Terms Of Service
Your use of the CMWM services, software and/or
products (“Services”) is subject to the terms and conditions contained in this document as well as any other
rule and policies that we may publish from time to time. You or any other user of the Services is referred
to below as a “User” and this document and such other rules and policies are collectively referred to below
as “Terms”. By accessing or suing the Services you agree to accept and be bound by the Terms. Please do not
use the Services if you do not accept all of the Terms.
You may not use the Services and may not
accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are not permitted to
receive the Services under the laws of the state of California, any other state of the United States, the
United States of America as such, and/or other countries or regions including those in which you are
resident or from which you use the Services.
You acknowledge and agree that we may amend any Terms at
any time by posting the relevant amended and restated Terms at www.CALMWM.com. By continuing to use the
Services, you agree that the amended Terms will apply to you.
You may be required to enter into a
separate agreement, whether online or offline, with CMWM for any Service (“Separate Agreements”). If there
is any conflict or inconsistency between the Terms and a Separate Agreement, the Separate Agreement shall
take precedence over the Terms only in relation to that Service concerned. The Terms may not otherwise be
modified except in writing by an authorized officer of CMWM.
As a condition of your aces to and use of the
Service, you agree that:
You will comply with all applicable laws and regulations when using the
Services;
You will use the Services solely for your own private and personal purposes. You will not
copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text,
images, graphics, sound, files or other material available on or through the Services; nor make any of the
content whatsoever for any commercial purpose, including but not limited to the purpose of operating a
business that competes with CMWM. Any use of the Services to create a compilation, database, directory, or
the like, by any means whatsoever, is prohibited.
You must read CMWM’s Privacy Policy that governs
its use of personal information about users. Your use of the Services constitutes agreement to the use of
the personal information about you in accordance with the Privacy Policy.
The basic service of the mobile application is free to all users. Users have the option to upgrade to a paid subscription to access all the features of the application. CMWM bills users through the online account for use of the services. Users agree to pay CMWM all service frees for the use of the account. CMWM will bill users for use of services available and Users are responsible for payments. CMWM reserve the right to change its prices for services and features. User agrees to maintain current and accurate billing information. All fees are final and nonrefundable. User’s subscription to the service will continue indefinitely and automatically until cancelled by User. User's subscription will automatically continue for an additional equivalent period at the price User agreed to when subscribing. User wishes to change or terminate User's subscription, User should go to the Membership page and cancel or change the membership and the subscription will not be renewed thereafter. If User cancels a subscription, User may use such subscription until the end of then-current subscription term.
Automatic RenewalUser's subscription to the Service will continue
indefinitely until cancelled by User (via the cancellation mechanisms provided on the Site). After User's
initial subscription period, and again after any subsequent subscription period, User's subscription will
automatically continue for an additional equivalent period, at the price User agreed to when subscribing.
User agrees that User's account will be subject to this automatic renewal feature. If User does not wish
User's account to renew automatically, or if User wants to change or terminate User's subscription, please
log in and go to the Change / Cancel Membership page. If User cancels a subscription, User may use such
subscription until the end of then-current subscription term and the subscription will not be renewed
thereafter. However, User will not be eligible for a prorated refund of any portion of the subscription fee
paid for the then-current subscription period.
By subscribing, User authorizes CMWM to charge User's
credit card, debit card or other payment method at such time and again at the beginning of any subsequent
subscription period, including any sales or similar taxes imposed on User's subscription payments. Upon the
renewal of your subscription, if CMWM does not receive payment, User agrees that CMWM may either terminate
or suspend User's subscription and continue to attempt to charge User's payment method provider until
payment is received (upon receipt of payment, User's account will be activated and for purposes of automatic
renewal, User's new subscription commitment period will begin as of the day payment was received). If User
does not terminate User's subscription and/or if User continues to use the Service, User agrees that CMWM is
authorized to charge the payment method in User's Service account. CMWM may also seek payment directly from
User. Charges may be payable in advance, in arrears, per usage, or as otherwise specified when User
initially subscribes to the Service.
By using the Services, you agree to the
following:
The purpose of the Services is to support you in tracking the progress of your personal
weight-loss program.
You shall not attempt to make any use of the Services, other than as so stated and
permitted by the terms of the Services.
CMWM reserves the right to modify or withdraw the Services at any
time, in its sole discretion. If you ever find that your use of the Services is not serving the said purpose
of your tracking the progress of your weight-loss program, and/or is having any adverse effect whatsoever on
your well-being, you must and will immediately cease using the Services.
If this occurs, you are
encouraged to communicate the circumstances to CMWM by email. In its sole discretion, CMWM may respond to
you, and/or take action to seek to remedy the difficulty that you were experiencing. But CMWM is not
responsible for any further use that you make of the Services following the first occurrence of any
frustration of purpose or adverse affect.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE
PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”; AND CMWM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER; INCLUDING BUT NOT LIMITED TO THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR
THROUGH THE SERVICES. AND BY MAKING USE OF THE SERVICES, Y0U ARE CONSENTING THESE DISCLAIMERS.
As a
condition of your access to the Services, you waive, and unconditionally release CMWM and all affiliated
persons and entities from, any and all claims and/or liability for damages allegedly or actually resulting
from your use of the Services.
You further agree to indemnify and hold harmless CMWM from any
liability or claims of any nature, resulting in any way, from your use of the Services for any
purpose.
If there is ever any litigation between you and CMWM and/or CMWM’s affiliated persons or
entities, jurisdiction and venue shall be exclusively limited to the Superior Court of Santa Clara County,
California; and the matter shall be decided under the laws of California.
Any and all claims must be
stated in a lawsuit filed with said Court within one year of accrual of each cause of action asserted.
The
prevailing party in any such litigation shall recover from the other party, in addition to all other damages
and relief: the reasonable amount of attorney’s fees, reasonable compensation for the time expended by the
prevailing party and/or its managing personnel, and the reasonable compensation of the fees all expert
witnesses--incurred in the course of such litigation.
The Services and its original content, features and
functionality (including look!), are owned by CMWM and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You
agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, or
make any use of any of our copyrighted material and proprietary information, except to the extent permitted
by the Services itself.
For purposes of these Terms of Service, the term “Content” includes, without
limitation, information, data, text, photographs, videos, audio clips, written posts and comments,,
software, scripts, graphics, and interactive features provided, generated, or otherwise made accessible on
or through the Services.
By making use of the Services, you grant us a non-exclusive, perpetual,
royalty-free, fully paid right and license to make any use that we choose of the information regarding the
progress of your weight-loss program which you input through the Services in order to enhance the
Weight-Loss Program that we market commercially; subject to the condition that we will never disclose your
identity in connection with such use.
All legal notices or demands upon CMWM shall be
made in writing and sent to CMWM by courier or by certified mail to the following address: 530 Lawrence
expwy, Sunnyvale, CA 94085.
All legal notices or demands by CMWM to any User shall be made by email
to the email address that the User employs when making use of the Services.
The Terms of Service constitutes the entire
agreement between you and CMWM and govern your use of the Services, superseding any prior agreements
(including but not limited to any prior versions of the Terms of Service). If any provision of these Terms
of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any
reason, such provision shall be eliminated or limited to the minimum extent such that the remaining
provisions of the Terms of Service will continue in full force and effect.
CMWM’s failure, if any, to
enforce any right or to act with respect to any breach by your under the Terms will not constitute a waiver
of its right to act with respect to subsequent or similar breaches.
CMWM shall have the right to
assign the Terms and the rights embedded therein to any other party in CMWM’s sole discretion.
You may
not assign, in whole or part, the Terms to any person or entity.
All rights reserved