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<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="UTF-8">
<meta http-equiv="X-UA-Compatible" content="IE=edge">
<meta name="viewport" content="width=device-width, initial-scale=1.0">
<title>Cronometer</title>
<link rel="stylesheet" href="./styles/footer.css">
<link rel="stylesheet" href="./styles/navbar.css">
<link rel="stylesheet" href="./styles/terms.css">
<script src="https://kit.fontawesome.com/c0adbb8084.js" crossorigin="anonymous"></script>
</head>
<body>
<div id="navbar_container">
</div>
<hr>
<div class="terms_container">
<p class="p_terms">
<p class="terms_makeitbold">TERMS OF SERVICE</p>
<br>
Date:September 25,2017
<br>
<br>
</p>
<p class="p_termsheading">
<p class="terms_makeitbold">INTRODUCTION AND DEFINITIONS</p>
<p id="terms_intro">
Welcome to Cronometer! The following terms and conditions of use and end user license agreement (the
“Terms”) constitute an agreement between you, or if you are under the age of majority in your local
jurisdiction, your parent or legal guardian (collectively, “user”, “you” or “your”) and Cronometer Software
Inc. and its affiliates and subsidiaries (collectively, “Cronometer”, “our”, “us” or “we”). These Terms
govern your use of and access to the Site and/or Services (each as specified below) and are a legally
binding agreement between you and Cronometer.
<br>
<br>
“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text,
comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights,
information, data, software, scripts, executable files, recipes, workouts, likes, activities, maps, routes,
nutritional information and data, and any intellectual property therein, any of which may be created,
submitted, or otherwise made accessible on or through the Site and/or Services.
<br>
<br>
“Cronometer Content” means all Content that is not User Generated Content.
<br>
“Services” means all services accessed through the Site;
<br>
<br>
“User Generated Content” or “UGC” means any material whatsoever that a user, including you, submits,
creates, transfers or otherwise makes available by access to the Site or through the Services, including but
not limited to messages, information, images, data or in-media screen shots, video, audio or other Content
posted in any public or private area within the Site or through the Services; and
<br>
<br>
“Site” means cronometer.com its subdomains and/or Cronometer's mobile applications.
<br>
<br>
</p>
<p class="terms_intro_bold">
<p class="terms_makeitbold">ACCEPTANCE OF THESE TERMS AND REVISIONS</p>
<p class="terms_subcontent_makeitbold"> You should carefully review these Terms and Privacy Policy as they are
a legally binding agreement between you and Cronometer, if you do not agree with them, you are not permitted
to access or use the Site and/or Services and you should exit the Site, cease using the Site and/or Services
immediately and, if you have downloaded or installed any of the Content on to your devices, uninstall the
Content from such devices immediately.</p>
By accessing the Site, submitting information to us (regardless of whether you register an account with us) or
downloading, installing or using any of the Content or Services constitutes your agreement to these Terms and
you consent to the collection, use and disclosure of information as described in these Terms and our Privacy
Policy which is incorporated into and forms a part of these Terms. If you do not agree to these Terms you must
not submit information to or register an account with us, access the Site or download, install or use any of the
Content or Services.
<br>
We reserve the right, acting in our sole discretion and at any time, to revise these Terms, including the
Privacy Policy. We will give you notice of such revisions by posting the revisions to the Site. It is your
responsibility to ensure that you are aware of the current Terms when you access or use the Site and/or
Services. If you or a Permitted Minor (defined below) continue to access or use any of the Site and/or Services
after any revisions to these Terms are posted you and/or the Permitted Minor will be deemed to have accepted
those revisions.
</p>
<p class="terms_hardware">
<p class="terms_makeitbold">HARDWARE, SOFTWARE AND CONNECTIVITY</p>
You are responsible for maintaining an account with any social networking service through which you connect to
the Site and Services, necessary to connect to the Site and Services, and you are responsible for any fees,
including internet connection, mobile data services and similar third party fees that you incur when accessing
the Site and/or Services.
</p>
</p>
<ol>
<li>
<p>USE OF SERVICES AND OUR ACCOUNT</p>
</li>
<ol type="A">
<li>
<p>Who can use the Services</p>
</li>
<p>The Site and Services are not intended for and should not be used by Children under the age of 13.
</p>
<p class="terms_subcontent_makeitbold">If you are under the age of majority in your local jurisdiction
and your parent or legal guardian has not accepted these Terms, you are not permitted to access or
use the Site and/or Services and you must exit the Site, cease using the Site and/or Services
immediately until your parent or legal guardian has accepted these Terms.</p>
<p>Cronometer requires that all users of the Site and/or Services adhere to these Terms. Please note
that all persons who are under the age of majority in their local jurisdiction must have their
parent or legal guardian accept these Terms on their behalf and take full responsibility for
compliance with these Terms by all persons who access or use the Site and/or Services and for whom
they are legally responsible. <br>
By accessing or using the Site and/or Services and/or permitting access to the Site and/or Services
by a person below the age of majority in your local jurisdiction (each a “Permitted Minor”), and/or
by clicking a box or button, or allowing a Permitted Minor to click a box or button, that states
that you accept or agree to these Terms, you confirm your acknowledgment and acceptance of these
Terms and you hereby guarantee that such Permitted Minor shall adhere to these Terms.
