Privacy Policy

Effective Date: December 15, 2015

CoCalm is owned and operated by Cool Calm Collective LLC ("CoCalm" or "we" or "us"). CoCalm is strongly committed to protecting your privacy and providing a safe online experience for all of our users. This Privacy Policy (the "Policy") discusses the Personally Identifiable Information ("PII") and other information that we may collect about you through CoCalm's website, which includes all of the CoCalm's articles, videos, and other services we provide on the website (collectively, the "Site"). Please read the complete Policy below and contact us if you have any questions. This Policy is part of and incorporated into the Terms of Use of the Site.

If you are not comfortable with this Policy or our Terms of Use, please do not provide us with PII, or other information or content, or otherwise use the Site.

· What information may be collected by CoCalm, and how is it collected?

Type of Information We Collect.

We collect information directly from you that you provide to us when you register on the Site. This information may include your name and email address, as well as any other information specified in the registration process. We may also collect any information you enter on the Site or give us in any other way, such as through an email, survey, user-generated content, promotion, or letter using different types of technology, including, but not limited to, "clear gifs" or "web beacons". Where allowed by law, we may also collect information about you from other sources. We also collect non-personally identifiable usage information about your use of the Site, such as your browser, links you click, your IP address and the website you visited before coming to the Site.

Third Party Web Beacons: We may also implement third party content, such as third party buttons (such as "like" or "share" buttons) or advertising on the Site that may use clear gifs or other forms of web beacons, which allow the third party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Site or may otherwise allow such third party to collect information about you. This information is collected directly by the third party, and we do not participate in that data transmission. Information collected by a third party in this manner is subject to that third party's own data collection, use, and disclosure policies

We also use Facebook login so you can use your existing Facebook account to access the features of the Site. You must explicitly authorize Facebook to share your information with us when you first login to the Site with your Facebook credentials.

You should review your privacy settings on your Facebook account because those settings determine and govern what PII may be made available to us when you access the Site. While Facebook login allows us to access a variety of information about you based on your Facebook account's privacy settings, we only access PII which we feel is useful to enhance your experience of the Site, including your name, gender, and location.

Information in Public Areas of the Site. Please keep in mind that whenever you voluntarily provide information in public areas of the Site, that information can be viewed and possibly used by others. We therefore advise users not to disclose contact information that they do not wish to share, including phone number, email address, street address, instant messenger address, identifying images, etc., within these public areas. We are not responsible for PII you choose to submit in these public areas.

Cookies. Like many websites, we may use "cookies" and other similar technologies, such as pixels, beacons, or 1x1 GIFs. Cookies are alphanumeric identifiers that we transfer to your computer's or device's hard drive through your web browser to enable our systems to recognize your browser. We may use persistent, identifying cookies to remember your information and to link your activities to you. While you can take steps to warn off, block, or disable cookies, if you do, the Site may not function and appear as we have designed it. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. For more information about cookies, including controlling and deleting them, please visit the www.aboutcookies.org website.

Our cookies do not collect PII that you provide to us during the registration process, but they do collect other information, including:

· the domain name and host from which you access the Internet and the Internet address of the website from which you direct-linked to the Site;

· the date and time you access the Site and pages you visit;

· your computer's or device's IP address and information about its operating system, platform, location, and the web browser type and version you use;

· demographic and other non-personally identifiable profile information about you; and

· information to combat fraud or misuse.

As mentioned above, we may use persistent, identifying cookies to remember your information and to link your activities to you.

Pixel Tags. In our emails to you, we may use "pixel tags" to determine if your email software or service can display html-formatted email (this helps us optimize the size of our email messages and conserve bandwidth). We may also use pixel tags to understand usage patterns to help deliver content more relevant to you.

Collection of Information by Third Parties. Our Site may include third-party advertising, including online behavioral advertising ("OBA"), links to other websites, and other content from third party businesses. The content posted by these parties will be reasonably identifiable as coming from a third party. We do not provide any PII to these advertisers, third-party websites, or other businesses, although on occasion we may mutually share non-PII (e.g., demographic, aggregated, de-identified or other information that does not identify a user) to facilitate delivery of relevant advertisements. These third-party websites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use technology to deliver (or "serve") the advertisements that appear on the Site directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize or optimize advertising content. We do not have access to or control over cookies or other technologies that they may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Policy but are covered by their respective privacy policies. Some, but not all, third party companies provide a mechanism to opt-out of their technology.

Promotions, Sweepstakes, and Contests. From time to time, we may host a promotion, sweepstake, or contest on the Site. You may be asked to provide PII or permit the transfer to a third party of your PII, user-generated content, or other information in connection with such promotion, sweepstakes, or contest. It will be disclosed at the point of collection or transfer who is collecting or transferring the information and whose privacy statement applies, and it will be your choice whether or not you wish to permit such transfer or collection of PII or other information to a third party.

