Independent Brand Partners Use Terms
The Independent Calerie, LLC. (Calerie) Brand Partners (“IBP”) registration, terms, and the Calerie Independent Brand Partner Plan (“BPP”) (collectively the “agreement”) explains and governs the relationship between each Independent Brand Promoter IBP and Calerie. Each IBP is required to read, understand, and comply with all terms and conditions of the agreement. The agreement shall constitute the entire understanding of the parties. All parts of this agreement shall apply to the registered IBP. By submitting the Calerie registration/agreement you hereby agree to all of the terms and conditions herein and by reference all legal terms and conditions.
The agreement is subject to revision by Calerie from time to time at its sole discretion. The agreement shall govern all aspects of the relationships between Calerie and the IBP’s. The current agreement is available on the calerie.com.
2. BECOMING AN IBP
To become an IBP, a new applicant is required to read and agree to the terms of the IBP registration and read and agree to this IBP agreement. The application should be accurately completed in its entirety and the applicant(s), including all associates, shareholders and equity owners, must agree to the terms of the application and agreement personally. Electronically submitted registration applications are considered as a received document. Calerie reserves the right to reject any registration application at its sole discretion. PLEASE NOTE: registrations/applications will not be accepted from the following countries: North Korea, Iran, Syria, Russia or any country whose applications would violate the Patriot Act of the United States and/or UK laws or treaties.
Upon notification of acceptance by Calerie, the new IBP will be entered into the Calerie business software and electronic business files. If there are any errors on an application, IBP should verify with the Calerie support department as soon as the error is discovered (within 24 hours) to avoid delays in any rights under the agreement.
By submitting the IBP registration, the IBP also agrees to obtain and activate a virtual wallet from the Calerie website for accessing and transferring funds electronically. The personal information provided by the IBP will be used only to operate and administer the IBP’s account. The IBP may choose to close his/her account at any time by contacting Calerie support.
Eligibility requirements to become an IBP are as follows:
Calerie Customer. An IBP must have a customer that purchases a Calerie products before he/she is considered an IBP.
Independent Contractors. As the name expresses, IBP’s are independent contractors. They are not franchisees, joint ventures, associates, employees or agents of Calerie, and are prohibited from stating or implying whether orally or in writing, otherwise. IBP’s have no authority to bind Calerie to any obligation. Calerie is not responsible for payment or copayment of any employee benefits. IBP’s are responsible for liability, health, disability, workmen’s compensation and other insurance and for any other registration required by the laws of the country of residence of the IBP. IBP’s set their own hours and determine how to conduct their Calerie business and are responsible for their own management decisions subject to the agreement. The reference to “position” is as it applies to IBP’s participation in the AP and adherence to the agreement.
Legal Entity. If an applicant is a corporation, partnership or other legal entity, all shareholder(s) of the corporate applicant, all partner(s) of the partnership or all owners of the legal entity applicant must agree to the application, a list of the names of each shareholder of the corporate applicant, each partner of the partnership applicant, or each owner if another legal entity must agree. Supporting documentation may be required.
ID Number. An individual or entity maybe asked for a tax identification number that would be required to be inserted during the login page of an IBP’s sales back-office once the IBP has received $500 or more in income.
Legal Age. Any individual who is of legal age (19 years) and residing in a country where Calerie is doing business is eligible to become an IBP.
3. CHANGES IN Calerie STATUS
Death. Upon the death of an IBP, the rights and responsibilities of the IBP are passed on to the rightful heir(s) as determined by a court of competent jurisdiction in the jurisdiction where the deceased IBP held his/her/their IBP business. The heir(s) must also confirm in writing within ninety (90) days that he or she shall be bound by the terms and conditions of the agreement.
Divorce. Upon divorce, Calerie must be notified as to which former spouse will assume ownership of the IBP position as determined by a court of competent jurisdiction or divorce agreement. A change in the ownership of the IBP position will not take place until Calerie receives a copy of the divorce documentation. Should the party who does not assume ownership of the IBP position desire to remain an IBP, he/she may do so by submitting a new IBP application at the time the divorce documentation is submitted to Calerie. He or She shall then be entered as a new IBP under the original enroller.
