TERMS OF USE

This website (“Website”) is managed and maintained by M&P Enterprise LLC DBA Calevate and its affiliates (the “Company”).  The Company operates this Website as a service to provide online access to information about the Company and the products and services we provide to our customers.  By visiting this Website, you accept these terms of use set forth herein (“Terms of Use”).  

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

These Terms of Use, together with applicable additional terms and conditions, govern your use of this Website.

The Company reserves the right, in its sole discretion, to modify, suspend, or discontinue this Website or any service, content, feature or product offered through this Website, with or without notice.  You agree that the Company shall not be liable to you or to any third-party for any modification, suspension or discontinuance of this Website, or any service, content, feature or product offered through this Website.

1. Use of this Website

You may use this Website, information, writings, images and/or other data that you experience on this Website, referred to as “Content,” solely for non-commercial, personal purposes and/or to learn about the Company and the products and services we provide to our customers.  This means that you may only view or download Content from this Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.   The Company retains complete title and full intellectual property rights in and for all Content.  You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from this Website except as expressly permitted by these Terms of Use.  Additionally, no right, title or interest in any Content is transferred to you as a result of using this Website.

2. Ability to Accept Terms of Use

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

2. Privacy Policy

The Company respects your privacy.  Please review our Privacy Policy to understand our practices.

3. Copyright

This Website and the Content provided are protected by U.S. and/or foreign copyright laws and belong to the Company and/or its partners, parents, affiliates, contributors or third parties.  Copyrights associated with specific Content are owned by the Company and/or other copyright owners who have authorized their use on this Website.  You may download or reprint Content for non-commercial, non-public, personal use only.

4. Trademarks

You are prohibited from using the marks or logos appearing throughout this Website without permission from the trademark owner, except as permitted by applicable law.

5. Links to Third-Party Websites

From time to time, this Website may contain links to other websites that are not under the control of the Company.  The Company has no responsibility for the linked websites or any content or links contained in any third-party website nor does linking constitute an endorsement of any linked website.  This information is provided solely as a convenience to you.  If you use third-party links, you will leave this Website and be subject to the terms of use and privacy policy applicable on those websites.  By using this Website to link to another website, you agree and understand that you may not make any claim against the Company for any damages or losses resulting from your use of this Website to link to any third-party website.

6. Links from Third-Party Websites

The Company prohibits unauthorized links to this Website and the framing of any information contained on this Website or any of this Website’s Content.  The Company reserves the right to disable any unauthorized links or frames.  The Company has no responsibility or liability for any material on other websites that may contain links to this Website.

7. User Conduct

You agree to use this Website only for lawful purposes.  You agree not to take any action that might compromise the security of this Website, render it inaccessible to others or otherwise cause damage to it or its Content.  You additionally agree not to use this Website in any way that might interfere with the rights of other users or third-parties.

8. User Supplied Information

Your submission of personal information or private business information through this Website is governed by our Privacy Policy.  Please refer to our Privacy Policy for more information.  These Terms of Use incorporate by reference our Privacy Policy.

If you supply or post any non-identifiable information to this Website, you guarantee to the Company that you have the legal right to post such material and that it does not violate any law or the rights of any person or entity.  For any information you do send, post or submit to this Website, you hereby grant the Company an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the same, and agree that the Company is free to use any ideas, concepts, know-how or techniques that you send to the Company for any lawful purpose whatsoever without compensation to you or any other person sending such information, and you represent and warrant that you own or otherwise control all of the rights to such information and that public posting and use of your content by the Company will not infringe or violate the rights of any third-party.

9. Disclaimer and Limitation of Warranties

The Company makes no warranties, representations, or endorsements whatsoever with respect to this Website or its Content, which are supplied without any express or implied warranties.The Company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  The Company does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected.  This Website and its Content are provided on an “as-is” and “as available” basis.  The Company makes no representation that materials and Content on this Website are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited.  If you are dissatisfied with this Website, the service, or the Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using this Website.

Under no circumstances will the Company, its parents, partners, affiliated companies, business partners, licensors, employees, agents, or any third-party information providers be liable to you for any direct, indirect, consequential, punitive, special, exemplary, incidental or other damages, whether in contract, tort or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use this Website or arising out of the Content or any errors or omissions in the Content, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if the Company is expressly advised of the possibility of such damages.  The Company does not warrant that the functions performed by this Website will be uninterrupted, secure, timely, or error-free, or that defects in this Website will be corrected.  The Company does not warrant that this Website, its servers, or email sent from the Company are free of viruses or other harmful components.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.  In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law, but shall, in no event, exceed $100.00.

DISCAIMER: SITE MAY NOT BE 100% CURRENT ON DEALS. ALSO, ANY CONTENT IS STRICTLY OUR OPINION, PLEASE CONSULT A PHYSICIAN FOR ALL MEDICAL INQUIRIES. PRICE AND DEALS SUBJECT TO CHANGE.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on this Website.  You agree to indemnify, defend, and hold the Company, its parents, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers harmless from and against any and all claims, damages (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), costs and expenses (including attorney’s fees), resulting from or arising out of your use, misuse, or inability to use this Website, the Content, or any violation by you of these Terms of Use.

11. Governing Law

This Website is administered by the Company from its offices in the State of California.  User access to this Website is governed by all applicable federal, state and local laws.  By visiting this Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.

12. Changes

From time to time, the Company may revise these Terms of Use.  To stay current of any changes to these Terms of Use, please check back frequently.  The Company notes the date the Terms of Use was last updated.  Your use of this Website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  The Company strongly recommends checking  the Terms of Use periodically.  

13. Miscellaneous

The Company’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.