Children. It is important to protect children on the Internet. Parents and guardians should educate their children about protecting themselves online, teach their children how to safeguard their personal information, and monitor their children's online activities. We do not intend to and will not knowingly collect information from children under 13 online and, as stated in our Terms, children under 13 are not allowed to use the Site or sign up for a member account. If you are a parent or guardian and discover that your child under 13 years-of-age has obtained an account on the Site, then you may alert us at cocalmceo@cocalm.com and request that we delete that child's personally identifiable information from our systems.

· What Does CoCalm Do With Collected Information?

Use of PII. We may use your PII for purposes such as responding to your requests, monitoring and providing the Site, maintaining your account, providing you with advertising and non-advertising content on the Site that we believe would be of interest to you, enforcing our rights and the rights of third parties, and investigating and ensuring compliance with the Terms of Use.

Opting-Out. You can unsubscribe from any newsletters or opt-out of various promotional emails you may have consented to at any time by clicking on the "unsubscribe" links in each of our newsletters or emails. We reserve the right to send you customary business communications such as acceptance/rejection notices regarding content submissions, general system and administrative messages regarding the Site, address confirmations, and transactional information about your account, and we may not offer you the opportunity to opt-out of receiving such communications so long as you are registered with the Site.

Use of Other Information. We use non-PII about our users for purposes such as, but not limited to, measuring the number of visitors to sections of our Site, making the Site more useful to visitors, and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer the Site, track a user's movement, and gather broad demographic information for aggregate, non-personally identifiable use.

Retention of Information. We retain information for as long as required, allowed, or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You should keep your own, separate back-up records.

Generally. Subject to the terms of this Policy, we reserve the right to the following worldwide: use, access (or bar access to), process, disclose, display, share, transfer, store, sell, retain, commingle, investigate, verify, prove, and otherwise deal with, voluntarily or as required by law, (collectively "Disclose") all PII, non-PII, and other information. We may Disclose the foregoing internally, to third parties, or through any databases for any purpose not prohibited by this Policy or, in our discretion, to help prevent or address perceived harm, damage or loss to us or others or to respond to subpoenas, search warrants, court orders, or other legal process. We reserve the right to send you customary business communications (i.e. acceptance/rejection notices regarding content submissions, general system and administrative messages, etc.) without offering you the opportunity to opt-out of receiving them. However, we provide you with the opportunity to elect not to receive other types of communications, promotional email and newsletters.

· Does CoCalm Share Information With Other Parties?

We share information, including PII, with third parties, but only as described in this privacy policy.

· Advertisers and Others. We share non-PII with advertisers, service providers, and other persons with whom we conduct business. Similarly, these advertisers, service providers, and other persons may share information with us, including PII, about you that they have independently gathered or acquired.

· Third Party Services. We contract with affiliated and non-affiliated third parties to provide services to us or to you on our behalf. Examples include providing marketing assistance, providing customer service, sending emails to you, removing repetitive information from customer lists, and analyzing data. These third parties may have access to your PII, but will be required to use this information solely in connection with these authorized business activities.

· Business Transfer. As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructuring, changes of control, or similar transactions. In such transactions, customer information generally is one of the transferred business assets and your PII may be subject to such a transfer. Also, in the unlikely event of a bankruptcy, PII may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

· Affiliates. We may share PII, non-PII, and other information with our corporate affiliates. Corporate affiliates are those entities that we control, are controlled by us, or are under common control with us as well as any joint venture in which any of the controlled entities may participate from time to time. Any use of your information by our corporate affiliates is subject to this Policy or another policy no less protective of your privacy. Conversely, we may obtain information about you from our corporate affiliates or from your visits to other websites that we or our corporate affiliates control.

· Compliance and Safety. We may release user information when we believe release is appropriate to:

· comply with applicable law, respond to legal requests, or address written complaints of copyright infringement;

· make disclosures under programs intended to prevent potential crimes or investigate persons;

· enforce or apply agreements, including the Terms of Use; or

· protect the rights, property, or safety of the Site, our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.

· How Secure Is My Information?

Your Obligations. You must protect against unauthorized access to your password and to your computer or device. Please sign off when you have finished using a shared computer or device. Your emails to us are not necessarily secure against interception so do not include sensitive information in them. We will not ask for passwords in an email and you should assume that if you get such a request, it might be fraudulent. YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.

Our Security Measures. We take reasonable precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while we use reasonable efforts to protect your PII, we cannot guarantee its absolute security. If we learn of a security systems breach, then we may attempt to notify you electronically through the email address you have provided to us so that you can take appropriate protective steps. We may post a notice through the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

· What About Links to Other Sites?

