Terms of Use

Calabrio, Inc. (“Calabrio”) makes this site, including all information, documents, communications, files, text, graphics, software, and products available through the site available for your use subject to the terms and conditions set forth in this document and any changes to this document that Calabrio may publish from time to time. Information on this site is subject to change without notice and does not represent a commitment on the part of Calabrio.

By accessing or using this site in any way, including, without limitation, downloading any files or documents, or merely browsing the site, you agree to and are bound by these Terms of Use.

For specific information on how we protect personal information online, as well as information on submitting requests, please see our Privacy Policy.

By using this website, you consent to all actions taken by us with respect to your information in compliance with the Website Privacy Policy.

Unless specifically provided otherwise in this website, any communications and materials you send to this website are sent on a non-confidential basis. We further shall have the right to use such communications or materials for any purpose whatsoever and without any obligation to pay you compensation for such use.

When you visit pages on our website, our web servers automatically recognize your browser’s domain name and IP address but do not recognize or retrieve any information related to your identity. For specific information on how we use cookies on our website, please see our Privacy Policy. If you do not wish to allow cookies, please disable cookies before continuing to use this website. If you choose to disable cookies, some areas of the website may be functionally limited.

All content provided on this site is owned by or licensed to Calabrio and/or its affiliates or their respective licensors (the “Calabrio Content”) and protected by United States and international copyright laws. Calabrio, its affiliates, and their respective licensors retain all proprietary rights to the Calabrio Content. Except as expressly permitted in these Terms of Use, the Calabrio Content may not be reproduced, transmitted or distributed without the prior written consent of Calabrio.

You may use information on Calabrio products and services made available by us for downloading from the website, provided that you

Do not remove any proprietary notice language in all copies of such documents,
Use such information only for your personal, non-commercial purpose,
Make no modifications to any such information
Do not make any additional representations or warranties relating to such documents.

The trademarks, service marks, trade names and logos on this site are trademarks of Calabrio and/or its affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

The information presented on or through the Website is made available solely for general information purposes and do not constitute legal advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

This website may include content provided by third parties, including materials provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Calabrio, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Calabrio. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. You acknowledge that we have no control over the content of those sites or resources. We provide access to these sites for your convenience only, and accessing such sites is done at your sole risk.

Calabrio uses reasonable efforts to include accurate and up-to-date information on this site; it does not, however, make any warranties or representations as to its accuracy or completeness. Calabrio periodically adds to, changes, improves, or updates the information and documents on this site without notice. With regard to articles, white papers and other information contained on this site, such information is intended solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules, and regulations there may be delays, omissions or inaccuracies therein. Accordingly, any such information on is provided with the understanding that the author(s) and publisher(s) are not herein engaged in rendering professional advice or services. As such, it should not be used as a substitute for consultation with a competent adviser. Before making any decision or taking any action, the reader should always consult a professional adviser.

Your use of this site and the information in the documents contained herein are at your Own risk. The information in the documents is provided on an “as is” basis and without Any representation, obligation, or warranty from calabrio of any kind, whether express Or implied, including without limitation warranties of merchantability, fitness for a Particular purpose, and non-infringement. By using the information in the documents You are acknowledging that you have read this disclaimer, understand it and agree to Abide by, and be bound by, its provisions.To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, Statutory, or otherwise, including but not limited to any warranties of merchantability, Non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under Applicable law.

Arbitration

A. Pre-Arbitration Dispute Resolution – In the event of any Dispute arising between you and Calabrio, including disputes relating to the use of Calabrio’s website, one party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). Calabrio’s email address for Notice is [email protected].  The Notice must describe the nature and basis of the Dispute, and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree, to attempt to resolve the Dispute.  The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree.  In the event that the Dispute is not resolved by the end of such thirty (30) day (or longer) period, then either party may commence arbitration, as further described below.   

B. Arbitration – If the parties are unable to resolve a Dispute through the good faith negotiation procedure set forth in Section 16(B), then you and Calabrio agree that such Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to this Agreement (including the SMS Term, below), and your receipt of text messages or email messages from Company or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO Calabrio’s Terms and Conditions, YOU AND CALABRIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.  

C. Exceptions – Notwithstanding subsection (C) above, nothing in this Agreement, including the Terms & Conditions, will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (ii) file suit on an individual basis in small claims court for applicable claims.

D.  Arbitration Process – Unless otherwise agreed upon by the parties in writing, the arbitration shall be conducted before one arbitrator in New York, New York or by video conference (at the claimant’s election), and will be governed by National Arbitration and Mediation’s (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time the arbitration is commenced, as may be modified by this Agreement, applicable mass arbitration rules.  The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550.  The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.  

E.  Fees – If you commence arbitration in accordance with this Section 16, you will pay the Initial Administrative Fee in accordance with NAM’s then-applicable fee schedule. If the claim is for $15,000 or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the NAM Rules. In that case, you agree to reimburse us for all monies we previously paid to NAM pursuant to the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator’s ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.

F.  No Class Actions – To the fullest extent permitted by applicable law, you and Calabrio agree that ANY CLAIMS BROUGHT BY YOU AGAINST US MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

G.  Enforceability – In the event that the class action waiver in Section 16(G), above, is found to be unenforceable for any reason, the remainder of this Section 16 shall also be unenforceable.

In no event will calabrio, its suppliers, or third parties mentioned at this site be liable for Any special, indirect or consequential or any damages whatsoever (including, without Limitation, those resulting from lost profits, lost data or business interruption) arising Out of the use, inability to use, or the results of use of this site, any web sites linked to This site, or the materials or information contained at any or all such sites, or in Connection with the use or performance of software or of failure to provide services, Whether based on warranty, contract, tort, negligence or any other legal theory and Whether or not advised of the possibility of such damages. Because some jurisdictions Prohibit the exclusion or limitation of liability for consequential or incidental damages, The above limitation may not apply to you.

You shall hold harmless, defend and fully indemnify us against any claims, proceedings, damages, costs, expenses or liabilities whatsoever arising out of or relating to your use of this website.

These Terms of Use shall be governed by the laws of the State of New York. Any claims or suits arising from or related to these Terms of Use or your access and/or use of this website shall be brought exclusively in the United States District Court for the Southern District of New York or in state courts located in New York County, New York and you irrevocably agree to submit to the exclusive jurisdiction of such courts without regard to the principles of conflict of laws. Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction rules that any provision contained in these Terms of Use is invalid, then that provision will be deemed to be removed from these Terms of Use without affecting the remainders provisions, and the remaining provisions will be deemed to be valid and enforceable.