE SITE AND SERVICES ARE PROVIDED ENTIRELY ON AN 'AS IS' AND AN 'AS AVAILABLE' BASIS.
INSTANTCAL 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. INSTANTCAL MAKES NO WARRANTY THAT THE SERVICES
WILL MEET ANY REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO THOSE JURISDICTIONS.
|LIMITATION OF LIABILTY|
IN NO CASE SHALL INSTANTCAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM ANY USE, MISUSE,
OR INABILITY TO USE THE SITE OR SERVICES, OR ANY INTERRUPTION, SUSPENSION,
OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF INSTANTCAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO THOSE JURISDICTIONS.
You agree to indemnify and hold harmless InstantCal, its directors, officers, subsidiaries,
assigns, affiliates, contractors, customers, vendors, and employees from any liability, damage, or cost,
including reasonable attorneys' fees, from any claim or demand made by any third party due
to or arising from your use of the Services, violation of the Terms, or violation of
any rights of another party.
|InstantCal may terminate or suspend the Services with or without cause at
any time and effective immediately. InstantCal shall not be liable for termination
of Services. Should you object to any Terms or any subsequent modifications thereto
or become dissatisfied with the Services in any way, your only recourse is to immediately:
(1) discontinue use of the Services; (2) terminate the account used to register for the Services;
and (3) notify InstantCal of termination. Upon termination of the Services, your right to
use the Services immediately ceases.
These Terms shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You agree to the jurisdiction of and venue in
the state and federal courts of the State of California, Santa Clara County to resolve
any legal matter related to these Terms.
If any provision of these Terms shall be deemed unlawful or unenforceable, this
shall not affect the enforceability of the remainder of these Terms.
Questions or comments may be sent by email to info at instantcal.com or by mail to:
229 Polaris Avenue, Suite 15
Mountain View, CA 94043