Marriage. If two existing IBP’s marry, they may maintain their separate IBP positions.
Dissolution of Corporate or partnership IBP position. Upon the dissolution of a corporation or termination of a partnership which owns the IBP position, the ownership of the IBP position will be transferred pursuant to the agreement among the shareholders or associates or upon order of a court of competent jurisdiction upon written notification to Calerie. If one or more of the associates or shareholders in an IBP position terminates his/her ongoing relationship with Calerie by leaving the partnership or disposing of his/her share of equity holdings, such parties, including the departing party, shall continue to be bound by the terms of the IBP agreement. If a dispute arises over the disposition of the partnership interest, or assets, or shareholdings or corporate assets, or the income from the IBP position, Calerie may suspend the IBP position and hold all commissions until the dispute over the disposition is resolved by agreement between the parties or by an order from a court of competent jurisdiction.
Sale of an IBP position or any rights, direct or indirect, relating to an IBP position may not be transferred by the IBP without prior written approval from Calerie at its’ sole and absolute discretion. No sale will be approved unless it includes a covenant by the seller not to solicit his/her prior group of IBP’s for at least six (6) months after the effective date of the sale or transfer.
An IBP position or any right thereto which is under suspension, on probation, or subject to any disciplinary action or any investigation by or on behalf of Calerie, may not be sold or otherwise transferred while such condition continues.
The purchase and sale agreement must include a provision in which the parties agree upon the ownership of the service/products of the IBP position upon the sale. The seller may not reapply as an IBP for a period of six (6) months, either as an individual, partnership or corporation or other legal entity.
The purchaser of an IBP position shall be responsible for all acts or omissions of the seller in contravention of the agreement for a period of six (6) months after the date of Calerie’s approval of the sale or transfer. For purposes of this provision, the seller will be required to continue to comply with all post-termination obligations of the agreement.
Mergers, addition of Co-IBP’s, partners, shareholders and/or other owners. Mergers will be permitted only between enroller and its first level IBP’s. Calerie reserves the right, at its sole and absolute discretion, to approve or disapprove any proposed merger or admission of Co-IBP’s, partners, shareholders or other owners. The admission of a Co-IBP, partner, shareholder or other owner must create a bona fide business relationship and must not involve the addition of inactive persons or of entities or other persons or entities which “pass through” income to others.
Name Change. An IBP may change the operating name of the IBP position by forwarding written notification to Calerie. Calerie reserves the right to request the articles of incorporation of a corporation or partnership agreement of a partnership, or any amendments pertaining thereto, as well as any other relevant documents or corporate or partnership documentation relating to ownership or control.
Changing the registering/enrolling IBP. Changing your enrolling IBP is not allowed. The AP commission opportunity is a business built upon sales of licenses to the Calerie training system and referral of others who may sell as well. Once a new IBP is referred or enrolled, Calerie will protect this relationship to the fullest extent possible.
Suspension of commission payments. If there is any question over the disposition of the IBP position or the income from the IBP position (whether by reason of an event described above), Calerie may suspend the IBP and hold all commissions and bonuses until the dispute over the disposition is resolved by agreement between the parties or by an order from a court of competent jurisdiction.
4. TAXES AND GOVERNMENTAL REPORTS
Taxes. All IBP’s are personally responsible for all taxes due on their sales proceeds or earnings from their sales of Calerie products. Calerie will provide a record of any and all monies paid by Calerie to each IBP and will issue and file such reports to governmental agencies or others as may be required by law. IBP’s are not and will not be treated as an employee of Calerie for any federal or state tax or national income tax purposes.
VAT/Sales Tax. Calerie has its company address in California and will be collecting sales tax for customers living in California and at the time of purchase from any residents outside of the areas its location requires. No sales tax or VAT is foreseen on sales outside of the Calerie’s primary location. If such tax would be levied, the IBP will immediately inform Calerie, which will take appropriate action, including remitting, if needed the sales tax/VAT to the appropriate authority.