<br>
If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you
represent and warrant that your parent or legal guardian has accepted these Terms and has guaranteed
your adherence to these Terms.
</p>
<li>
<p>User Accounts and Security</p>
</li>
<p>
In order to access and use certain features of the Site, and/or Services you may be required to
register an account (the “Account”) through the Site or Services. When you register or update an
Account, you will be required to provide us with certain personal information, which may include
your e-mail address and/or payment information, to select a user name and password (the “Login
Information”), and to grant express consent to Cronometer to contact you through the e-mail address
provided. This Login Information will be retained and used by Cronometer in accordance with its
Privacy Policy. You agree that all Login Information provided by you will be accurate and complete
and that you will promptly update such Login Information if and when it changes.
<br>
You are responsible for protecting the confidentiality of your Login Information, and for
restricting access to your computer, device or media system platform, and you agree to accept
responsibility for all activities that occur under your Account. You are not permitted to share your
Account(s) or Login information or to allow any other person to access to your Account(s). You agree
to notify us immediately if you suspect or become aware of any unauthorized use of your Login
Information or your Account(s), or any other security breach involving your Account(s) or the Site
and/or Services at [email protected]. We are not responsible for any unauthorized access of
your Account(s) or Login Information even if you have advised us of a such. You are responsible for
all activities that occur under your Account(s), including but not limited to purchases, whether or
not such activities have been authorized by you. Cronometer strives to ensure the security of user’s
data, UGC and accounts, however, we cannot guarantee that unauthorized third parties will not
circumvent our security measures.
<br>
We hereby apprise you that leaving your Cronometer application or webpage open, however convenient,
poses a security risk for you and/or any Permitted Minor and we strongly recommend that you logoff
and exit the Account at the end of each session.
</p>
<li>
<p>User Names</p>
</li>
<p>Your user name may be publicly visible in certain areas of the Site and/or Services. For this reason,
you should avoid choosing a user name that could compromise the security of any of your personal
information. We reserve the right to reject and/or remove any user name and to require you to choose
a different user name at any time, for any reason, and acting in our sole and absolute discretion,
including but not limited to a third party claim that the user name violates its rights. You agree
that you will not select or use a user name that is the name of, or makes reference to, another
person or entity for the purposes of impersonating that person or entity or for falsely creating the
appearance that you are associated with the person or entity. Furthermore, you agree that you will
not select or use a user name: (i) in which another person or entity has legal rights unless you
have that person or entity’s express permission to do so; or (ii) that a reasonable person would
consider to be offensive.</p>
<li>
<p> Accessing your Account(s)</p>
</li>
<p>
Each time that you and/or a Permitted Minor log into and access an Account, you represent and
warrant that:
(i) you are the person who registered the Account or are a Permitted Minor of such person;
(ii) all of the personal information registered in connection with the Account is current, complete
and accurate;
(iii) you and/or the Permitted Minor are accessing the Site and using the Services solely for lawful
purposes and in strict compliance with these Terms;
(iv) you and/or any Permitted Minor are accessing the Site and/or Services solely for your own
personal, non-commercial purposes;
(v) you are not, and are not acting on behalf of, any competitor or prospective competitor of
Cronometer or its affiliates or subsidiaries;
(vi) you and/or any Permitted Minor are not accessing the Site and/or Services for the purposes of
any dispute or litigation involving Cronometer or its affiliates or subsidiaries; and
(vii) you and/or any Permitted Minor are not accessing the Site and/or Services for any illegal
purpose or to advertise, solicit or communicate with other users for any commercial purpose.
(e) Updates and Discontinuance of Site or Services
You acknowledge and agree that the Site and Services are under continual development and may include
public patches and/or updates, which are generally available to all users, or private patches and/or
updates which are available to a smaller number of users for testing and feedback before being made
generally available. You further acknowledge and agree that you may be required to accept public
patches and updates to the Site and/or Services from time to time in order to continue to access the
Site and/or Services and your related Account(s). You acknowledge and agree that Cronometer may
update, modify, patch and/or discontinue any aspect of the Site and/or Services, by remotely
installing updates and patches or otherwise, without your consent or approval and with or without
prior, or any, notice to you and that the Terms apply to those updates and modifications. We do not
have any obligation to provide updates or modifications or to continue to provide particular
Services.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware
and devices from time to time in order to continue to access and use the Site and/or Services and
your related Account(s). Cronometer reserves the right to modify or increase the system
specifications necessary to access and use the Site and/or Services at any time and without notice
and you are responsible for purchasing any necessary additional technology, systems or services in
order to continue to access and use the Site and/or Services and/or your related Account(s) in the
event of any change in the system specifications.
