CAL LAB ACCESS, LLC
USER AGREEMENT and TERMS OF USE

CAL LAB ACCESS LLC, A limited liability company of the State of Maine, USA, and having its principal place of business in Saco ME, USA. CAL LAB ACCESS, LLC, will also be represented by “CLA” and/or “COMPANY” in this agreement.

WHEREAS, CLA is in the business of providing consulting and services in different fields to its clients which includes but not limited to training, consultancy, validation, complete laboratory management solutions, etc., based on its clients’ needs and wants.

Between CLA and YOU consist of this USER AGREEMENT, in addition to our Privacy Policy and Terms of Use which are part of the User Agreement herein and accessible on our site’s company section page. If there is any conflict between this USER AGREEMENT and the Terms of Use, this USER AGREEMENT shall take precedence.

Interested Parties

Interested parties in this agreement are “you”, “YOU” (your company, your employees, your customers, your suppliers and any other person or entity), who access our database and needs consulting & training services and the owner of CAL LAB ACCESS, LLC, hereafter called CLA.

Representation: If you are representing a company, representing yourself or someone else then (“your”, “you”, “YOU”) means your company or organization or the person you are representing.
“we”, “us”, “our”, “our website” or “our site” shall be read as CAL LAB ACCESS, LLC business.
Rights to Use CAL LAB ACCESS Website:

CAL LAB ACCESS, LLC (‘CLA”) will provide you or your company and your customer’s an access to open an account and use the online asset management database to manage your laboratories’ business activities. Provided you agree to all the terms & conditions, privacy policies, terms of use and use of cookies.

CLA will give you an access and membership privileges to create an account and to use our online calibration asset management database, provided that you accept all terms and conditions, privacy policy and terms of use.
Please review carefully and become familiar with all of our policies. By registering and activating your account you have read, understood and agreed and accepted all of our terms and conditions, privacy policies and terms of use without any objection, and you have the authority to represent yourself or your company.
IF YOU DO NOT AGREE WITH OUR POLICIES AND/OR IF YOU DO NOT HAVE THE AUTHORITY TO SIGN THIS AGREEMENT, THEN CLA HAVE THE RIGHTS TO REFUSE YOU AND DENY THE ACCESS TO OUR SERVICES AND PRODUCTS.

Notification of Changes

CAL LAB ACCESS, LLC have the rights to change and/or update (Terms and Conditions, Privacy Policy, Terms of Use, Use of Cookies) without notice anytime for any reason. Such changes will be updated and/or replaced on our website. Your continued use of our website and its services including online calibration management software database constitutes that you have read and agreed to be bound by its terms. If any of the change(s) is(are) unacceptable to you, then you have the right to cancel your account with us. Your continued using of our services and products following the posted changes to our policies, will constitute an agreement acceptance.

Requirements (PC)

To access our website and online calibration asset management database from anywhere and at any time YOU need an internet connection with nominal speed (per your country of resident), a computer (desktop), laptop, tablet, and /or any other form of device that can be connected to an internet either using a cable (or) wireless (Wi-Fi) and/or your cell phone (smart phone) data. CAL LAB ACCESS, LLC and its associates are not responsible for such additional expenses that may incur.

YOUR Understanding

CAL LAB ACCESS and its associates including but not limited to (employees, consultants, sub-contractors, suppliers) are not responsible directly (or) indirectly that how you read, understand, interpret, use and apply our website and online calibration asset management database contents and features. It is your responsibility to verify the available information and decide on where, what, when, why, who and how the contents, features and other available information can be and/or will be used in your process(es).

Software

We do not have any software to download (or) to be used to access our online calibration asset management database. It is an online and cloud base model. This database may be the copyrighted work of CAL LAB ACCESS, LLC. Accessing our online calibration asset management database is governed by the Terms of Use and User agreement. Any reproduction or redistribution of the memberships or login credentials is strictly prohibited.

You also agree that if you include a link from any other website to our website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of such website. You are not permitted to link directly to any image hosted on our website or our consulting and services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on our website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to our website in any manner such that our website, or any page of our website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to our website be discontinued, and to revoke your right to access our online calibration asset management database any time upon written notice to you.

