Thank you for visiting the Camomileq website located at www.camomileq.com (the “Site”) and created by Camomile Quotient (“Camomileq” or “we”). These Terms of Service (“TOS”) govern the use of Camomileq online at camomileq.com and on mobile devices (collectively, “Camomileq”).
- Your Account Information and Email
Camomileq provides a personalized content and training experience. When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information“).
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.
Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
- Intellectual Property
Camomileq is protected by international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Camomileq content in any form outside of Camomileq and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Camomileq content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets”. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Camomileq. All intellectual property rights in Camomileq are, as between you and Camomile Quotient, the sole and exclusive property of Camomile Quotient.
Some Camomileq features either now or in the future may allow you to post or submit content and materials for publication on Camomileq (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Camomileq or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
- Your License to Use Camomileq
We are providing you with access to Camomileq pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Camomileq for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Camomileq by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Camomileq. Camomile Quotient reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
- Canceling Your Account
While we hope you enjoy using Camomileq, you may cancel your account at any time by contacting us.
- Restrictions and Prohibited Uses
Except with our written permission, you shall not:
- Attempt to impersonate another person or use another person’s Camomileq account information without authorization;
- Use or distribute Camomileq for your own scientific or clinical research purposes;
- Violate or attempt to violate Camomileq’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Camomileq systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy Camomileq, including cracking its flash (.SWF) files;
- Use Camomileq for the purpose of creating a product with a substantially similar look, feel or design;
- Access or search Camomileq by any means other than our publicly supported interfaces (for example, “scraping”);
- Interfere with others’ use and enjoyment of Camomileq;
- Use Camomileq or any trademarks, game names, trade names, service marks, copyrights, or logos of Camomile Quotient, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your Camomileq account, and may also subject you to civil or criminal penalties.
YOU AGREE THAT USE OF CAMOMILEQ IS AT YOUR OWN SOLE RISK AND THAT CAMOMILEQ IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAMOMILE QUOTIENT AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING CAMOMILEQ, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
CAMOMILE QUOTIENT STRIVES TO MAINTAIN CAMOMILEQ ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO CAMOMILEQ AT ALL TIMES.
CAMOMILEQ IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND CAMOMILEQ IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.
COMMENTARY AND OTHER MATERIAL POSTED ON OUR SITE ARE NOT INTENDE TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS.
- Limitation of Liability
IN NO EVENT SHALL CAMOMILE QUOTIENT OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO CAMOMILEQ FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO CAMOMILEQ; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF CAMOMILEQ; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CAMOMILE QUOTIENT AND YOU. YOU UNDERSTAND THAT CAMOMILEQ WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
- DMCA Contact
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Camomileq, you may contact us by email email@example.com.
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on Camomileq;
- your mailing address, telephone number, and if available, email address;
- a statement by you that you have a good faith belief that the use of the material on Camomileq is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
You will indemnify and hold harmless Camomile Quotient, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Camomileq, Your Content, or the violation of the TOS by you.
- Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION 10 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against Camomile Quotient, you agree to try to resolve the dispute by contacting us in writing at Camomile Quotient., ATTN: DISPUTE NOTICE by email to firstname.lastname@example.org. Before we file a claim against you, we agree to contact you at the email address associated with your Camomileq account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
YOU AGREE THAT YOU AND CAMOMILE QUOTIENT WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO CAMOMILEQ OR YOUR USE THEREOF, INCLUDING
THESE TOS (collectively, “ARBITRAL CLAIMS”)
, with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability,
or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Camomileq or by posting an updated TOS on Camomileq at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Camomileq following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(c) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Camomile Quotient on Camomileq, the TOS shall govern, unless otherwise indicated. Sections 2-11 shall survive any termination of the TOS.