Terms of Use Agreement


This Terms of Use Agreement (“Agreement”) describes your rights and responsibilities related to your use of Calibri’s website, mobile application(s), and services as a registered Calibri user, and what you can expect from us.

By creating your Calibri account during the account sign-up process, or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding Agreement, along with the Privacy Policy

If you use any Calibri website or mobile app but are not a registered user, by using the website or mobile app, you agree to be bound by the terms of this Agreement, and acknowledge that you have read the Privacy Policy.

Calibri Service

Calibri is a social network for trusted connections and the exchange of helpful information, goods, and services. We use “Calibri” here to refer to the Calibri websites and our iOS and Android applications (also referred to as our “Service”). We also use “Calibri”, “we”, “us” and “our” to refer to Calibri Inc., a Delaware corporation, which provides our Service.

Nature of the Calibri Service

The Calibri Service consists of a web application, mobile application(s), and other related tools, support and services that Calibri, Calibri users (“Service Users”) and third-party suppliers and providers of pets, pet adoption, pet placement, or pet care products or services (“Pet Products and Services” and such suppliers and providers, “Providers”) can use to find, communicate with and interact with each other. For purposes of this Agreement, Providers are also Service Users.

Service Users are Solely Responsible for Evaluating Providers

We make no representations or warranties about the quality of products or services provided by Providers, or about your interactions and dealings with other Service Users. Providers listed on Calibri are not under the direction or control of Calibri, and Providers determine in their own discretion how to provide Pet Products and Services.

Calibri does not employ, recommend, or endorse Providers or Service Users, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Users, whether online or offline.

We may conduct an initial review of Provider profiles but do not otherwise screen Service Users, including Providers. You should exercise caution and use your independent judgment before engaging a Provider, providing Pet Products and Services, or otherwise interacting with Service Users, via the Calibri Service or otherwise. Service Users and Providers are solely responsible for making decisions that are in the best interests of themselves and their pets.

Service Users are solely responsible for evaluating the suitability of Providers for the services they offer to provide. Calibri does not endorse reviews of Providers by other Service Users that may be available via the Calibri Service, and Calibri makes no commitments that such reviews are accurate or legitimate.

Google Maps

Use of the Calibri Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using the Calibri Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from the Calibri Service.

Use of Calibri Service; Suspension

When you use the Calibri Service, you agree:

  • -To use the Calibri Service only in a lawful manner and only for its intended purposes.

  • -Not to use the Calibri Service to advertise or arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.

  • -Not to submit computer viruses or other malicious code to or through the Calibri Service.

  • -Not to use the Calibri Service, or engage with other users of the Calibri Service, for purposes that violate the law.

  • -Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate this Agreement.

  • -Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.

  • -Not to post “spam” or other unauthorized commercial communications.

  • -To use the Calibri Service only for your own purposes, and not to impersonate any other person.

  • -Not to transfer or authorize the use of your account for the Calibri Service by any other person.

  • -Not to provide false information in your profile on, or registration for, the Calibri Service, or to create multiple or duplicate accounts.

  • -Not to interfere with our provision of, or any other user’s use of, the Calibri Service.

  • -Not to solicit another user’s username and password for the Calibri Service or any other sensitive personal information, including bank details.

Suspension and Termination

We reserve the right to suspend or terminate your access to the Calibri Service: (1) if in our discretion your conduct on the Calibri Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect Calibri, its users, pets, or the public.

You may suspend or terminate your use of the Calibri Service at any time and for any reason.

Eligibility

Each individual is limited to one account, and you may not share your account password with anyone else (even a family user sharing your home) or allow someone else to use your personal account. You are responsible for maintaining the confidentiality of your username and password for Calibri Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

You may not use our Service if: (1) you are a resident of the United States and are under 13 years old, or do not meet applicable age requirements to use social media services where you live; (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our terms or policies; or (4) you are prohibited from receiving our Service or platform under applicable law. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.

When you register for the Calibri Service you agree to provide accurate information about yourself and keep this information up-to-date. Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.

If you believe that a Calibri user does not meet these eligibility requirements, you may report your concerns to us via our Help Center. Calibri reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.

Specific Prohibited Uses

The dog posting features of Calibri may be used only for lawful purposes by individuals seeking pets and breeders / rescue organizations seeking to rehome, sell and market pets. You specifically agree NOT to do any of the following: (a) post any dogs or content on the Calibri Service for or on behalf of any competitor of Calibri or posting dogs or other content that contains links to any site competitive with Calibri; (b) post dogs or content on the Calibri Service that contain any hyperlinks, hidden keywords or any keywords that are irrelevant to the dog or are otherwise misleading; (c) post dogs for modeling or talent or talent scouting positions; (d) post or submit to the Calibri Service any incomplete, false or inaccurate information or information which is not correct; (e) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertisements of products or services to a user of the Calibri Service; (f) delete or revise any material posted by any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on Calibri Service infrastructure; (h) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Calibri Service other than the search available from Calibri on the Calibri Service and other than generally available third party web browsers (e.g., Google Chrome, Safari, or Microsoft Edge); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Calibri Service; (j) aggregate, copy or duplicate in any manner any content posted, created or authored by or on behalf of Calibri (the “Calibri Content”) or information available from the Calibri Service.

