Terms of service

DISCLAIMER

We at Calm Caterpillar hope our kits, books, videos, and other products and services will be helpful to you, your children and your family and give you inspiration, growth, and a better day.

However, the Calm Caterpillar makes no warranties, either express or implied, that our products or services will result in any specific outcome or the completeness or timeliness of any results or changes. We make no promises that it will fix your or your child's problems or behavior or change your or your child's life.

While we have done a lot of research, we cannot be responsible for any errors or omissions in our products or services or misuse of the information as presented. Importantly, our products and services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We at the Calm Caterpillar are not doctors or certified professional therapists, and we do not claim to be offering any professional advice. We encourage you to seek professional medical or mental health help for your child if he/she/they are having any emotional, physical or mental challenges, and please stop using our products and services if you find your child in distress. Our products and services are not a substitute for any medical advice, diagnosis or treatment.

In no event will The Calm Caterpillar be liable to you or anyone else for any decision made or action taken as a result of use or non-use of our products and/or services or for any consequential, special or similar damages, even if advised of the possibility of such damages.

You acknowledge and agree that your use of this website, and any products or services accessed from this site or purchased from this site is at your sole risk. The website, products and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. The Calm Caterpillar hereby disclaims all warranties of any kind with respect to the products and services, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the foregoing, we do not warrant or represent that the products and services will be accurate, error-free or will otherwise meet your needs or expectations. We specifically disclaim any and all liability associated with your use of the website, products and/or services.

All products purchased are non-refundable and all sales are final.

TERMS OF USE

The Calm Caterpillar

Dated: June 6, 2022

Thank you for visiting www.calmcaterpillar.com. Through this website you can view and purchase our products and services (the “Products and Services”). This website and all content created herein (“Site”) as well as all content in our Products and Services is owned by The Calm Caterpillar LLC, an Ohio limited liability corporation (“Company”, “we” or “us”).

These terms and conditions, which may be amended from time to time exclusively by us (the “Terms of Use”) along with the Privacy Policy and the Cookie Policy, govern your access to and use of the Site and the Products and Services.

The Terms of Use are entered into as a contract between you and us. Please review these Terms of Use carefully. By accessing or using our Site or by purchasing Products and Services, you accept and agree to be bound by and abide by the Terms of Use. Please do not access the site or purchase Products and Services if you do not agree to be so bound.

The Site and the Products and Services are intended for users age 18 or older. By using the Site and purchasing the Products and Services, you agree that you are 18 years or older.

We are based in the United States. We make no claim that the Site is accessible or should be used outside of the United States. Access to the Site or the Products and Services may not be legal by certain persons or in certain countries. If you access the Site or Products and Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Site Availability

We reserve the right to change the Site and Products and Services provided at any time in our sole discretion, without notice. We are not liable for any downtime that the Site may experience or any unavailability you experience in accessing the Site.

Personal Information; Privacy Policy

If you provide any information in connection with your use of the Site or purchase of the Products and Services, you understand that all information we collect through the Site, such as through cookies, is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information consistent with the Privacy Policy and Cookie Policy.

Third Party Sites or Resources

The Site or Products and Services may contain links or references to other third party websites and resources. These are provided for your convenience or reference only, and we are not responsible for the availability or content of any linked site or resource. If you access any of these third party sites and resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We hereby disclaim all liability for any damage caused by such third party sites or resources. Without limiting the foregoing, certain services on our Site are delivered via third parties, and you hereby acknowledge that we may share information and data with third parties with whom we have a contractual relationship to provide our Products and Services or maintain the functionality of our business and this Site.

Product Information, Delivery and Returns

We do not offer returns. If there is an issue with any products or services purchased hereunder, please reach out within 5 days of receiving it so that we can resolve the issue. Issues raised after 5 days of receipt will be handled with discretion. We currently ship using the most effective and efficient service available at the time of shipping. As of now, we do not offer expedited shipping or shipping to multiple addresses from one purchase order.

Intellectual Property Rights

The Site, the Products and Services and their entire contents and functionality (including but not limited to all information, text, graphics, images, design, selection and arrangement, compilation, logos, word marks, trademarks, slogans, and trade dress) are owned by the Company or its licensors, and are protected by copyright, trademark, trade secret and other intellectual property or proprietary rights law, as applicable. You are granted a non-exclusive, non-transferable, revocable license to use the Site strictly in accordance with these Terms of Use. You warrant that you will not use the Site for any purpose that is unlawful of prohibited by these Terms.