Cronometer reserves the right, at any time and without notice or liability to you, to update, modify
and/or reset certain parameters of the Site and/or Services any of which may impact the status,
progress or achievements of items or features under your control or associated with your Account(s).
</p>
<li>
<p>Changes to Cronometer</p>
</li>
<p>
Cronometer reserves the right, acting in its sole discretion and with or without prior notice to
you, to do any of the following:
(i) modify, suspend or terminate operation of, or access to, any portion, features or functions of
the Site and/or Services including, but not limited to, hours of availability, geographical
availability and applicable policies or terms;
(ii) make changes to any fees or charges, if any, related to your use of the Site and/or Services;
(iii) make changes to the equipment, hardware or software required to use and access the Site and/or
Services; and
(iv) interrupt the Site and /or Services, or any portion thereof, as necessary to perform routine or
non-routine maintenance, error correction or other modifications.
</p>
<li>
<p>Service Monitoring and Suspension</p>
</li>
<p>
Cronometer may monitor, terminate or suspend your Account or our Services at any time.
Cronometer may immediately, and without prior notice, terminate your ability to access the Site
and/or Services or portions thereof for any reason including, without limitation:
(i) if you or any Permitted Minor violate or otherwise fail to strictly comply with any term or
provision of these Terms,
(ii) if we have determined that your use has created or potentially created risk or legal exposure
for Cronometer, or
(iii) in response to requests by law enforcement or other government agencies. Upon termination of
these Terms for any reason, you must cease use of your Account(s), cease accessing the Site and
Services and promptly destroy all electronic and other copies of all Content, including all related
documentation.
You acknowledge and agree that any termination or suspension of your Account may be made by us in
our sole discretion and that we shall not be liable to you or any third-party for any termination or
suspension of your Account, your access to the Site or Services or for the removal of any of the
materials uploaded or contributed by you to the Site.
</p>
<li>
<p>Consent to Receive Communications</p>
</li>
<p>
You consent to receive electronic communications from Cronometer either in the form of email sent to
you at the email address listed on your Account or by communications posted on the Site. You
acknowledge and agree that any electronic communication in the form of such email or posting on the
Site shall satisfy any legal requirement that such communication be in writing.
Upon registering an Account, you may receive email communications regarding the operations of our
Services. You cannot opt out of receiving these communications while you continue to use our
Services. You may also receive promotional emails while you use our Services. You can opt out of
these emails at any time by using the unsubscribe feature located in the footer of such email or by
managing your Account settings accordingly. You may also receive messages and other electronic
communications from other users. You can manage the communications you receive from other users in
our Services by managing the settings on your Account(s).
</p>
<li>
<p>Data Collection and Ownership</p>
</li>
<p>Cronometer may collect data which is anonymous and associated with your computer, mobile device,
and/or media system platform and which includes, but is not limited to, your city, actions you take
within and outside the Services, your hardware/software/firmware, the browser you use, the date and
time of your use of the Services, your in-media time, activities, purchases, badges, and in full
compliance with HIPAA and Privacy laws, and on an aggregated and anonymous basis, your diary
entries, data and notes, recipes, targets and profile ("Usage Data"). You agree that your
contribution to the Usage Data will be owned by Cronometer without providing compensation to you or
any other person and without any liability whatsoever.</p>
<li>
<p>Security Reporting</p>
</li>
<p>Cronometer accepts third-party reports of security issues, within certain limits. Please read our
Bug Bounty and Security Reporting Terms before conducting any security research regarding
Cronometer.</p>
</ol>
<li>
<p>PAYMENT TERMS - PREMIUM SERVICES (Gold and Professional Editions)</p>
</li>
<p>If you choose to subscribe to any of our premium Services, these are the payment and billing terms that
apply. Paid services and billing will auto-renew unless you cancel. You may cancel at any time.
</p>
<ol type="A">
<li>
<p> Payment Terms</p>
</li>
<p>
We offer certain premium versions of the Services (e.g. Gold Edition and Professional Edition) (the
“Premium Services”) for a fee. By subscribing for any of the Premium Services, you agree to our
Terms, and any additional terms and conditions that are provided here.