5. CUSTOMER REFERRER POLICY
Customer Referrals. Every new Calerie customer must have a referring IBP. Each new prospect has the right to choose from whom he/she purchases his/her Calerie or service. An IBP shall not unduly influence or in any way entice prospects with, representations as to possible income or business development, or payment of any compensation by an IBP or Calerie.
Dispute. Calerie recognizes the referring IBP as the IBP shown on the first entered original IBP registration completed, dated, and electronically entered into Calerie’s sales tracking software system.
Training. IBP’s who enroll other IBP’s and sell User products or other services Calerie may offer, must thereafter use their best efforts to provide communication, encouragement and support of his/her customer organization. IBP’s should encourage their Calerie customers to learn about and use the Calerie that they purchase.
6. COMPENSATION PLAN AND TERMS
See corporate web site “Calerie Affiliate Plan” (“AP”) and future additions.
The IBP acknowledges and agrees that Calerie reserves the unequivocal right to change or modify the AP. Calerie will notify the IBP about any changes to the AP within fifteen (15) days on the Calerie website.
7. LIMITED RETURN POLICY
An IBP is not required to purchase.
Upon written request of the IBP/ customer purchase made no later than the 3rd day from the date of purchase by IBP/customer, Calerie will refund the product purchase. The cancellation terms can be found at www.calerie.com/cancellations and must be emailed to Calerie no later than the 3rd day from the date of purchase. The email is [email protected] The Calerie product refunds that must be protected for the benefit of Calerie. The value volatility of the cryptocurrency marketplace and shipping logistics is why the 3-day refund policy is strictly enforced.
8. LIMITED PRODUCTS
Calerie has certain trademarks, service marks, trade names, slogans, symbols, and color schemes that are proprietary. Except for marketing materials, sample products, and advertising provided or sold to the IBP by Calerie, shall not use or display such trademarks, service marks, trade names, slogans, symbols, and color schemes without Calerie’s prior written permission. IBP acknowledges that any right to use Calerie’s marks and copyrighted materials is nonexclusive, and Calerie has the right and sole discretion to grant others the right to use such marks and materials. IBP expressly recognizes that any and all goodwill affiliated with the marks and copyrighted materials (including goodwill arising from IBP use) inures directly and exclusively to the benefit of Calerie and is the property of Calerie, and that, on expiration or termination of this agreement, no monetary amount shall be attributable to any goodwill affiliated with IBP’s use of the marks or copyrighted materials.
Trademarks/Service Marks. IBP’s shall not advertise the Calerie products or the AP (Calerie Affiliate Plan) in any way other than by the use of authorized advertising or promotional materials made available to the IBP by Calerie.
IBP’s are prohibited from using Calerie’s trademarks, service marks, trade names, slogans, symbols, and color schemes in advertising in a manner that would suggest or imply that they are employed by or are agents of Calerie. All advertisements must provide the name of an IBP only. IBP’s shall not make any representations as to potential income to be received by a Calerie product User.
No Reproduction. All Calerie materials, whether printed, on film or produced by audio or video recording are copyrighted and may not be reproduced in whole or in part by IBP’s or any other person unless authorized in writing by Calerie.
No Distribution. IBP’s may not produce, use or distribute any information relative to the contents, characteristics, or properties of Calerie’s products which has not been provided directly by Calerie.
This includes but is not limited to print, audio or online media.
Deceptive Materials. IBP’s may not produce, sell or distribute literature, films, audio recordings or video recordings which are deceptively similar in nature to those produced, published, and provided by Calerie for its IBP’s. An IBP may not purchase, sell, or distribute non-Calerie materials that imply or suggest that said materials originate from Calerie.
Reverse Engineering. IBP’s may not modify or reverse engineer Calerie’s product or products in any way. Calerie considers any attempt to reverse engineer any of its products a very serious matter and reserves the right to protect its’ property and rights with every legal means available in law and in equity.
No Endorsements. No endorsements by a Calerie officer, administrator or third party may be asserted, except as expressly communicated in Calerie literature and communications. Therefore, IBP’s may not represent or imply, directly or indirectly, that Calerie’s programs, products or services have been approved or endorsed by any governmental agency.
