Terms of Use
 
LAST UPDATED: October 1, 2014
 
Calendars.com LLC (“Calendars.com”) provides its services to you subject to the following notices, terms and conditions. These Terms of Use apply to the Calendars.com website located at 
www.calendars.com and all other sites, services, and tools where these Terms of Use appear or are linked (collectively, the “Site”). Your use of the Site constitutes your agreement to all such notices, terms and conditions.
 
PRIVACY

Please review our Privacy Policy to understand our information collection and use practices. The Privacy Policy is incorporated into these Terms of Use in its entirety.
 
CONTENT

All content included on this site, including web site design, software, text, graphics and images is the property of Calendars.com or its content suppliers and is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Calendars.com and is protected by United States and international copyright laws. The images used on this site are the property of their respective copyright owners, and are used by Calendars.com pursuant to express or implied authorization from the copyright owners or their agents.  
 
LICENSE AND ACCESS
Calendars.com grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the “USE OF SITE” section of these Terms of Use. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display of the content, images and software on this site is strictly prohibited.Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself of on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian.
 
TRADEMARKS
"The BEST SELECTION of Calendars in the Known Universe.", Flip Day, DogBreedstore.com and “Nothing but the breed”, are trademarks of Calendars.com L.L.C. and used by Calendars.com by permission. In addition, graphics, logos, page headers, button icons, and scripts included on Calendars.com are trademarks or trade dress of Calendar Holdings L.L.C. and/or Calendars.com in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not our, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Calendar Holdings LLC or Calendars.com. All other trademarks not owned by Calendar Holdings LLC or Calendars.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Calendars.com.
 
USE OF SITE
This site or any portion of this site may not be reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, scraped, crawled or otherwise exploited for any commercial purpose that is not expressly granted by Calendars.com. Calendars.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Calendars.com believes that customer conduct violates these Terms of Use, applicable law or is harmful to the interests of Calendars.com and its affiliates. Calendars.com further reserves the right to pursue any legal action against any user who violates the terms, conditions and notices contained on this site. 
 
YOUR ACCOUNT
You must create an account at Calendars.com in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Calendars.com immediately of any breach of security or unauthorized use of your account. Calendars.com will not be liable for any losses caused by any unauthorized use of your account.
 
Certain areas of the Site are available through Facebook’s “Facebook Connect” service. You must have an active Facebook account in order to access the Site through Facebook Connect, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under these Terms of Use. If you access the Site through Facebook Connect, Calendars.com may require that your Calendars.com username be the same as your user name for Facebook. If you sign into Calendars.com through Facebook Connect, you will provide your Facebook account credentials to Calendars.com, and you are consenting to have the information in that account transmitted into your Calendars.com account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
 
MODIFICATION AND TERMINATION
Calendars.com may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Calendars.com reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.
 
Calendars.com reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
 
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
 
USER REVIEWS, COMMENTS, AND SUBMISSIONS
Calendars.com welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site ("User Content") as long as the User Content submitted by you complies with these Terms of Use as well as Calendars.com’s Submission Guidelines, which are incorporated into these Terms of Use in their entirety.
 
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Calendars.com assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.  We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

 
For any User Content you submit, you grant to Calendars.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Calendars.com the right to include the name provided along with the User Content submitted by you; provided, however, Calendars.com shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
 
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Calendars.com neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. You agree that Calendars.com will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Calendars.com. 

MOBILE SERVICES
Calendars.com may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Calendars.com, and access certain other features (collectively the "Mobile Services"). Although Calendars.com does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

TRANSACTIONS
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Calendars.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
 
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Calendars.com reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
 
LIMITATIONS ON QUANTITY
Calendars.com reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
 
AVAILABILITY, ERRORS, AND INACCURACIES
Calendars.com's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Calendars.com makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Calendars.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
 
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss and title for all items purchased via sites owned and operated by Calendars.com passes to you upon delivery of the item to the carrier.
 
RETURNS
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms of Use in its entirety.
 
DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Calendars.com, including but not limited to User Content, infringe your copyright, you (or your agent) may send Calendars.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Calendars.com to locate the material on the Site owned and operated by Calendars.com; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Calendars.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Legal Affairs, Calendars.com L.L.C., 6411 Burleson Rd., Austin, TX 78744. Calendars.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
 
LINKS TO THIRD PARTY SITES
Calendars.com may contain links to other websites (“Linked Sites”) including social sites and product manufacturers’ sites. The Linked Sites are not under the control of Calendars.com and Calendars.com is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Calendars.com does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Calendars.com is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Calendars.com. If you decide to access any of the third party websites linked from this website, you do so entirely at your own risk.
 
LINKING TO CALENDARS.COM
Linking to Calendars.com from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Calendars.com's content. A Linking Site shall not create a frame, browser or border environment to Calendars.com's content and a Linking Site shall not imply that Calendars.com is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Calendars.com, shall not provide false information about Calendars.com's products or services, and shall not unlawfully use the copyrights or trademarks owned by Calendar Holdings LLC, Calendars.com. or others. Linking Sites shall abide by any and all applicable laws.

LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CALENDARS.COM ON AN "AS IS" BASIS. CALENDARS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALENDARS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALENDARS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

INDEMNIFICATIONS AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Calendars.com and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms of Use.

NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to Calendars.com shall be sent by mail to: Legal Affairs, Calendars.com L.L.C., 6411 Burleson Rd, Austin, TX  78744. In the case of notices Calendars.com sends to you, you consent to receive notices and other communications by Calendars.com posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your account. You agree that all agreements, notices, disclosures, and other communications that Calendars.com provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

RULES FOR PROMOTIONS
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

DISPUTES – ARBITRATION AGREEMENT
Please read this carefully. It affects your legal rights.  Any dispute of any kind between Calendars.com and you, including but not limited to any claim relating in any way to any advertisements, pricing, products or services sold or distributed by Calendars.com, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge that use of this Site and/or purchase of any products or services from or through Calendars.com constitutes a transaction in interstate commerce.  The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.  This arbitration agreement survives termination of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Services as a court would.  All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA. YOU AND CALENDARS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Calendars.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Exclusive jurisdiction over and venue of any suit arising out of or relating to such action will be in the courts of Travis County, Texas.  These Terms of Use will be governed by Texas law, exclusive of any choice of law rules, except for the arbitration agreement, which is governed by the Federal Arbitration Act.

ADDITIONAL TERMS & CONDITIONS
In addition to the policies and guidelines located throughout the Calendars.com Site, the following policies are incorporated into the Terms of Use:

MISCELLANEOUS
These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Calendars.com with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

OUR ADDRESS
If you have any concerns about Calendars.com or your use of the Site, please contact us with a detailed description, and we will try to resolve it.
Calendars.com, L.L.C., 6411 Burleson Road, Austin, Texas 78744, U.S.A.