The Premium Services provide you access to certain enhanced services, features and functionality
(including, for example, a free mobile app, enhanced trends and analysis, an ad-free browsing
experience, the ability to link accounts with friends, our "Ask the Oracle" which recommends best
food for nutrients and priority support). By subscribing for and using the Premium Services, you
agree to pay any fees or other incurred charges that apply to the Premium Services (such as
subscription fees). When you subscribe for the Premium Services, you must designate and provide
information about your preferred payment method (“Payment Method”). This information must be
complete and accurate, and you are responsible for keeping it up to date. You hereby expressly
authorize us to collect from your Payment Method the appropriate fees charged for the Premium
Services and for any other purchases you elect to make via the Premium Services. You can choose to
pay for the Premium Services on a monthly, biannual or annual basis. All fees due for the Premium
Services are payable in advance, and will be billed automatically to the Payment Method at the start
of the monthly, biannual or annual Premium Service period, as applicable. Unless otherwise stated,
Premium Services will auto-renew until you elect to cancel your access to Premium Services.
When you provide any payment account information to Cronometer, you represent to Cronometer that you
are the authorized user of that payment account.
</p>
<li>
<p>Termination and Cancellation of Premium Services</p>
</li>
<p>If you do not pay the fees or charges due for your use of the Premium Services, we may make
reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or
terminate your access to the Premium Services with or without notice to you.
You may cancel your subscription to the Premium Services at any time through your Account settings
or by submitting a cancellation request to us via email at: [email protected]. The cancellation
of a Premium Service will go into effect at the end of your current billing cycle, and you will have
the same level of access to the Premium Service through the remainder of such billing cycle. For
example, if you are billed on a monthly basis and cancel during a given month, you will be charged
for the entirety of that month and maintain access to the Premium Service through the end of that
month.
There are no refunds for termination or cancellation of your Premium Service. Cronometer reserves
the right, but without any obligation, to review its no refund policy upon request and on a case by
case basis.</p>
<li>
<p>Fee Changes</p>
</li>
<p>
To the maximum extent permitted by applicable laws, we may change the fee we charge for Premium
Services at any time. We will give you reasonable notice of any such pricing changes by posting the
new prices on or through the applicable Premium Service and/or by sending you an email notification.
If you do not wish to pay the new fee, you can cancel the applicable Premium Service prior to the
change going into effect.
</p>
<li>
<p>Refunds, Renewal and Cancellation</p>
</li>
<p>
When you sign up for a recurring subscription, membership or other ongoing Services, you have the
right to cancel the recurring arrangement in writing within seven (7) calendar days after you first
entered into the recurring arrangement and you will receive a full refund of any fees paid within
thirty (30) days. If however, you access, download, install or use the Services related to the
recurring arrangement, you lose your right to withdraw from or cancel the recurring arrangement and
your fees are non-refundable. The period for any auto-renewal or recurring arrangement will be the
same as the period you originally ordered unless otherwise disclosed to you at the time of purchase.
The charges made in connection with any auto-renewal or recurring arrangements will also be at the
same rates as were in effect at the time of your original order unless we give you prior notice of
any change to such charges before such charges are made for any subsequent renewal period. If you
cancel an auto-renewal or recurring arrangement after the seven (7) day cancellation period or after
you have accessed, downloaded, installed or used the Services you ordered, you will not be entitled
to a refund and the cancellation will be effective at the end of the then current recurring period
unless you request an earlier termination date in writing. Cancellation requests must be submitted
by email to Cronometer at: [email protected]
</p>
<li>
<p>Gift, Discount or Coupon Codes</p>
</li>
<p>
If you have received a gift, discount or coupon code (a "Code") to a Premium Service, the following
terms and conditions apply in addition to the terms and conditions of the specific Code. To redeem a
Code, log in to the applicable edition and enter the applicable Code in the subscription process.
All Codes can only be applied to Accounts that are not already subscribing to Premium Services.
Codes cannot be exchanged, refunded or redeemed for cash or payment of Accounts. You are responsible
to use a Code before it expires and expired Codes cannot be refunded or extended. You are also
responsible for cancelling or terminating the Premium Service before the end of the free or a
discounted period if you do not want to continue with the Premium Service at the regular price.
Cronometer may cancel Codes at any time without any liability or responsibility to compensate the
Code holder whatsoever.
</p>
<li>
<p>Promotional Accounts</p>
</li>
<p>
You acknowledge that we may, but are not obligated to, offer certain accounts on a trial and/or
promotional basis (a "Trial Account"). You further acknowledge and agree that we may limit the
number and usage of such accounts in our sole and absolute discretion. If you have acquired a Trial
Account, you agree that we may solicit your Feedback (defined below) concerning your use of the Site
and/or Services and your user experience. Trial Accounts may have limited access to the Site and/or
Services. In order to obtain full access to the Site and/or Services, you may be required to
purchase and/or subscribe to certain Services. </p>
</ol>
<li>
<p>PRIVACY</p>
</li>
<ol type="A">
<li>
<p>Your Privacy</p>
</li>
<p>
Our Privacy Policy explains how we collect, use and disclose information that pertains to your
privacy. The Privacy Policy forms part of the Terms with you and is incorporated herein. For full
details, please refer to our Privacy Policy. By providing personal information via the site you
agree that we will collect, use and disclose your personal information as is necessary to operate
the Site and/or Services and to manage the Privacy Policy and these Terms.You acknowledge and agree
that by providing Cronometer with any personal or proprietary user information through the Site
and/or Services you consent to the transmission of such personal or proprietary user information
over international borders as may be necessary for processing in accordance with Cronometer’s
standard business practices. You should be aware that Linked Sites (defined below) and any third
party services which you may use to access the Services may contain transmission of personal data
provisions and be subject to privacy policies that differ from Cronometer's Privacy Policy.
