Terms Of Use

Family Achieve Therapy and Education Services, Inc. (F.A.T.E.S., Inc. or  “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at www.calmwithcharacter.com (the “Site” or Calm with Character, or 2C) and through our related technologies (collectively, the Site, including any updated or new features, functionality and technology, the “Service”).  All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

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We reserve the right to change these Terms at any time and at its sole discretion. 

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These Terms of Use (these ”Terms”) apply when you access or use the www.calmwithcharacter.com website. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Calm with Characeet if you violate these Terms.

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Calm with Character is F.A.T.E.S., Inc.'s signature program comprised of training, curriculum, videos, and resources via online and through a virtual community.

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Calm with Character (2C) products and services are intended for informational purposes.  Users can select from a variety of options to create customized wellness, social emotional learning, relaxation and self-improvement sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.

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Disclaimer and Warranties

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You understand and agree that the Services, Products, Programs and any other information you learn from 2C are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.  Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

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F.A.T.E.S., Inc. makes no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE F.A.T.E.S.,INC. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

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Purchases and Fees

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Calm with Character (2C) offers certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services and Programs. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.  If you choose to initiate a Transaction via the Services and Programs, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that 2C may charge your credit card or third party payment processing account, including, for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on 2C until accepted and confirmed by 2C. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

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If you have any concerns or objections regarding charges, you agree to raise them with 2C first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with 2C.

 

2C reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances 2C deems appropriate in its sole discretion. 2C also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). 2C will either not charge you or refund the charges for orders that we do not process or cancel.

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Accounts

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To access certain areas and features of the Services, you must register for an account. If you register an account, you will (a) provide accurate, truthful, current, and complete account information; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the security of your account; (d) promptly notify 2C if you discover or otherwise suspect any security breaches related to the Services; and (e) accept all risks of unauthorized access to your account information and any other information you provide to 2C.

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Copyright and Limited License

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Unless otherwise indicated, the Services and all content and other materials in the Services, including, without limitation, the Calm with Character logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the ”2C Materials”) are the proprietary property of 2C or its licensors and are protected by United States and international copyright laws.

Notwithstanding any agreement you may have with 2C that includes broader license rights to the Services or any 2C Materials therein, you are granted a limited, non-exclusive, non-sublicensable, revocable license to (i) access and use the Services, (ii) download 2C Materials that are expressly provided through the Services for download, and (iii) electronically copy (except where prohibited without a license) and print to hard copy parts of the 2C Materials, but in each instance solely for your informational, non-commercial, and personal use or otherwise in accordance with a written agreement between you and 2C. This license is subject to these Terms and, except as expressly permitted on the Services or under a separate written agreement between you and 2C, you do NOT have the right to do any of the following: (a) sell, resell, or commercially use the Services or the 2C Materials; (b) distribute, publicly perform, or publicly display any part of the 2C Materials; (c) publish or reproduce any part of the 2C Materials on the Internet or any external websites, networks, or servers; (d) modify or otherwise make any derivative uses of any part of the Services or the 2C Materials; (e) use any data mining, robots, or similar data gathering or extraction methods; (f) download (other than via page caching) any part of the Services or the 2C Materials that are not expressly provided by 2C for download; or (g) use any part of the Services or the 2C Materials for anything other than for their intended purposes. You will not obscure any copyright notices or other legends or notices appearing on any part of the 2C Materials and will ensure that all permitted copies of the 2C Materials contain the same copyright notice and other legends or notices that appear on the copies provided by 2C or as otherwise may be instructed by 2C. Any use of the Services or the 2C Materials other than as specifically authorized by these Terms or in writing by 2C is strictly prohibited and will terminate your license and rights to use the Services and the 2C Materials. Such unauthorized use also may violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

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Trademarks

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Calm with Character name, product or service or slogan contained in the Services are registered trademarks of Family Achieve Therapy and Education Services, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 2C or the applicable trademark holder. You may not use any metatags or any other ”hidden text” utilizing ”Calm with Character” or any other name, trademark, or product or service name of 2C without 2C’s prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, or trade dress of 2C and may not be copied, imitated, or used, in whole or in part, without 2C’s prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by 2C.

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Termination; Modification to the Services

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2C reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services. 2C reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or parts thereof, without prior notice, and disclaims all liability for any modification, suspension, or discontinuance of the Services, or any part thereof.

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Indemnification

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You agree to defend, indemnify, and hold harmless F.A.T.E.S., Inc., its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “F.A.T.E.S., Inc. Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.

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Limitation of Liability

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To The Maximum Extent Permitted By Applicable Law, In No Event Shall 2C Or Its Independent Contractors, Suppliers, And Consultants Or Their Respective Directors, Officers, Employees, And Agents (Collectively, The ”2C Parties”) Be Liable For Any Direct, Indirect, Punitive, Incidental, Special, Or Consequential Damages Or Any Other Damages Whatsoever (Including, Without Limitation, Damages For Loss Of Use, Data, Or Profits) Arising Out Of Or In Any Way Connected With The Use Or Performance Of The Services, With The Delay Or Inability To Use The Services Or Related Services Or The Content Contained Therein, Including, Without Limitation, Any Damages Caused By Or Resulting From Reliance On Any Information Obtained From 2C Or From Mistakes, Omissions, Interruptions, Deletion Of Information, Errors, Defects, Viruses, Delays In Operation Or Transmission. Or Any Failure Of Performance, Whether Or Not Resulting From Acts Of God, Communications Failure, Theft, Destruction Or Unauthorized Access To The Services Or 2C’s Records, Whether Based On Contract, Tort, Negligence, Strict Liability, Or Otherwise, Even If Any Of The 2C Parties Have Been Advised Of The Possibility Of Damages. Because Some States Or Jurisdictions Do Not Allow The Exclusion Or Limitation Of Liability For Consequential Or Incidental Damages, Some Or All Of The Above Limitations Of Liability May Not Apply To You. If You Are Dissatisfied With Any Part Of The Services, Or With Any Part Of The Services, Or With Any Of These Terms, Your Sole And Exclusive Remedy Is To Discontinue Using The Services.

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Governing Law and Venue

To the maximum extent permitted by law, these Terms are governed by, and will be construed in accordance with and enforced by, the laws of the State of California, USA, without regard for its choice of law provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms (including this paragraph).

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No Waiver

Enforcement of these Terms is solely at 2C’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of 2C’s right to enforce the same or other part of these Terms in other instances.

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