The Site contains links to other websites. We are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave the Site and to read the privacy statements of every website that collects your PII. This Policy applies only to information collected by the Site.

· What Does CoCalm Do When This Privacy Policy Changes?

We reserve the right to change our Policy at any time. Non-material changes and clarifications will take effect immediately. If we make non-material changes, we will indicate at the top of this page the revised Policy's new effective date. If we make material changes, we will notify you by email (at the email address you have provided to us) or through notice on the home page of the Site, and will also indicate as much at the top of this page. The material changes will take effect 30 days after such notice. We encourage you to refer to this Policy at least every 30 days to check for material changes.

· Transfers Overseas

The Site is hosted in the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from United States law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Site you consent to that transfer, storage, and processing. We may limit the availability of the Site or any service or product described on the website to any person or geographic area at any time. If you choose to access the website from outside the United States, you do so at your own risk. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. Our website and Site is subject to United States laws, which may not afford the same level of protection of those in your country.

Any transfer of your PII outside of the United States is done in a manner which ensures that it is processed in accordance with this Privacy Policy.

· Social Media Plug-ins

We integrate social media application program interfaces or plug-ins ("Plug-ins") from social networks, including Facebook, Twitter, Instagram, SoundCloud, and Pinterest, into our Site. Plug-ins may transfer information about you to the Plug-in's respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in's social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform's privacy policy, and not by the Site's Policy.

· What If I Have Other Questions Or Concerns About Privacy Or This Policy?

We utilize the self-assessment approach to assure our compliance with the Policy. We periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, and completely implemented. We encourage interested persons to raise any concerns with us using the contact information below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of PII in accordance with the principles contained in this Policy.

Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at 393 Reynoldston Way, Suwanee GA 30024

or email us at cocalmceo@cocalm.com We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

Customer Services. For customer service matters (including questions relating to this Policy), you may email via our contact form.

CoCalm Entertainment Application End User License Agreement and Privacy Policy. If you are looking for the CoCalm Entertainment Application End User License Agreement or Privacy Policy, please cocalm.com/legal. Those policies govern the use of that mobile application.

Cocalm.com are trademarks of in the United States and other countries.

Copyright © Cool Calm Collective LLC. All Rights Reserved

Term of Service

Welcome, and thank you for your interest in using the CoCalm.com website and being part of our community. These Terms of Use (the "Terms") constitute a binding agreement between Cool Calm Collective LLC ("CoCalm", "we" or "us") and you. You must agree to these Terms, including the Privacy Policy, before using the Cocalm.com website (the "Site") or any software, applications, features, or functionality available on the Site. By using the Site, you agree to these Terms. CoCalm reserves the right, in its sole discretion, at any time, and without limitation, to change these Terms or impose new terms or conditions. Such changes, updates, or additions shall take effect immediately upon CoCalm posting the amended Terms at this website location. Your use of the Site after such notice shall be deemed to constitute your acceptance of the modified Terms. If you do not agree to these Terms, do not use the Site.

Cocalm Entertainment Application End User License Agreement

If you are looking for the CoCalm Entertainment Application End User License Agreement or Privacy Policy, please cocalm.com/legal. Those policies govern the use of that mobile application.

User Accounts

Anyone over the age of 13 may create a user account to become a member. You must be at least thirteen (13) years of age to use the Site. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age (ii) that you have not previously been suspended or removed from the Site and (iii) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person's identity or that violates our community and content guidelines.

We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a Site member you are consenting to the receipt of these communications.

Content You Post on the Site

You are responsible for all content that you post on, transmit through or download from the Site. You may not post content that:

· Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn't mean you can use it without permission);

· Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;

· You know to be inaccurate;

· Is pornographic, sexually explicit, or obscene;

· Exploits children or minors;

· Violates the rights of privacy or publicity of any person;

· Is harassing, libelous, slanderous, or defamatory;

· Contains any personally identifying information about any person without their consent or about any person who is a minor;

· May be deemed generally offensive to the Site community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;

· Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;

· Is off topic;

· Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;

· Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;

· Violates any local, state, federal, and/or international laws or regulations;

· Promotes or provides instructional information about illegal or illicit activities;

· Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,

· Is intended to overwhelm, cause technical disruptions of or denial of service to the Site.

We may remove any content that violates these Terms or that we determine is otherwise not appropriate for the Site in our sole discretion.

By posting or transmitting content on or through the Site, you

a. represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize CoCalm and users of the Site to use and distribute your Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by CoCalm and the Terms,

b. you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit content;

c. represent and warrant that your Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person;

d. agree to and do hereby grant CoCalm and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) CoCalm may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your user name in connection with our use of any content you provide to us, including in connection with off-Site uses of such submitted content. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.