Cronometer is not responsible for the policies of, or for the storage, handling or transmission
practices or treatment of your personal information by Linked Sites and expressly disclaims any and
all liability related thereto.
</p>
</ol>
<li>
<p> CONTENT OWNERSHIP AND USE</p>
</li>
<ol type="A">
<li>
<p>Trademarks, Logos and Cronometer's Branding</p>
</li>
<p>
The trademarks, logos, signs, symbols, images, and brands (“Marks”) displayed on the Site are the
property of Cronometer and/or our partners and third party licensors. You are prohibited from using
any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on
the Internet without the written permission of Cronometer or such third party which may own the
Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks.
All Content available on or through the Site and/or Services is protected by copyright and/or other
intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting,
displaying, publishing, selling, licensing, creating derivative works or using any Content for
commercial and/or public purposes.
</p>
<li>
<p>Ownership of User-Generated Content</p>
</li>
<p>
You acknowledge that you are responsible for the User-Generated Content that you submit, upload,
post or otherwise make available on or through the Site and/or Services, and that you, and not
Cronometer, have full responsibility for each such submission you make, including its legality,
reliability, appropriateness, and trademark, copyright and other intellectual property ownership.
Before creating User-Generated Content, you must ensure that you either own all intellectual
property rights or are otherwise in a position to grant a license (as defined below) to Cronometer.
</p>
<li>
<p>Suggestions and Feedback</p>
</li>
<p>
You agree that any and all creative ideas, concepts, notes, drawings, suggestions, feedback or other
information that you may provide to Cronometer, whether solicited or unsolicited, as a user or
otherwise, ("Feedback") will be owned by Cronometer, without providing compensation to you or any
other person and without any liability whatsoever, including all intellectual property rights
therein and you hereby irrevocably assign all intellectual property rights throughout the world and
in perpetuity in and to the Feedback to Cronometer and waive all moral rights you may have therein.
Upon request from Cronometer and at Cronometer’s expense, you will fully cooperate and assist with,
execute and deliver all further documents to enable Cronometer to document, acquire, apply for,
prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason
Cronometer is unable to secure any necessary documentation from you to effect the foregoing further
assurances, then you irrevocably designate and appoint Cronometer and its duly authorized officers
and agents as agent and attorney in fact, to act for and on your behalf for the purpose of
documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual
property rights in the Feedback.
Feedback may be posted on our Forums under "Feature Requests" or submitted via email at:
</p>
<li>
<p>User-Generated Content Retention</p>
</li>
<p>
You acknowledge and accept that when you make something publicly available on the Internet, it
becomes practically impossible to take down all copies of it in the future.
<p class="terms_makeitbold">
Following termination of your Account, or if you remove any User-Generated Content from the
Services, we may retain your User-Generated Content for a commercially reasonable period of time for
backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore,
Cronometer and its users may retain and continue to use, store, display, reproduce, share, modify,
create derivative works, perform, and distribute any of your UGC that otherwise has been stored or
shared through Cronometer. Accordingly, the license to your UGC below continues even if you stop
using the Services. When you post something publicly, others may choose to comment on it, making
your UGC part of a social conversation. For more information, please review our Privacy Policy.
</p>
</p>
<li>
<p>Limited End User License</p>
</li>
<p>
Subject to your strict compliance with these Terms, Cronometer hereby grants you a limited,
revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to
access and use the (i) Site, and (ii) Services which you have downloaded, installed, purchased or
subscribed for, as applicable, on a single computer, mobile device or media platform("License"). You
shall not acquire any ownership rights in the Cronometer Content or in any of the Services or the
Site. Except as expressly permitted under these Terms you will have no rights to, either directly or
indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate,
transmit, modify, adapt, enhance, improve, create any derivative works from the Site, and/or
Services, disclose any part or feature of the Site, and/or Services that Cronometer has not publicly
disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services
or the Cronometer Content in whole or in part. You acknowledge and agree that we may modify, suspend
or remove any Content or features of the Site, and/or Services at any time.
For further certainty, you hereby acknowledge and agree that the nutritional data and information
made available to you under the License is Cronometer's exclusive property and is of essential value
to Cronometer and you shall not aggregate and/or republish, in whole or in part, any of the
nutrition data and information.
