This Agreement sets out the legally binding terms of your use of this Service and may be modified by Urban Calm at any time and without prior notice, such modifications to be effective upon posting by Urban Calm on this Website. Your continued use of this Service after any modifications are posted constitutes your consent to such modifications. This Agreement includes our acceptable use policy for content posted on the Service and notices regarding the Website.
Urban Calm provides this Service to promote a community to connect to those in our local communities, who are committed to making a difference in everyday life. This Service does not provide medical or legal advice and ecalm.org. Content appearing on this Service does not constitute medical or legal advice and is not the practice of medicine.
YOU MAY NOT USE THIS SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY URBAN CALM SERVICE MAY BE TERMINATED IMMEDIATELY IN URBAN CALM’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may deactivate your membership at any time Urban Calm may terminate your membership at any time for any reason. In the event of deactivation or termination, other terms of this Agreement will remain in effect.
Noncommercial Use by Members
The Service is for the personal use and enjoyment of individual Members only and may not be used in connection with any commercial endeavors. You may not use or copy content from this Service for use with any other product or service, and illegal or unauthorized uses of this Service are prohibited.
Urban Calm’s Property
Urban Calm either owns or is licensed to use all proprietary rights in this Service, including all copyrights, trademarks, and patent rights associated with this Service. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
While you can view some features of this Service without registering, you must register to use all of the features of the Service, including to post a profile, to post other content, or to communicate with other Members. When you register for this Service you are required to provide certain information and are provided an opportunity to create a profile containing additional, optional information. We will send you an e-mail at the address you provide to confirm your Membership, after which your Membership will be activated. You will be asked to select a user screen name and password.
You must provide us with current, complete, and accurate information as requested by the registration form. Updating this information is your responsibility.
After you have completed the registration form, you may be asked to choose a user identification (screen name) and password. Screen names are subject to Urban Calm’s approval and may not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities that occur under your account. You agree to notify Urban Calm immediately of any unauthorized use of your account. Urban Calm is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
If this Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.
Policy Regarding Postings
After you have registered and your Membership is confirmed, you will be able to post content on the Service and communicate with other Members. You are solely responsible for the Content that you publish or display (hereinafter, “post”) or transmit to other Members via the Service. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Urban Calm an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Urban Calm does not control and is not responsible for any notes, messages, billboard postings, photographs, profiles or other materials posted or delivered to the Service by you or other Members. Urban Calm is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Urban Calm reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of this Agreement with or without notice.
You agree that you will not:
- Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, without our express prior written consent. The number of postings by any Member is subject to reasonable limits at the discretion of Urban Calm.
- Post or deliver any advertisement or solicitation via the Service to buy or sell any products or services, or engage in commercial activities and/or sales, without our prior written consent.
- Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
- Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Post or deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Post or deliver information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Post or deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Use this Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Service or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this Service, any related website, other accounts, computer system, or networks connected to this Service, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Service, including harvesting or otherwise collecting information about others such as e-mail addresses.
You are solely responsible and liable for postings delivered to the Service using your account. Any violation of these provisions can subject your Urban Calm membership to immediate termination and, possibly, further legal action.
We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Basic access to and use of this Service are currently available without charge. We reserve the right to charge a fee for access to or use of this Service in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of this Service. We currently have no intention whatsoever of charging a fee for basic access or to use this Service. We may launch a membership club for lifestyle discounts (health, education, wellness) in the future and we may charge a fee for that service.
Disclaimer of Warranties
The information and opinions expressed in postings on this Service are not necessarily those of Urban Calm or its content providers, advertisers, business partners, or related entities, or of any health association to which this Service is linked, and Urban Calm is not responsible for any incorrect or inaccurate Content posted on the Service, whether by Urban Calm, its business partners, Members, or due to equipment or computer programming associated with this Service. Under no circumstances will Urban Calm be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of this Service, any Content posted on this Service or transmitted to Members, or any interactions between users of the Service, whether online or offline.
Urban Calm assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Urban Calm is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Service.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS Urban Calm SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY Urban Calm, THIRD PARTIES, OR OTHER MEMBERS, ARE PROVIDED ON AN “AS IS” BASIS. Urban Calm MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Urban Calm DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Urban Calm DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Urban Calm SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Urban Calm DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS Urban Calm WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Our Service may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and Urban Calm is not liable or responsible for any of the content or services available at these sites.
You are solely responsible for your interactions with other Urban Calm Members. Urban Calm reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitations on Liability
In no event shall any organization for whom Urban Calm created a group within the Service, Urban Calm, its subsidiaries, affiliates, distributors, suppliers, licencors, agents or others involved in making available the Service and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Service or any information, software, products, services, and related graphics obtained through the Service; (vi) any transactions entered into through this Service; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Urban Calm has been advised of the possibility of damages.
You agree to indemnify and hold harmless Urban Calm and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Ohio, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
Any dispute arising under this Agreement shall be decided by mediation or binding arbitration. Such mediation or arbitration shall be conducted in accordance with the Commercial Mediation or Arbitration Rules of the American Arbitration Association in effect at the time of this Agreement, within twenty miles of Akron, Ohio, as the designated locale. A demand for mediation shall be filed in writing with the other party and with the American Arbitration Association, and shall be made within a reasonable time after the dispute first arises, and in no event after the date when the institution of legal or equitable proceedings based on such Disputes would be barred by the applicable statute of repose or limitations. If a dispute is not resolved through mediation, then a dispute shall be resolved through arbitration. The decision of the arbitrator shall be final and binding. This agreement to arbitrate shall be specifically enforceable in accordance with the laws of the Commonwealth of Ohio.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement may be assigned by Urban Calm in the event of a transfer of control of Urban Calm, without the consent of the Member.
If you have any questions concerning this Agreement, you may send them by e-mail, or via Q&A.
Urban Calm may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.
European Union and Other Foreign Nations
This Urban Calm website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Urban Calm makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.