Privacy

Our collection and use of your personal information on the Calibri Service is described in our Privacy Policy. By accessing or using the Calibri Service, you acknowledge that you have read and understand the Privacy Policy.

Content and Feedback

Your Content

We may require or allow you (or someone else on your behalf) to submit or upload data, text, photographs, images, reviews, information and materials (“Content”) to your profile on the Calibri Service or otherwise in connection with using the Calibri Service (collectively, “Your Content”).

License

You give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your Calibri Service settings and the selections you make when posting and as otherwise described in our Privacy Policy.

This means, for example, if you post a comment on the Calibri Service, you give us permission to store, copy, and share it with other Service Users (consistent with your settings), such as with Providers.

Release

If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Calibri and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the other provisions of these Terms.

Your Representations and Warranties about Your Content

You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or this Agreement.

Right to Remove or Screen Your Content; Right to use Your Content

Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively moderate Content posted by users; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms Service Users. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content. You give us permission to use your name and profile picture, and information about actions you have taken on Calibri to or in connection with ads, offers and other sponsored content we display in connection with our Services, with no additional compensation to you. For example, we may use your name and profile picture to show your nearby users that you have liked, commented on or recommended a business, brand or other third-party that has paid us to display its ads, offers or other sponsored content on Calibri. Further, you expressly consent that, without remuneration to you, Calibri may use Your Content to derive revenue generally, to derive revenue from third-party advertisers, and/or to determine which third-party ads will be presented to you.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of Calibri goods, services, or information facilitated by or through the use of the Calibri Service or resulting from visits made by you to the Calibri Service are governed by these terms. Additional terms and conditions may also apply to specific portions, services, or features of the Calibri Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use, unless such additional terms and conditions are related to purchases from Providers or third-party websites linked from the Calibri Service, in which case the terms and conditions of such third parties shall be solely applicable.

Order Acceptance

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Calibri and you will not take place unless and until you have received your order confirmation email.

Prices and Payment Terms

All prices and availability of products posted on the Calibri Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Payments Processing Services Policy

Payment processing services for Calibri are currently provided by Stripe (“Stripe” or the “Processor”) and are subject to the Stripe Terms of Service and Stripe Privacy Policy (collectively, the “Processor Terms”). By agreeing to these Terms of Use, you agree to be bound by the Processor Terms, as the same may be modified by Stripe from time to time. You also authorize us to share with Stripe any information you provide to us and transaction information related to your use of the Calibri Service or other services provided by Stripe. You expressly understand and agree that Calibri shall not be liable for any payments and monetary transactions that occur through your use of the Calibri Service. Calibri reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.

Service fees shall apply to all financial transactions conducted through the use of the Calibri Service (including credit card, debit card, and ACH transactions).

Shipments; Delivery; Title; Risk of Loss

For any goods purchased by you on the Calibri Service, title and risk of loss pass to you upon our transfer of the products to the delivery carrier. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, you must notify us within 14 days of the originally scheduled delivery date. Any decision regarding whether or not to replace a lost item is within our sole discretion, upon timely notice. All sales of products are final. If we determine in our sole discretion that a product sold on the Calibri Service is defective (which was not previously listed as non-returnable or non-refundable), then we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 7 days of delivery and provided such products are returned in their original condition. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment, meaning if an item is not delivered back to us, you will not be refunded. Your refund will be credited back to the same payment method used to make the original purchase on the Calibri Service.

All services offered by the site or via in-app promotions are final sales. In the event that, in our sole and absolute discretion, we determine that a service offered on the Calibri Service was not performed, then our only obligation is the (a) reperform such service, or (b) offer you a refund of the price paid for such service.

Affiliates

You consent to Calibri receiving compensation from third-parties for participation in third-party affiliate marketing programs, including purchases made through links to or from the Calibri Service. Calibri does not review or monitor any websites, advertisements, or other media linked to or from the Calibri Service and Calibri is not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any such third-party products or services, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Calibri or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third- party products or services based upon the information provided on the Calibri Service, and Calibri will not receive or review complaints regarding such purchases.

Reviews

The Calibri Service may provide the ability to leave public and/or private reviews of Service Users. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Calibri has no obligation to preserve or indefinitely store any reviews. If you are a Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Calibri Service, whether before or after termination of your account for the Calibri Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit, or remove these reviews from the Calibri Service at any time.