</p>
<li>
<p>End-User License Term</p>
</li>
<p>
The term of your License commences on the date of your acceptance of these Terms and shall end on
the earlier date of your or Cronometer’s suspension or termination of your Account. Your License
shall terminate immediately, automatically and without notice if you attempt to circumvent any
technical protection measures used in connection with the Site and/or Services or you otherwise
breach these Terms.
</p>
<li>
<p>Grant of License in User-Generated Content to Cronometer</p>
</li>
<p>
In exchange for your access to and use of the Site and/or Services, and to the extent that your UGC
gives rise to any copyright or other intellectual property right, you hereby grant Cronometer an
exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license
to exploit your UGC in any way and for any purpose in connection with the Site and/or Services,
including without limitation, the right to reproduce, copy, adapt, modify, perform, display,
publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known
or unknown and distribute your UGC without notice or compensation to you of any kind for the whole
duration of protection granted applicable intellectual property rights under applicable laws and
international conventions. You hereby irrevocably waive your moral rights to any and all assets,
arising from or connected with such rights, by you and other users in connection with the Site
and/or Services under applicable law. The license granted to Cronometer hereunder and the waiver of
moral rights above will survive any termination of these Terms.
</p>
</ol>
<li>
<p> INTELLECTUAL PROPERTY RIGHTS</p>
</li>
<ol type="A">
<li>
<p>Cronometer's Intellectual Property</p>
</li>
<p>
Cronometer's trademarks, service marks, names, logos and domain names (collectively, our "IP"), and
the look and feel of the Site are our property. All right and title in and to the IP is and will
remain the property of Cronometer and your access to the Site and use of the Services is subject to
the Terms, including the License.
In using our IP, you must not:
(i) display our IP in any manner that implies a relationship or affiliation with, sponsorship, or
endorsement by Cronometer, or that can be reasonably interpreted to suggest editorial content has
been authored by, or represents the views or opinions of, Cronometer or Cronometer's personnel;
(ii) display our IP on your site if your site contains or displays adult content or promotes illegal
activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
(iii) display our IP as the most prominent element or the Cronometer logo as the largest logo
(except as displayed in the image itself) on any page of your site;
(iv) use our IP to disparage Cronometer or our Services or display our IP in a manner that is
misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to
Cronometer;
(v) display our IP on a site that violates any law or regulation; or
(vi) remove, distort or alter any element of any of our logo or any of our trademarks (this includes
squeezing, stretching, inverting, discoloring, etc.).
</p>
<li>
<p>Third Party Intellectual Property Rights</p>
</li>
<p>
You represent and warrant that all User-Generated Content of any kind that is uploaded to or
transmitted through the Site, and/or Services will not violate or infringe upon the rights of any
third party including, but not limited to, any trade secret, copyright, trademark, trade dress,
patent, privacy, confidentiality or other personal or proprietary rights of any such third parties.
You further represent and warrant that your use of any user names attached to your Account will not
violate or infringe upon the trademark, trade dress or other proprietary rights of any third party.
Without limiting any other rights and remedies of Cronometer, Cronometer may suspend the operation
and use of any user names where it determines that the continued use of the user name will infringe
on the proprietary rights of any third party. Cronometer may terminate the Account of any user who
utilizes the Site, and/or Services to unlawfully publish, transmit, link or otherwise provide access
to copyrighted material without a valid license, the express consent of the copyright owner or a
fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the
burden of establishing the same to the satisfaction of Cronometer, acting in its sole discretion.
</p>
<li>
<p> Alleged Copyright Infringement Policy</p>
</li>
<p>
It is Cronometer’s policy to respond to notices of alleged copyright infringement that are made in
compliance with the United States Digital Millennium Copyright Act of 1998 (the “DMCA”). If you wish
to provide notice of alleged copyright infringement, you must provide the necessary information in
the form required by 17 U.S.C. Section 512 (c) and in accordance with the provisions set out below.
Cronometer may, in its sole and absolute discretion, terminate or suspend access to the Site, and/or
Services or any portion thereof, and/or cancel the Account of any user who repeatedly infringes or
who is repeatedly alleged to have infringed the copyright or other intellectual property rights of
third parties. Cronometer accommodates and does not interfere with standard digital rights
management and other technical measures employed by copyright owners to protect their proprietary
materials.
