NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS.
Certain information, documents, materials and services provided on and through the Site(s), including content, logos, graphics and images (together, the “ Materials”) are made available to you by Kalkul and are the copyrighted and/or trademarked work of Kalkul or Kalkul’s contributors.
Kalkul grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Materials on the Site(s) solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site(s) or any Materials.
Note that Kalkul products purchases on the Site(s) are not returnable except as set forth in the Kalkul Return Policy and Limited Warranty, which can be found at kalkul.io/warranty.
If you place any orders for products on the Site(s), you are expressly agreeing that Kalkul is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Kalkul in connection with your use of the Site(s) and the services on the Site(s). You agree that the fees will be billed to your credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. If payment is not received or cannot be charged to your credit card for any reason in advance of shipping your order, Kalkul reserves the right to either suspend or terminate your order.
Kalkul reserves the right, at any time, to change its prices and billing methods for products sold, effective immediately upon posting on the Site(s) or by electronic communications to you.
By using the Site(s), you consent to receiving electronic communications from Kalkul. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site(s) and services. These electronic communications are part of your relationship with Kalkul and you receive them as part of your subscription to the Site(s). You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Site(s) may be linked to other sites that are not Kalkul sites. Kalkul is providing these links to you only as a convenience, and Kalkul is not responsible for such linked sites (including, without limitation, the content, products, services or links displayed on such sites).
Kalkul is a trademark of Kalkul Inc. Other trademarks, names and logos on the Site(s) are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Site(s), including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Kalkul, Copyright © 2016 Kalkul Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
If you provide Kalkul with verbal feedback and/or written feedback related to your use of the Site(s) and/or the Kalkul products including, but not limited to, a report of any errors which you may discover in the Site(s) and/or the Kalkul products or related documentation or suggestions for improvements or changes to the Site(s) and/or the Kalkul products, you hereby grant Kalkul a perpetual, irrevocable right to use such feedback to develop and improve the Site(s) and/or any Kalkul product or service.
Your use of the Site(s), Materials and/or the services is at your own risk. The Third Party Content has not been verified or authenticated in whole or in part by Kalkul, and it may include inaccuracies or typographical or other errors. Kalkul does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on the Site(s). Kalkul has no liability for any errors or omissions in the Materials or the Third Party Content, whether provided by Kalkul or our licensors.
KALKUL, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE(S), MATERIALS, YOUR APPLICATIONS OR KALKUL’S HOSTING THEREOF, THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) AND/OR THE RESULTS OBTAINED FROM THE USE OF THE SITE(S) OR MATERIALS, INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT OR SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE(S), THE THIRD PARTY CONTENT, THE HOSTING OF YOUR APPLICATIONS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KALKUL DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
IN NO EVENT WILL KALKUL AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE(S), THE USE OR PERFORMANCE OF THE SITE(S), THE DELAY OR INABILITY TO USE THE SITE(S), OR FOR ANY INFORMATION, THIRD PARTY CONTENT, YOUR APPLICATIONS, SUBMISSIONS OBTAINED THROUGH THE SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KALKUL OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE(S), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE(S). THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS KALKUL’S LIABILITY OR YOUR REMEDIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL KALKUL’S AND/OR ITS SUPPLIERS OR LICENSORS TOTAL CUMULATIVE LIABILITY TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) EXCEED THE GREATER OF THE PURCHASE PRICE OF THE PRODUCTS PURCHASED ON THE SITE(S) IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST KALKUL.
If you violate these Terms, Kalkul may terminate and/or suspend your right to access the Site(s) or suspend or cancel your orders, in each case without notice.
Kalkul’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Kalkul and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Kalkul about the Site(s). The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms.
KALKUL INC., 2-16-10 TOMIGAYA, HOUSE 3F, 151-0063 TOKYO, JAPAN