Disclaimer

The Company makes no warranties, either express or implied, that the Products and Services will result in any specific outcome or the completeness or timeliness of any results or changes. We make no promises that it will fix any problems or behavior.

The Company is not responsible for any errors or omissions in our Products and Services or misuse of the information as presented. Importantly, our Products and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We do not claim to be offering any professional advice. We encourage you to seek professional medical or mental health help for your child if he/she/they are having any emotional, physical or mental challenges, and please stop using our Products and Services if you or your child is in distress. Our Products and Services are not a substitute for any medical advice, diagnosis or treatment.

In no event will The Calm Caterpillar be liable to you or anyone else for any decision made or action taken as a result of use or non-use of our Products and/or Services or for any consequential, special or similar damages, even if advised of the possibility of such damages.

You acknowledge and agree that your use of this Site, and any Products and Services accessed from this site or purchased from this site is at your sole risk. The Site, Products and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. The Calm Caterpillar hereby disclaims all warranties of any kind with respect to the Products and Services, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the foregoing, we do not warrant or represent that the Products and Services will be accurate, error-free or will otherwise meet your needs or expectations. We specifically disclaim any and all liability associated with your use of the Site and Products and Services.

Limitations

You will use the Site and Products and Services for personal use only, absent express prior written consent of the Company.

You must not publish, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, reverse engineer, store or transmit any of the material contained on or in the Site or the Products and Services or in any way exploit the content in whole or in part, except for: (1) copies stored on your computer or mobile device temporarily in RAM incidental to your accessing and viewing those materials or (2) in automatically cached filed by your web browser for display enhancement purposes.

Your use of the Site and purchase of the Products and Services does not entitle you to make any unauthorized use of any protected content. You agree not to modify copies of any materials or content from the Service or Products and Services or delete or alter any copyright, trademark or other proprietary rights or attribution notices from copies of materials from the Products and Services or the Site.

If you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the Products and Services or the Site in violation of these Terms of Use, your right to use the Products and Services and/or the Site will cease immediately and you must, at our option, immediately return or securely destroy any copies of the materials you have made. No right, title or interest in or to the Products and Services or the Site or any content in or on the Products and Services or the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Products and Services or the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Our name, logo, product names, slogans, and designs are protected by trademarks. You may not use such marks without the prior written permission.

Prohibited Uses

You agree not to use the Products and Services or the Site: (i) in violation of federal, state or local law, rule or regulation, (ii) for exploiting, harming or attempting to harm or exploit any individual, (iii) to send, knowingly receive, upload, download or re-use content that is profane, pornographic, harassing, violent, hateful, inciting of violence, inaccurate, breaching confidentiality, or otherwise deemed inappropriate in our sole discretion, (iv) to impersonate or attempt to impersonate the Company or any employee, representative or customer; (v) to use the Site in a manner that could disable or impair the Site or use of the Site by us or others, including, but not limited to, by use of viruses, Trojan horses, worms or other malicious or harmful material; (vi) use any automatic device or means to access the Site for any reason such as monitoring, copying or making purchases on the Site; (vii) attempt to gain unauthorized access to interfere with or damage the Site or the server or any database or network connected to the Site or otherwise attack the Site via a denial-of-service attack; or (viii) to engage in any conduct that restricts or inhibits any other party’s use or enjoyment of the Products and Services or Site.

Feedback/Reviews

If you provide ideas, criticisms, suggested improvements or other feedback related to the Site or the Products and Services ("Feedback"), regardless of in what medium (mail, phone, email etc), you agree that this is not confidential information, and we may use such Feedback to: (i) improve the Site and the Products and Services and (ii) promote the Site and the Products and Services, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this may be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You hereby grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Product and Service reviews shall be considered Feedback that can be displayed on the Site and used by us in any way we see fit to provide such information to customers. You understand and acknowledge you are responsible for the content you submit including liability for its legality, reliability, non-infringement, and appropriateness.

We have the right to remove any third party content, including, but not limited to reviews for any or no reason in our sole discretion and to take any action with respect to any Feedback (including product reviews) that we deem necessary or appropriate in our sole discretion or required by law or to cooperate with governmental authorities and/or law enforcement.

