The terms of service are only available in English at this time. We thank you for your understanding.
SubCalc Terms of Service
SubCalc Inc. ("SubCalc") welcomes you. SubCalc provides the SubCalc Services (defined below) to you subject to the following Terms of Service ("TOS"). We expressly reserve the right to change the TOS from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the TOS once in a while and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified TOS and agreement to abide and be bound by the modified TOS.
You
understand and agree that the SubCalc Service is provided "AS-IS"
and that SubCalc assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications,
or personalization settings. You are responsible for obtaining access
to the SubCalc Services, and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the SubCalc
Services.
You
understand that the technical processing and transmission of the
SubCalc Services, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
In
consideration of your use of the SubCalc Services, you represent that
you are of legal age to form a binding contract and are not a person
barred from receiving the SubCalc Services under the laws of the
United States, Canada, or other applicable jurisdiction. SubCalc and
its associates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole
discretion.
Registration
Data and certain other information about you are subject to our
applicable privacy policy. For more information, see the full SubCalc
Privacy Policy at http://www.subcalc.com/pp. You understand that
through your use of the SubCalc Services you consent to the
collection and use (as set forth in the applicable privacy policy) of
this information, including the transfer of this information to the
United States, Canada, and/or other countries for storage, processing
and use by SubCalc.
You understand that
all information, data, text, messages, tags, or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such
Content originated. This means that you, and not SubCalc, are
entirely responsible for all Content that you upload, post, transmit
or otherwise make available via the SubCalc Services. You understand
that by using the SubCalc Services, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will SubCalc be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the
SubCalc Services.
You agree to not use the SubCalc Services to:
1. impersonate any person or entity, including, but not limited to, a SubCalc official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SubCalc Service;
3. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. interfere with or disrupt the SubCalc Services or servers or networks connected to the SubCalc Services, or disobey any requirements, procedures, policies or regulations of networks connected to the SubCalc Services.
6. intentionally or unintentionally violate any applicable local, state, national or international law;
7. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
8. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
9. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
10. use automated scripts to collect information from or otherwise interact with the Service or the Site;
11. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
You acknowledge that SubCalc does not normally screen content, but that SubCalc and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the SubCalc Services. Without limiting the foregoing, SubCalc and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SubCalc or submitted to SubCalc, including without limitation information in SubCalc comment sections, titles, descriptions, and in all other parts of the SubCalc Services. In particular, you agree that any advice and/or information obtained from the SubCalc concering dosages and other information for supplements, drugs and other substances cannot be exclusively relied upon, and should be used as corroborative information only.
You acknowledge, consent and agree that SubCalc may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SubCalc, its users and the public.
When you register with SubCalc, you acknowledge that in using the SubCalc Services to send electronic communications (including but not limited to email, search queries, adding comments, uploading photos, and other Internet activities), you will be causing communications to be sent through SubCalc's computer network, located internationally. As a result, and also as a result of SubCalc's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Although this site 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 Canada, 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. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
SubCalc does not claim ownership of Content you submit or make available for inclusion on the SubCalc Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the SubCalc Services, you grant SubCalc the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1. With respect to Content you submit or make available for inclusion on publicly accessible areas of the SubCalc Site (Such as comments), the perpetual, irrevocable and fully sublicensable license to publish, translate, publicly perform and publicly display such Content (in whole or in part) solely for the purpose for which such Content was submitted or made available.
"Publicly accessible" areas of the SubCalc Services are those areas that are intended by SubCalc to be available to the general public for viewing and otherwise.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the SubCalc Services (including Content, advertisements, Software and your SubCalc ID).
You acknowledge that SubCalc may establish general practices and limits concerning use of the SubCalc Services, including without limitation the maximum number of days that uploaded Content will be retained by the SubCalc Services, the maximum disk space that will be allotted on SubCalc's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the SubCalc Services in a given period of time. You agree that SubCalc has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the SubCalc Services. You acknowledge that SubCalc reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SubCalc reserves the right to modify these general practices and limits from time to time.
SubCalc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SubCalc Services (or any part thereof) with or without notice. You agree that SubCalc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SubCalc Services (or any part thereof).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SubCalc Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SubCalc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SubCalc Services.
The SubCalc Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that SubCalc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SubCalc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the SubCalc Services and any necessary software used in connection with the SubCalc Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the SubCalc Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SubCalc or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the SubCalc Services, such Content or the Software, in whole or in part.
SubCalc grants you a personal, non-transferable and non-exclusive right and license to access the site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (including, but not limited to javascript and jquery code on the web pages), sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the html forms, jquery, or javascript in any manner or form (other than normal modifications that occur on the site as a result of normal use as stipulated below), nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the SubCalc Services. You agree not to access the SubCalc Services by any means other than through the interface that is provided by SubCalc for use in accessing the SubCalc Services.
This license does not include any resale or commercial use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without express written consent of SubCalc.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SubCalc SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SubCalc SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE PROVIDING SubCalc AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WHEN YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
2. SubCalc IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS 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.
3. SubCalc AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SubCalc SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SubCalc SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SubCalc SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SubCalc SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SubCalc AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SubCalc IN THE THREE MONTHS PRECEEDING THE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
You agree to indemnify and hold SubCalc and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the SubCalc Services, your use of the SubCalc Services, your connection to the SubCalc Services, your violation of the TOS, or your violation of any rights of another.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use, or otherwise.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
You may terminate your SubCalc account, any associated email address and access to the SubCalc Services by submitting such termination request to SubCalc.
6. You agree that SubCalc may, without prior notice, for any reason, or no reason, immediately terminate, limit your access to or suspend your SubCalc account, delete your profile and any content or information that you have posted on the Site or through any Platform Application, prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application), and/or change or discontinue any or all of the Services provided on the Site or any Platform Application. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.
7. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.
SubCalc may provide you with notices, including those regarding changes to the TOS, by methods including by but not limited to email, postings on the SubCalc Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the SubCalc Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the SubCalc Services in an authorized manner.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SubCalc or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SubCalc, with copyright authorship for this collection by SubCalc, and protected by international copyright laws.
You agree that all of SubCalc's trademarks, trade names, service marks and other SubCalc logos and brand features, and product and service names are trademarks and the property of SubCalc Inc. (the "SubCalc Marks"). You agree not to display or use SubCalc's trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SubCalc. All other trademarks not owned by SubCalc or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SubCalc or its subsidiaries.
This site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California with respect to such matters, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Entire Agreement. The TOS constitutes the entire agreement between you and SubCalc and governs your use of the SubCalc Services, superseding any prior version of this TOS between you and SubCalc with respect to the SubCalc Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SubCalc services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of SubCalc to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SubCalc account is non-transferable and any rights to your SubCalc ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SubCalc Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our customer care group.
Last updated December, 12, 2014