Internet Policy. IBP may not advertise or promote their Calerie business or use Calerie’s name in any electronic media or transmission, including on the Internet via web sites or otherwise, without the prior written approval of Calerie, whose approval may be withheld at its sole discretion. If written approval is given, IBP must abide by the guidelines set forth by Calerie, including but not limited to the following: (i) IBP’s shall not make offers or solicitations in the guise of research, surveys or informal communication, when the real intent is to sell products or services or sponsor IBP’s; (ii) IBP’s operating online websites, whether or not they collect personal information from individual consumers, shall disclose to the consumer in a prominent place on the website how the consumer information will be used and must follow any laws regulating the handling of personal data; (iii) an IBP sharing personal information collected online should provide individual consumers with an opportunity to prohibit the dissemination of such information, and if any consumer requests that his or her personal information not be shared, IBP shall refrain from sharing such information; (iv) an IBP shall provide individual consumers the option to terminate any further communication between the IBP and the consumer, and if any consumer requests that an IBP cease communication, the IBP should immediately stop communicating upon such request; (v) IBP’s must abide by all laws and regulations regarding electronic communications, including but not limited to any provision requiring prior consent for unsolicited contacts via electronic media; (vi) an IBP may not distribute content by use of distribution lists or to any person who has not given specific permission to be included in such a process; spamming or distribution of chain letters or junk mail is not allowed; (vii) IBP’s may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; and (viii) an IBP may not send bulk unsolicited e-mails to persons who have not requested information. Spam is strictly prohibited.
Sales Presentations. At sales presentations, IBP’s shall truthfully identify themselves, their products, and the purpose of their business to prospective customers. IBP’s may not use any misleading, deceptive, or unfair sales practices. Explanation and demonstration of products offered shall be accurate and complete including, but not limited to, with regard to price, terms of payment, right of withdrawal, refund rights, guarantees, and after sales services and delivery. IBP’s must immediately discontinue a demonstration or sales presentation upon the request of the consumer. IBP’s shall not directly or by application, denigrate any competing product. IBP’s shall refrain from using comparisons which are likely to mislead and which are incompatible to the principles of fair competition. Points of comparison shall not be unfairly selected and shall be based on facts which can be substantiated. IBP’s shall not abuse the trust of individual consumers, shall respect the lack of commercial experience of consumers and shall not exploit a customer’s age, illness, lack of understanding or lack of language expertise.
Calerie shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riots, wars, fires, death, curtailment of a party’s source of supply, or government decrees.
The term of the Calerie Agreement is one (1) year from the date of its acceptance by Calerie and will be automatically renewed at no additional charge each year.
12. CONFLICTS OF INTEREST AND CONFIDENTIALITY
Conflict of Interest. IBP’s are free to participate in other affiliate, direct sales and marketing business ventures. However, during the term of this agreement, IBP’s may not use directly recruit other IBP’s or customers for any other business except their personally enrolled IBP’s.
Confidentiality. During the term of the agreement, Calerie may supply to IBP’s confidential information, including, but not limited to customer lists, customer information developed by Calerie or developed for and on behalf of Calerie by IBP’s, (including, but not limited to, customer and IBP profiles and product purchase information), IBP lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Calerie may designate as confidential. All such information (whether in written or electronic form) is proprietary and confidential to Calerie and is transmitted to IBP’s in strictest confidence on a “need to know” basis for use solely in IBP’s business with Calerie. IBP’s must keep such information confidential and must not disclose any such information to any third party, directly, or indirectly. IBP’s must not use the information to compete with Calerie or for any purpose other than promoting Calerie’s program and its products and services. Upon expiration, nonrenewal or termination of the agreement, IBP’s must continue to keep such information confidential, discontinue the use of such confidential information and promptly return any confidential information in their possession and all copies thereof to Calerie.
13. PRODUCT ORDER/SALES & RETURNS
Cooling Off Laws for US/Canadian/European consumers. Federal and International law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller’s main office. Calerie’s online sales order form contains all legally required notices. In addition, Calerie’s return policy informs the buyer of the 3-day right to cancel at the time the buyer purchases the goods. Calerie reserves the right to not refund IBP’s for Product Packages or Services of its proprietary information that Calerie has already used or participated in.
