Terms of Use

Effective Date: September 15, 2024

These Website Terms of Use (the “Terms”) are applicable to your use of the website provided to you by Calcium + Company, LLC, a Pennsylvania limited liability company (together with its affiliates, “Calcium,” “we,” or “us”).

Please read these Terms carefully. By (i) clicking “Accept”, “I agree”, or a similar checkbox or button referencing these Terms, or (ii) continuing to access or use the Calcium Website (as defined below), you will indicate your acceptance of these Terms. If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Calcium Website.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 6 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND CALCIUM ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON CALCIUM’S LIABILITY ARE EXPLAINED IN SECTIONS 7 and 8.

General Provisions.
1. Definitions. The following definitions apply to these Terms:
  1. “Calcium Content” means descriptions, information, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, animation, audio clips or downloads, video clips, and written and other materials) that are made available to you through, or in connection with, the Calcium Website.
  2. “Calcium Website” means the website currently located at https://calciumco.com/, all of its sub-domains, any mobile renderings of such website, or any other successor website(s) provided to you by Calcium.
  3. “Intellectual Property Rights” means any and all intellectual property rights, including registered or unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patents, utility models, rights in designs, copyrights, moral rights, topography rights, database rights, trade secrets, trademarks, service marks, trade names, domain name rights, know-how, rights of confidence, or other intellectual property rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world from time to time.
  4. “Third-Party Materials” means any third-party content that is made available to you through the Calcium Website.
  5. “Your Information” means any (i) information, data, material or other content that you provide to Calcium (including through the Calcium Website), and (ii) information related to your operation and use of the Calcium Website that is collected by us.
2. Updates to these Terms. Calcium may update these Terms at any time by providing reasonable prior notice to you using any suitable means, including by posting the revised Terms on its website. The updated Terms will apply to your use of the Calcium Website after the date on which Calcium has posted the updated Terms or otherwise notified you of those changes. By confirming your acceptance of the updated Terms, or by continuing to use or access the Calcium Website after we post or otherwise notify you of any change, you agree to abide by the updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.
User Consents.
1. Your Information. You understand and acknowledge that we may need to collect, store, and use Your Information, in connection with your use of the Calcium Website, for operational management of the Calcium Website, to make improvements to the Calcium Website, or for any other legitimate business purpose. You hereby consent to our collection, storage, and use of Your Information. Please note that our Privacy Policy contains additional information regarding Calcium’s collection and use of Your Information.
2. Electronic Communication. You hereby agree to receive electronic communication from Calcium, including via text and email. You agree that any electronic communication from Calcium satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Calcium, including, without limitation, by posting to the Calcium Website, email or otherwise, are and will be treated as non-confidential and non-proprietary. Any notice you provide to Calcium must be in accordance with Section 10 of these Terms.
3. Data License. You hereby grant to Calcium a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, fully-paid, sublicensable, and transferable (to an affiliate or successor) license and right to use, copy, display, modify, and distribute Your Information as needed for operation of the Calcium Website, to make improvements to the Calcium Website, or for any other legitimate business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring, or deletions made to, or derivatives of or other products derived from, or as a result of our use of Your Information or otherwise arising in connection with the parties’ performance under these Terms shall be the sole and exclusive property of Calcium, together with all Intellectual Property Rights and other rights therein.
Your Representations.
1. You represent and acknowledge that:
  1. You have the legal power and authority to agree to these Terms, you are at the age of majority in the jurisdiction of your residence, have the legal capacity to enter into contracts and have neither falsely identified yourself nor provided any false information to us;
  2. You will only use the Calcium Website for personal and non-commercial purposes only;
  3. You will not access or use the Calcium Website in a manner that violates any applicable law;
  4. You will not use any spiders, crawlers, framing, or data mining tools to access any Calcium Content;
  5. You will not modify, reverse-engineer, or de-compile the Calcium Website in any manner through current or future available technologies. Further, you will not copy, translate, transmit, display, port, distribute, modify, attempt to derive, or gain access to source code of, or make derivative works of the Calcium Website, nor permit or assist anyone in performing such prohibited acts. You will not access the Calcium Website with the intent to develop or market a competing service, or to enable a third party to do so;
  6. You will not use the Calcium Website in a way that is intended to (i) cause damage or adversely affect the Calcium Website or Calcium’s servers, including by means of introducing a virus, trojan, or other malicious software or by breaching any security protocols or through use of denial of service tools; or (ii) circumvent, endanger, disrupt, or interfere with the operation, security, usage limits, or integrity of the Calcium Website; and