Intellectual Property

Calibri and its licensors retain all right, title and interest in and to the Calibri Service, the technology and software used to provide it, all electronic documentation and content available through the Calibri Service (other than Your Content), and all intellectual property and proprietary rights in the Calibri Service and such technology, software, documentation and content. Except for your rights to access and use the Calibri Service set forth in this Agreement, nothing in this Agreement licenses or conveys any of our intellectual property or proprietary rights to anyone, including you.

We welcome you to share any feedback, suggestions, or ideas you have about Calibri with us, so long as you understand we may have already had the same idea, and you agree that we have a worldwide, fully paid and royalty-free, irrevocable, perpetual license, with rights to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and publicly display any such feedback or ideas in any medium or format, whether now known or later developed with no restriction or obligation (payment or otherwise) to you.

Interactions with other Calibri Users

Transactions with other Calibri Users

In using Calibri and its user-to-user transactional features, you, and not Calibri, are responsible for your own decisions and actions. In addition, your use of the Calibri Service does not make us an employer, placement agency, representative, or agent of or for you or any other Calibri User. Calibri is not a party to transactions or disputes between Calibri Users. If you write a recommendation or other comment about a transaction with a Calibri User or their business, be truthful and fair in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

Disputes between Calibri Users

Calibri is not responsible for the actions of Calibri Users; each Calibri User is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, attorneys subsidiaries, joint ventures, contractors, vendors, suppliers, licensors, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between or among Calibri Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you a not a California user, you waive any statute of similar import and purpose of your applicable state.

Indemnity

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CALIBRI HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other Calibri Users or other parties; (2) breach of this Agreement; (3) disputes with other Calibri Users or other parties; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your products, services, pet(s) or pets in your care; (6) Your Content .YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

Warranty Disclaimer for the Calibri Service

The Calibri Service and information and materials found on the Calibri Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Calibri Service, but not directly by Calibri, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALIBRI DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE CALIBRI SERVICE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY (3) WARRANT THAT YOUR USE OF THE CALIBRI SERVICE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE CALIBRI SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CALIBRI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE CALIBRI SERVICE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE CALIBRI SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY PROVIDER OR ANY PROVIDER’S PET PRODUCTS AND SERVICES.

Liability Limits

Exclusion of Certain Types of Damages

To the maximum extent permitted under applicable law, in no event will Calibri be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Calibri Service, even if Calibri has been advised in advance of such damages, including without limitation damages related to any information received from the Calibri Service, the products or services offered for sale on the Calibri Service,removal of your profile information or review (or other Content) from the Calibri Service, any suspension or termination of your access to the Calibri Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Calibri Service, even if we are aware of the possibility of any such damages, losses or expenses.

No Liability for non-Calibri Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CALIBRI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE CALIBRI SERVICE OR PRODUCTS OR SERVICES PURCHASED ON THE CALIBRI SERVICE IF SUCH PRODUCT OR SERVICE IS PROVIDED BY A PROVIDER OR A THIRD-PARTY,INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE CALIBRI SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE CALIBRI SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Arbitration Agreement

You and Calibri agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “Calibri,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents,attorneys, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs. We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually, and include instructions for how to opt out if you do not agree.

Applicability

You agree that any dispute or claim relating in any way to your access or use of the Calibri Service, mobile apps, and service, or to any aspect of your relationship with Calibri, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration rules and forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Calibri Inc.,2633 Lincoln Blvd #134, Santa Monica, CA 90405.The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of arbitrator

The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Calibri. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of jury trial

YOU AND CALIBRI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of class or other non-individualized relief

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in San Diego, California. All other claims shall be arbitrated.

30-day right to opt out

You have the right to opt out of the provisions of this Agreement that mandate arbitration by sending written notice of your decision to opt out to:info@findbenji.com, within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision. Your notice must include your name and address, your Calibri username (if any), the email address you used to set up your Calibri account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Survival of agreement

This Arbitration Agreement will survive the termination of your relationship with Calibri.

Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if Calibri makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Calibri at the following address: Calibri Inc., 2633 Lincoln Blvd #134, Santa Monica, CA 90405

Copyright Infringement

If you believe in good faith that your copyrighted work has been infringed by content posted on the Calibri Service, please provide our designated copyright agent with a written notice that includes all of the following information:

  • -A description of the copyrighted work you believe to have been infringed;

  • -A description of the URL or other location on the Calibri Service of the material you believe to be infringing;

  • -Your name, mailing address, telephone number and email address;

  • -A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • -A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

  • -An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Our designated agent for notice of copyright infringement can be reached at:

Calibri Inc., 2633 Lincoln Blvd #134, Santa Monica, CA 90405