14. PROHIBITED USAGE
The excessive usage violation of the Calerie website through traffic bots or list spamming is strictly prohibited. Violations of this policy can result in suspension or termination of the violating IBP.
15. ERRORS OR QUESTIONS
If an IBP has questions about or believes any errors have been made regarding commissions, bonuses, sales group activity reports, or charges, the IBP must notify Calerie within ten (10) days of the date of the unreported error or incident in question. Calerie will not be responsible for any errors, omissions or problems not reported to it within 10 days.
16. ROLL UP OF VACATED ID
Upon cancellation or termination of an IBP position, all individuals on the first level of the cancelled or terminated IBP position may move into the vacated position. Provided, however, in the event the IBP is involuntarily terminated for violation of Calerie policies or other wrongful conduct, Calerie may first recoup any losses arising from the terminated IBP’s conduct before all individuals on the first level of the terminated IBP move into the vacated IBP position.
17. CONTINUING DEVELOPMENT OBLIGATIONS
Any IBP who wishes to participate in AP must perform a bona fide supervisory function to ensure that his or her sales group is properly operating his or her Calerie business. IBP’s must have ongoing contact, communication and management supervision with the IBP’s in their sales group. Examples of such contact and supervision may include, but not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail and electronic mail and these contacts must not violate any part of the agreement.
18. NO DISPARAGEMENT
IBP’s must not disparage other IBP’s, Calerie’s products/services, AP or Calerie’s employees.
19. OBJECTIONABLE ACTIVITY OR CONDUCT
IBP’s may not distribute material, have written correspondence, telephone contact, voice mail and/or electronic mail that is or contains unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations.
20. REPORTING POLICY VIOLATIONS
IBP’s observing a policy or agreement violation by another IBP should submit a written report of the violation to the attention of Calerie’s compliance department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
21. DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
Disciplinary Sanctions. Violation of the agreement, fraudulent, deceptive or unethical business conduct by any IBP may result, at Calerie’s discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the IBP to take immediate corrective measures;
- Imposition of a fine, which may be withheld from commission checks;
- Loss of rights to one or more commission checks;
- Any other measure which Calerie deems practicable to resolve disputes caused partially or exclusively by the IBP’s policy violation or contractual breach.
- Suspension of the individual’s Calerie position for one or more pay periods;
- Involuntary cancellation of the offending IBP position;
- Immediate removal of the Calerie website(s) and termination of the IBP’s position;
- Any other measures expressly allowed within any provision of the agreement or allowed by law;
The IBP is only entitled to a commission if he or she is not in violation of the agreement.
In the event an IBP is terminated and desires for his or her termination to be reconsidered, Calerie must receive the request for reconsideration in writing within 15 days from the date of notice of termination. If no request for reconsideration is received within the 15-day period, the termination will automatically be deemed final. If an IBP files a timely notice of request for reconsideration, Calerie will review the request for reconsideration and notify the IBP and the ethics committee of its decision within 10 days after receipt of the request for reconsideration. The decision of Calerie will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice. The ethics committee will consist of officers of Calerie and at times, as determined in Calerie’s sole discretion, other IBP’s selected by Calerie.
24. Grievances and Complaints.
When an IBP has a grievance or complaint with another IBP regarding any practice or conduct in relationship to their respective Calerie businesses, the complaining IBP should first report problem to their enrolling IBP who should review the matter. If the matter cannot be resolved it must be reported in writing to the Calerie services department at Calerie. Calerie will review the facts and resolve it.
25. Cost Effective Dispute Resolution/Waiver of Jury Trial.
If a dispute arises relating to any relationship between or among Calerie, its officers, employees, IBP’s, customers, or vendors or arising out of any products or services provided by Calerie, it is expected that the parties will attempt in good faith to resolve any such dispute in amicable and mutually satisfactory manner.
In the event such efforts are unsuccessful, either party may serve a notice of mediation on the other party. Notice of mediation shall be personally delivered or sent by the registered email address or prepaid registered airmail or air courier, and shall be effective on receipt thereof by the party to whom it is addressed. Proof of receipt shall be a receipt signed by an officer or responsible official of the party to whom it is addressed. The notice of mediation shall be dated, and without prejudice to any right under the rules permitting subsequent modifications, and shall specify the claims issues that are to be addressed in the mediation.
If differences cannot be resolved by mediation, the parties agree that, in order to promote to the fullest extent reasonably possible a mutually amicable resolution of the dispute in a timely, efficient and cost effective manner, they will waive their respective rights to a trial by jury and settle their dispute by submitting the controversy to arbitration in accordance with the commercial rules of the Arbitration Association except that all parties shall be entitled to all discovery rights allowed under the rules of civil procedure as those rules exist in the California Court.
If an IBP files a counterclaim against Calerie, he or she may only do so on an individual basis through arbitration and not with any other IBP or as part of a class or consolidated action. Any substantive or procedural rights other than the enforceability of the arbitration agreement shall be governed by the law of California (the Company’s home office state and country).
Except as provided in this Section, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of such arbitration award. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief.
Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity, use or registration of any mark, copyright, or other intellectual property or proprietary or confidential information of Calerie without Calerie’s prior written consent. Calerie may seek any applicable remedy in any applicable forum with respect to these disputes and with respect to money owed to Calerie. In addition to monetary damages, Calerie may obtain injunctive relief against any violation of the agreement or misuse of Calerie’s trademarks, copyrights or confidential information. Nothing in this rule shall prevent Calerie from terminating the agreement or from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergency relief available to safeguard and protect Calerie’s interests prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding. Nothing contained herein shall be deemed to give the arbitrator any authority, power or right to alter, change, amend, modify, add to, or to subtract from any of the provisions of the Calerie agreement, TAP or any other legal use document or policy.
Governing Law, Jurisdiction and Venue. Sole and exclusive jurisdiction and venue of any matter shall reside in California. Except as set forth herein, arbitration shall be the sole and exclusive procedure for resolution of disputes between the parties, including any disputes that might arise after termination of this agreement.
All notices to be given pursuant to the agreement shall be deemed to have been properly given by depositing/sending the notice in the mail or registered email address, addressed to the subject IBP the last address on file with Calerie, postpaid and registered or certified; or delivery by hand or by a recognized overnight delivery service; or by facsimile transmission; or by email. All notices shall be deemed given; ten (10) business days from the date of postmark, if sent by mail; seven (7) days after notice is deposited with a delivery service; or same day if delivered by hand or upon transmission by facsimile or by email.
27. NONWAIVER PROVISION
Failure of Calerie to exercise any right stated in the IBP agreement shall not constitute a waiver of Calerie’s right to demand exact compliance therewith. Waiver by Calerie of any breach of any provision of the agreements shall not constitute a waiver of any prior, concurrent, or subsequent breach by the IBP. An authorized officer of Calerie must issue the waiver in writing.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the agreement is held to be invalid or enforceable, Calerie shall have the right to modify the invalid or unenforceable provision or any portion thereof, to the extent required to be valid and enforceable, and the IBP shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
29. LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, Calerie AND ITS IBP’S, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND IBP’S HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO IBP’S PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY IBP AND Calerie, WHETHER SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY. FURTHERMORE, IT IS AGREED THAT ANY DAMAGES TO AN IBP SHALL NOT EXCEED, AND IS EXPRESSLY LIMITED TO, THE AMOUNT OF Calerie PRODUCTS OR SERVICES OF Calerie OWNED BY THE IBP AND ANY COMMISSIONS OWED TO THE IBP.
30. NO WARRANTIES
Calerie HEREBY DISCLAIMS ALL WARRANTIES. Calerie MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, THE SERVICE OR THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT, PRODUCTS OR SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND LIED, ARISING OUT OF, OR IN CONNECTION WITH, THE SITE, SERVICE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING AND ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES AND ANY ACTIONS RESULTING FROM Calerie PARTICIPATION IN ANY SERVICE.
Calerie MAKES NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF THE Calerie’S PRODUCTS OR SERVICES. INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS.
31. LIMITED LIABILITY
Last updated on 08/29/2020