Cronometer requires all notices of alleged copyright infringement (a “Copyright Notice”) to be in
writing and delivered via regular mail, e-mail or fax to Cronometer or its agent in order to enable
us to review and respond to your complaint as efficiently as possible while maintaining compliance
with applicable laws. If you are providing a Copyright Notice under the DMCA, you must provide the
detailed information outlined below. You should also be aware that, under the DMCA, you could be
held liable for damages (including any costs and attorney’s fees) if you materially misrepresent
that material or activity is infringing your copyright. If you are not certain whether the material
or activity about which you are complaining infringes your copyright, you should obtain competent
legal advice. If you are not subject to the laws of the United States or the infringing content is
not hosted in the United States, the DMCA may not apply. If you are not certain whether the DMCA
applies, you should obtain competent legal advice. The full text of the DMCA is available from the
United States Copyright Office website at: http://www.copyright.gov/
</p>
</ol>
<li>
<p>COMMUNITY GUIDELINES</p>
</li>
<ol type="A">
<li>
<p>Interactive Areas</p>
<p>
Some of the Services we provide include forums (the “Interactive Areas”). You are solely
responsible for your use of the Interactive Areas and for User-Generated Content. The
Interactive Areas are often public and any User-Generated Content produced in the Interactive
Areas may remain public. We may, but do not always, monitor these Interactive Areas and take no
responsibility for the User-Generated Content in the Interactive Areas.
We assume no responsibility for loss or damage as a result of interaction with other community
members in Interactive Areas. You agree to take responsible precautions in all interactions with
community members in the Interactive Areas. We are under no obligation to become involved in any
disputes between community members, but may do so at our sole discretion.
</p>
</li>
<li>
<p>Community Guidelines ("Guidelines")</p>
<p>
Cronometer is under no obligation to review any User-Generated Content whatsoever, posted in any
Interactive Areas or private areas within the Site and/or Services by you or any other community
members and assumes no responsibility or liability relating to any such User-Generated Content.
Notwithstanding the above, Cronometer may from time to time monitor, and/or engage a third party
to monitor, the User-Generated Content and it shall be a material violation of these Terms for
you and/or any Permitted Minor to post or attempt to post any User-Generated Content that
contain or represent, as determined by Cronometer acting in its sole discretion:
(i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, discriminatory (based on race, sex, religion, nationality, disability, sexual
orientation or age) or otherwise objectionable material of any kind, including, but not limited
to, any material which (a) is criminal or which encourages conduct that would constitute a
criminal offence, (b) gives rise to civil liability, (c) constitutes an invasion of privacy, (d)
otherwise violates any applicable local, state, provincial, national or international law or (e)
otherwise harms or can reasonably be expected to create a significant risk of harm to any person
or entity;
(ii) advertisements, solicitations or commercial messages or materials of any kind (whether for
profit or not) without Cronometer's prior written consent;
(iii) messages posted by users impersonating others;
(iv) personal information such as messages which state phone numbers, government issued
identification numbers, account numbers, addresses, or employer references;
(v) unauthorized messages purporting to be issued by employees or agents of Cronometer, its
affiliates or subsidiaries and purporting to speak on behalf of Cronometer, it affiliates or
subsidiaries or containing confidential information or expressing opinions concerning
Cronometer, its affiliates or subsidiaries;
(vi) messages or materials that offer or encourage unauthorized downloads of any copyrighted or
private information or which otherwise infringe or violate any right of a third party including,
but not limited to, intellectual property rights, privacy rights, contractual rights, and
confidentiality rights;(vii) message or materials which are antisocial, disruptive or
destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “griefing” and “phishing”
as those terms are commonly understood and used in relation to the Internet;
(viii) messages or materials which in any way transmit any file that contains a virus, corrupted
data, Trojan horse, keystroke logger, worm, time bomb, or other programming routines which are
capable of tampering with, impairing, damaging, surreptitiously intercepting or mining, scraping
or expropriating any system, data or personal information from the Site, and/or Services or any
Linked Site or connected network, and/or which disrupts the use and enjoyment of any of the Site
and/or Services or any Linked Site or connected network by any person or entity; or
(ix) multiple messages by the same user restating the same point.
While we require all community members to comply with these Guidelines, we ultimately cannot
guarantee they will comply with these Guidelines. If you believe any Content violates these
Guidelines, or if you know or suspect that someone is misusing your User-Generated Content,
please report it to Cronometer at: [email protected]. We cannot be held responsible for any
injury or harm to you resulting from objectionable User-Generated Content or another community
member's failure to comply with these Guidelines.
</p>
</li>
</ol>
<li>
<p>MOBILE SERVICES</p>
</li>
<p>
The Site may be available through certain mobile devices. You acknowledge and agree that Cronometer is
not responsible for ensuring that your mobile device’s software is compatible with the Site or that you
can use or access the Site and/or the Services through your mobile device. If you are accessing our
Services through applications, you should check with your carrier to understand what data and messaging
rates will apply. In addition, the terms and conditions of the app store from which you are downloading
any app will also apply.