Your Use of the Site

All of our content available through the Site is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by CoCalm as part of the services we provide.

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

· Harass or advocate harassment of another person or entity;

· Perform any activities that violate any state, local, federal, or international laws or regulations;

· Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under Section 219 of the Immigration and Nationality Act;

· Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;

· Transmit unsolicited mass mailings, or "spam;"

· Attempt to collect or use personal information about users or third parties without their consent;

· Collect or store any information about other users or members, other than in the normal course of using the Site for its intended purpose of facilitating voluntary communication among users;

· Transmit any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, or similar destructive or harmful item;

· Interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law; or

· Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

You may not do any of the following to the Site:

· Use it in any manner that could damage, disable, overburden, disrupt or impair the Site or our network or interfere with any other party's use and enjoyment of the Site;

· Modify, adapt, translate, or reverse engineer the Site;

· Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site (though CoCalm grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the content on the Site that link back to the Site for the full text of the content);

· Frame the Site or reformat it in any way; or

· Create or access member's user accounts using any automated means or under false pretenses.

All of the content available through the Site is subject to the copyrights and trademarks of CoCalm, our partners, or users.

Except as described in the previous paragraph, you may not store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of the Site content, in whole or in part.

Privacy Policy

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms.

Third Party Sites, Products, and Services

The Site may contain advertisements, offers, or other links to other websites and resources of third parties we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that CoCalm is not responsible or liable for (i) the availability or accuracy of such sites or resources or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Our Privacy Policy is applicable only when you are on our Site. Once you choose to link to another site, you should read and understand that site's privacy statement before disclosing any personal information.

Intellectual Property Rights Policy; DMCA Notification

CoCalm respects the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

· A description of the copyrighted work or other intellectual property that you claim has been infringed;

· A description of where the material that you claim is infringing is located on the Site (including the exact URL);

· An address, a telephone number, and an e-mail address where we can contact you;

· A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

· A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

· Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the CoCalm designated agent listed below.

c/o:

Address:
Phone: 

Fax:
Email: cocalmceo@cocalm.com

We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Site more than twice.

Our Rights and Responsibilities

We maintain the right to do any of the following any time, with or without prior notice:

· Restrict, suspend, or terminate your access to all or any part of our services;

· Change, suspend, or discontinue all or any part of our services;

· Refuse, move, or remove any content;

· Refuse to register any user name that may be deemed offensive; and

· Establish general practices and policies concerning the Site and the services we provide.

Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer or other devices; CoCalm does not warrant the successful operation of the Site on your computer or other device, and we are not liable for any such problems that result from your use of the Site. Moreover, the Site may contain advice, opinions, instructions, statements, and other information from CoCalm, its users, and other content and information providers. This content in intended to be used for informational and entertainment purposes only. Your use of the Site and content is at your own risk.

You understand that by using the Site, you may be exposed to content that you find offensive or objectionable.

We disclaim any responsibility for inaccuracies on the Site. We are not responsible for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.

Applicable Law

These Terms shall be construed in accordance with the laws of the State of California without regard to conflict of law principles, and the parties irrevocably consent to the personal and exclusive subject matter jurisdiction of the state and federal courts located in Los Angeles, California, USA. Notwithstanding the above, you agree that CoCalm shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Disclaimer

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COCALM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COCALM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COCALM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

Indemnification

By utilizing the Site you agree to indemnify, defend and hold CoCalm and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by CoCalm through your use of the Site or your posting or transmission of content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party's intellectual property, confidentiality, privacy or publicity rights). You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the Site or the services we provide. CoCalm reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Exclusion of Damages; Limitation of Liability

To the maximum extent permitted by law, you agree that neither CoCalm nor its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, nor each of their respective successors and assigns, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort, (including negligence) or strict or product liability, whether or not CoCalm have been informed of the possibility of such damage. Without limiting the foregoing, in no event will the aggregate liability to you of CoCalm, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers and each of its respective successors and assigns exceed, in total, the amounts paid by you to us or, if there have been no payments, then US$100.00.

Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

No Waiver

The failure of CoCalm to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or CoCalm's right to act with respect to subsequent or similar breaches.

We reserve the right to terminate your access to the Site if you fail to abide by these Terms. We also reserve the right to inform law enforcement authorities of any potential illegal activities and to provide them with all information about the account through which such activities occurred, as further described in our Privacy Policy.

The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and CoCalm regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by contract, operation of law or otherwise, without our prior written consent. We may assign, transfer or convey all or part of the Terms at any time without notice. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

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