  7. You will only submit Your Information when you have the right to share such data. You are solely responsible for complying with all applicable laws and consent requirements related to collection and sharing of Your Information.
Term and Termination.
These Terms will become effective on the date you accept them by clicking “Accept”, “I agree”, or a similar button or through another acceptable means, and will continue for the duration of your use of the Calcium Website. Calcium may, at any time, in its sole discretion, and without notice to you, terminate your access to the Calcium Website, or any portion of it. Further, Calcium may, at its sole discretion, at any time without prior notice to you: (a) change, restrict, or suspend your access to the Calcium Website, or any portion of the Calcium Website; or (b) add, remove, or modify any services or functionality that are available through the Calcium Website through future updates.
Ownership.
Calcium shall continue to own and retain all right, title, and interest, including Intellectual Property Rights, in and to (i) the technology or materials used for, or incorporated into, the Calcium Website, and (ii) all Calcium Content, and in each case to any modifications, enhancements, or derivatives thereto. You will not copy, reproduce, or disclose any Calcium Content provided to you or use any branding or logos used in the Calcium Website or the Calcium Content, without Calcium’s prior written consent.
Any feedback provided to us by you regarding the Calcium Website, Calcium Content or any other aspect of our business or operations, including all Intellectual Property Rights therein, shall become our sole and exclusive property. You hereby irrevocably assign to us all right, title, and interest in and to such feedback and agree to provide us with any assistance that we may require to document, perfect, and maintain our rights in the feedback.
Disputes and Governing Law.
1. Governing Law. Any disputes arising in connection with the Calcium Website, or these Terms shall be governed by, construed, and enforced solely and exclusively in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law principles.
2. Dispute Resolution. You and Calcium both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good faith thereafter arising from or in connection with the Calcium Website. If any dispute arising in connection with the Calcium Website is not resolved, within 30 days of a party providing notice to the other party, the dispute will be resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Calcium that an in-person hearing is appropriate. Any in-person appearances will be held in Philadelphia, Pennsylvania. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
3. Waiver of Right to Jury Trial and Class Action. YOU AND CALCIUM EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties’ decision to resolve all disputes through arbitration, Calcium may bring an action in a state, provincial or federal court to protect its Intellectual Property Rights. Seeking such relief shall not waive Calcium’s right to arbitration under these Terms.
No Warranties.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THESE TERMS, THE CALCIUM WEBSITE AND CALCIUM CONTENT IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THE CALCIUM WEBSITE AT YOUR OWN RISK. CALCIUM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT RELATED TO THE CALCIUM WEBSITE. CALCIUM DISCLAIMS, AND THESE TERMS DO NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS OTHER THAN THESE EXPRESS TERMS.
CALCIUM DOES NOT MAKE ANY WARRANTIES THAT THE CALCIUM WEBSITE WILL MEET YOUR REQUIREMENTS, PROVIDE ACCURATE CONTENT, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. CALCIUM MAKES NO WARRANTY RELATED TO THE CONFIDENTIALITY AND SECURITY OF ANY DATA PROVIDED BY YOU TO CALCIUM, INCLUDING YOUR INFORMATION.
THE CALCIUM WEBSITE MAY CONTAIN HYPERLINKS OR REFERENCES TO CERTAIN OTHER WEBSITES (“LINKED SITES”). CALCIUM DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT ON LINKED SITES INCLUDING ANY PRODUCTS AND SERVICES PROVIDED THEREIN. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR LICENSING ANY THIRD-PARTY MATERIALS THAT YOU USE IN CONJUNCTION WITH THE CALCIUM WEBSITE, AT YOUR OWN COST AND IN ACCORDANCE WITH TERMS AND CONDITIONS AGREED TO WITH THE THIRD-PARTY LICENSORS OF SUCH THIRD-PARTY MATERIALS. CALCIUM HAS NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, OR AVAILABILITY OF ANY THIRD-PARTY MATERIALS.
Liability Limitations.
In no event shall Calcium, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use, or inability to use, the Calcium Website. To the fullest extent allowable under applicable law, Calcium’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising from your use of the Calcium Website will not exceed $100.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: 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 RELEASED PARTY.
IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Your Indemnification.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Calcium, our affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any data or information you submit or provide to Calcium (including Your Information), (b) your use of the Calcium Website, (c) your violation of these Terms, or (d) your violation of any rights of any other person or entity.
Notices.
You may provide notice to us by emailing us at [email protected]. Any notice sent by you via email is deemed to be delivered upon your receipt of an electronic read receipt or delivery receipt or upon confirmation of receipt from us.
Severability.
If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of the Terms will remain in full force and effect.
No Third-Party Beneficiaries.
No provisions of these Terms create any third-party beneficiary.
Survivability.
The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Calcium Website survive termination of these Terms, including, without limitation, provisions related to indemnification and limitations of liability.
Assignment.
Your obligations and rights under these Terms may not be assigned, in whole or in part, without Calcium’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
International Use.
Although the Calcium Website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

LAST UPDATE DATE: SEPTEMBER 15, 2024

DM_US 207551512-4.117616.001