</p>
<li>
<p>NO WARRANTIES</p>
</li>
<p>
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT AND SERVICES ON THE SITE OR OBTAINED
FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” AND "AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY, SUITABILITY OR ACCURACY. CRONOMETER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE OR ACCESSED THROUGH THE SITE, SERVICES OR A
LINKED SITE BY ANY PARTY (INCLUDING THOSE PROFESSIONALS OR WELLNESS PRACTITIONERS LISTED IN OUR 'FIND A
PRO' DIRECTORY) THAT ARE OTHER THAN CRONOMETER'S OWN, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT
OR SERVICE OBTAINED FROM A LINKED SITE. EXCEPT AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW,
UNDER NO CIRCUMSTANCE WILL CRONOMETER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON
CONTENT OBTAINED THROUGH THE SITE, SERVICES OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR
SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, SERVICES
OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY
NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT
DISCLAIMED.
CRONOMETER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME
ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY
WEBSITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON
THE SITE, AND CRONOMETER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH
THIRD PARTY.
</p>
<li>
<p>LIMITATION OF LIABILITY</p>
</li>
<p>
THE CONTENT, SERVICES, PRODUCTS AND DESCRIPTIONS OF CONTENT AND/OR SERVICES PUBLISHED ON THE SITE OR A
LINKED SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR ERRORS, AND, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CRONOMETER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH
INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT ON THE SITE OR LINKED SITES OR
CONTAINED IN THE SERVICES. CRONOMETER MAY, BUT IS NOT OBLIGED TO, MAKE IMPROVEMENTS OR CHANGES TO THE
SITE AND/OR SERVICES AT ANY TIME.
YOU AGREE THAT CRONOMETER, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY
OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT,
INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THE SITE AND/OR SERVICES OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE
AND/OR SERVICES OR A LINKED SITE, EVEN IF CRONOMETER IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY,
LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR
DEVICES, FAILURE OF THE SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL
OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS
(e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, LOSS
OF CONTENT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. CRONOMETER
CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, OR
SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CRONOMETER BE LIABLE TO YOU FOR
ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRONOMETER.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE,
IN NO EVENT SHALL THE TOTAL LIABILITY OF CRONOMETER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND
COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE,
THE SITE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRONOMETER.
YOU AGREE THAT CRONOMETER IS A MERE REPRESENTATIVE FOR THE SUPPLIERS AND ADVERTISERS OF THIRD PARTY
GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE AND/OR SERVICES AND CRONOMETER DOES NOT
ENDORSE OR CONTROL ANY SUCH THIRD PARTY SUPPLIERS, ADVERTISERS OR SUCH THIRD PARTY GOODS OR SERVICES.
ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR INJURY WITH RESPECT TO THE THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH THIRD PARTY
SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CRONOMETER HEREBY
DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL
THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER OR
ADVERTISER THROUGH THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR,
OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT,
NEGLIGENT OR OTHERWISE, OF SUCH SUPPLIER OR ADVERTISER, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE
NOT TO SUE, AND FOREVER DISCHARGE CRONOMETER FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT
LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CRONOMETER BE LIABLE TO YOU FOR ANY AMOUNT THAT
EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRONOMETER.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE,
IN NO EVENT SHALL THE TOTAL LIABILITY OF CRONOMETER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND
COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), IN EQUITY OR UNDER ANY OTHER LEGAL CAUSE OF ACTION, RELATED TO YOUR USE OF, OR THE
INABILITY TO USE THE SITE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRONOMETER.
</p>
<li>
<p>GOVERNING LAW</p>
</li>
<p>
These Terms and your legal relationship with Cronometer, shall be governed by and construed in
accordance with the laws of the Province of British Columbia, together with the federal laws of Canada
applicable therein, without regard to its conflicts of laws principles. These Terms shall not be
governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language
of these Terms is English.
</p>
<li>
<p>DISPUTES AND ARBITRATION, JURISDICTION AND VENUE</p>
</li>
<p>
You and Cronometer agree that any dispute, claim or controversy arising out of or relating to these
Terms, any policy referred to herein, or the breach, termination, enforcement, interpretation or the
validity thereof, or the use of the Site, Services or Content (collectively, the “Disputes”) will be
settled by binding arbitration, except that each party retains the right to (a) bring an individual
action in the British Columbia Provincial Court (Small Claims Division) or British Columbia Civil
Resolution Tribunal (Small Claims Division) subject to the applicable jurisdictional limits of those
bodies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to
prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights,
trademarks, trade secrets, patents, confidential information or other intellectual property or
proprietary rights. You acknowledge and agree that you and Cronometer are each irrevocably waiving the
right to a trial by jury and the right to participate as a plaintiff or a class member in any purported
class action or similar representative proceeding. Further, unless you and Cronometer expressly agree in
writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside
over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any
termination of these Terms.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before
a single arbitrator in accordance with the procedural rules of the British Columbia International
Commercial Arbitration Centre. The venue of the arbitration shall be Kelowna, British Columbia Canada.
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<p>CONTACT US</p>
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Contact us via email at: <a href="[email protected]">[email protected]</a>
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