Reliance on Information Posted

The information and materials presented on or through the Site and the Products and Services are made available solely for general information purposes. Information regarding products such as product descriptions are for informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information or materials. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Products and Services, or by anyone who may be informed of any of its contents.

All feedback and reviews that are posted are solely the opinions and responsibility of the person or entity providing such content or materials. Such content and materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Limitation of Liability

You acknowledge and agree that we provide access to the Site and the Products and Services in consideration of your agreement to certain limitations on our liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Site or the Products and Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise.

Your sole and exclusive remedy is to discontinue use of the Site and/or Products and Services. Our total liability to you for all claims arising from or related to the Site and the Products and Services is limited, in the aggregate, to the greater of (i) the refund for the total amount of products or services purchased giving rise to the claim, or (ii) fifty dollars (U.S. $50.00).

If you live in a jurisdiction that does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Statute of Limitations

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRODUCTS AND SERVICES OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You hereby agree to defend, indemnify and hold harmless The Calm Caterpillar LLC, its licensors and service providers, and its and their respective officers, directors, members, employees, contractors, agents, representatives, licensors, suppliers, successors and assigns from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to your violation of the Terms of Use or your use of the Site and/or Products and Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site or the Products and Services. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.

Governing Law and Jurisdiction

The offer and acceptance of these Terms of Use are deemed to have occurred in the State of Ohio. These Terms of Use shall be governed by the laws of the State of Ohio without respect to its conflicts of laws provisions. Except for matters which may be subject to arbitration, you hereby irrevocably consent to the venue and jurisdiction for all disputes or claims arising under these Terms of Use of the State and Federal Courts located in Cincinnati, Ohio, and hereby waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes to final and binding arbitration in Cincinnati, Ohio, under the Rules of Arbitration of the American Arbitration Association applying Ohio law. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

You agree that all claims and disputes under these Terms of Use must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Force Majeure

We are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our reasonable control, including without limitation acts of God, war, riots, terrorism, strikes, labor shortages, fire, extreme weather, embargoes, pandemics, epidemics, government actions, political unrest, postal or other shipping disruption, communication disruption, failure of infrastructure, supply chain interruption, or materials shortages.

No Joint Venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Site. Nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Waiver and Severability

No waiver by us of any term or condition set forth in the Terms of Use shall be deemed a continuing waiver of such term or condition or waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any provision hereof that might be held by a court of competent jurisdiction to be invalid, illegal or unenforceable shall be struck or limited and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Company with respect to the Site and the Products and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

Survival

All provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

We respect the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.

If you believe that content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing content (a “takedown notice”). Each takedown notice must be in English and include the following information:

Identification of the copyrighted work claimed to have been infringed.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

Information reasonably sufficient to permit us to locate the material (e.g., the applicable uniform resource locator or “URL”).

Your contact information, including your postal address, telephone number and an email address.

A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent or the law.

A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.

A physical or electronic signature of the copyright owner, other owner or a person authorized to act on their behalf.

Following our receipt of a takedown notice, we may publish the takedown notice to the general public or provide a copy of the takedown notice to the user that uploaded or provided the content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Site.

In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Site, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Website. In either case, we shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.

We reserve the right to remove any Accused Content at any time without prior notice, at our sole discretion, and without liability to you or anyone else. Our designated copyright agent for sending takedown notices and counter notices is:

Mail: The Calm Caterpillar, 2121 Section Road, Cincinnati, Ohio 45237

Email: contact@thecalmcaterpillar.com

Electronic Communications

You hereby consent to receiving email messages from us in connection with your use of the Site and/or purchase and support of Products and Services. Visiting the Site or sending electronic communication to us constitutes electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site, satisfy all legal requirements that communications be in writing.

Changes to the Site

We may update the content of the Site from time to time, but we make no representation or warranty that such content is complete or up-to-date or that Products and Services are available. We are under no obligation to update the Site content.

Changes to these Terms

We reserve the right to update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site or purchase of Products and Services. Your continued use of the Site or Products and Services following the posting of revised Terms of Use signifies your acceptance of such changes.

Feedback/Communications

All feedback, comments, and other communications relating to the Site, the Products and Services or these Terms of Use should be directed to: