Please read this Agreement carefully before accessing or using Carb Manager. By accessing or using any part of the website or mobile applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Carb Manager or use any services. If these terms and conditions are considered an offer by Carb Manager, acceptance is expressly limited to these terms. Carb Manager is available only to individuals who are at least 18 years old.
- Your Carb Manager Account. If you create an account on Carb Manager, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with Carb Manager. You must immediately notify Carb Manager of any unauthorized uses of your account or any other breaches of security. Carb Manager will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. When You submit data, images, files, and other material to Carb Manager, or otherwise make (or allow any third party to make) material available by means of Carb Manager (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
• the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Carb Manager or otherwise.
Without limiting any of those representations or warranties, Carb Manager has the right (though not the obligation) to, in Carb Manager’s sole discretion (i) refuse or remove any content that, in Carb Manager’s reasonable opinion, violates any Carb Manager policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Carb Manager to any individual or entity for any reason, in Carb Manager’s sole discretion. Carb Manager will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal. Paid services are available on Carb Manager (any such services, a “Subscription”). By selecting a Subscription you agree to pay Carb Manager the monthly, multi-month, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, multi-month, or annual subscription period as indicated. Subscription fees are not refundable. Subscriptions can be cancelled up to 24 hours before the end of the subscription billing cycle by contacting us (for subscriptions initiated on our web site) or via the iOS or Google Play subscription management settings. Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis.
- Responsibility of Visitors. Carb Manager has not reviewed, and cannot review, all of the material, including computer software, posted to Carb Manager, and cannot therefore be responsible for that material’s content, use or effects. By operating Carb Manager, Carb Manager does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Carb Manager may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Carb Manager may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Carb Manager disclaims any responsibility for any harm resulting from the use by visitors of Carb Manager, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Carb Manager links, and that link to Carb Manager. Carb Manager does not have any control over those non-Carb Manager websites and webpages, and is not responsible for their contents or their use. By linking to a non-Carb Manager website or webpage, Carb Manager does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Carb Manager disclaims any responsibility for any harm resulting from your use of non-Carb Manager websites and webpages.
- Copyright Infringement and DMCA Policy. As Carb Manager asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Carb Manager violates your copyright, you are encouraged to notify Carb Manager. Carb Manager will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Carb Manager will terminate a visitor’s access to and use of Carb Manager if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Carb Manager or others. In the case of such termination, Carb Manager will have no obligation to provide a refund of any amounts previously paid to Carb Manager.
- Intellectual Property. This Agreement does not transfer from Carb Manager to you any Carb Manager or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Carb Manager. Wombat Apps, Carb Manager, Carb Manager.com, the Carb Manager logo, and all other trademarks, service marks, graphics and logos used in connection with Carb Manager are trademarks or registered trademarks of Wombat Apps or Wombat Apps’s licensors. Other trademarks, service marks, graphics and logos used in connection with Carb Manager may be the trademarks of other third parties. Your use of Carb Manager grants you no right or license to reproduce or otherwise use any Wombat Apps or third-party trademarks.
- Advertisements. Carb Manager reserves the right to display advertisements on Carb Manager.
- Changes. Carb Manager reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Carb Manager following the posting of any changes to this Agreement constitutes acceptance of those changes. Carb Manager may also, in the future, offer new services and/or features through Carb Manager (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Carb Manager may terminate your access to all or any part of Carb Manager at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Carb Manager account (if you have one), you may simply discontinue using Carb Manager. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by Carb Manager if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Carb Manager’s notice to you thereof; provided that, Carb Manager can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. Carb Manager is provided “as is”. Carb Manager and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Carb Manager nor its suppliers and licensors, makes any warranty that Carb Manager will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Carb Manager at your own discretion and risk. Information posted on Carb Manager may not be accurate or current.
- Limitation of Liability. In no event will Carb Manager, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Carb Manager under this agreement during the twelve (12) month period prior to the cause of action. Carb Manager shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Medical Disclaimer. You are responsible for your own health. Carb Manager is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to changing your diet or exercise plan and ask your physician any questions you may have regarding a medical condition. Although we do out absolute best to verify the accuracy of information contained herein, we cannot guarantee its accuracy.
- Permitted Uses. If you have a serious medical condition, including but not limited to pregnancy, diabetes, high blood pressure, cancer or heart disorders, you may not use Carb Manager without the prior approval and supervision of your physician or other licensed healthcare provider. If you suffer from anorexia nervosa, bulimia, or other related eating disorders, you are not permitted to use Carb Manager. You must be at least 18 years of age to use Carb Manager.
- Indemnification. You agree to indemnify and hold harmless Carb Manager, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Carb Manager, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Carb Manager and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Carb Manager, or by the posting by Carb Manager of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Carb Manager will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in King County, Washington. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Carb Manager may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.