Our website and online calibration asset management database is intended for use only from within the United States of America. We do not represent that our website is appropriate for use elsewhere. Access to our website and an online calibration asset management database from locations where its contents are illegal is not authorized.

CLA may introduce (as a continual improvement), such as TUR calculator, Business PDF (Prevention, Detection & Findings) calculator, to assist YOU and YOUR business to make a wise decision on how YOU can improve. It is up to YOU to download and use in YOUR business for improvements. CLA and its associates are not responsible for any outcome (whatsoever) by using such calculators.

Confidential Information

You agree that all non-public information, intellectual properties that we provide you to access and have privileges to utilize it during your membership, including without limitation, our templates (password protected), membership pricing, methodology on marketing, and business processes, is considered our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as our member while in compliance with our policies, and you further agree not to use or disclose this confidential information for a period of five (5) years after termination of this Agreement.


Subscription Fee & Plan

CAL LAB ACCESS, LLC offers several monthly and/or yearly subscription plans to access CAL LAB ACCESS, LLC online calibration asset management database to its customers and their customers.

Account Access Plan (AAP):

CAL LAB ACCESS, LLC (CLA) offers online calibration asset management database access to its customers and their customers for a monthly fee. This monthly fee varies from customer to customer and per their requirements. Each laboratory (customer) will choose their own plan based on their needs. Database access can be purchased on monthly or yearly basis;
• Monthly Account Access Plan (MAAP)
• Yearly Account Access Plan (YAAP)

To keep your account active and to access your documentation, please make a payment using payment link “PAY NOW” provided on the invoice page. Your laboratory’s (company’s) access and your customers’ access may be put on HOLD, if we did not receive payment before its due date.
We accept all major credit cards (VISA, MASTERCARD, AMERICAN EXPRESS, ETC.,). All CAL LAB ACCESS, LLC policies and terms of use applies.

Please contact us via email (info@callabaccess.com) to discuss your account options.

Membership & Restrictions

Membership services include access to our online calibration asset management database. This online database will be used by small to medium calibration and testing laboratories and enable these laboratories to manage, track and update their company assets as well as their customers’ assets. We reserve the right to update and modify the online calibration asset management database as and when needed without any notice from time to time as a continual improvement.

Membership access is subject to acceptance of all our policies including (User Agreement, Privacy Policy & Terms of Use), you cannot activate your account and cannot access our database services, if you’re not able to accept all our policies. We have the right to restrict you, your employees and your customers at any time for any violations in our policies. Membership terms are per contract agreement at the time of registration and can be extended per mutual agreement.

You will be assigned a unique login user name and a password for the accessing our online calibration asset management database, and you agree not to use misuse the database and will not share your login credentials with anyone else besides you. If you, your employees and your customers knowingly share their login credentials with another person who is not authorized to use our online calibration asset management database, this Agreement is subject to termination for cause. You also agree to immediately notify us of any unauthorized use of your account, or any other breach of security. You agree not to access (or attempt to access) this site by any means (use of scripts, web crawlers) other than through the internet and your login credentials. You, your employees and your customers are not authorized to sell, make any modifications, license to others, transfer your accounts, distribute membership, and its products/services or any contents, also not authorized to store any pornographic material, propagation, or any other material which may deem to be offensive. If we find any of these material(s) on our server from any of your accounts and breach of our policies, we may take necessary action and terminate your account, your employees account and your customers account without notice and no refund on your membership agreement, and also if needed will inform to the respective departments for disciplinary action.

Monitoring: We reserve the right to monitor yours’ and your employees’ and your customers’ access to our online calibration asset management database at any time without notification for security purposes, and also to improve the process.

Termination: CLA may terminate, suspend or discontinue any part of the online calibration asset management database and any consulting & training services from our website at any time. CLA may restrict, terminate your access to our website and its services if we believe you are in breach of our policies or applicable law, or for any other reason without notice or liability. CLA maintains a policy that provides for the termination in appropriate circumstances of the online calibration asset management database use privileges of members who are repeat infringers of intellectual property rights.

Consultancy, Training and Services

CLA may offer consultancy, training and/or services available to our existing customers and future prospects around the globe. If you’re interested and would like to order any of our products or services. You agree to pay in full the prices for any purchases you make by check. You agree to pay all applicable taxes. If payment is not received by us from you, we will not proceed with your order. You agree to pay all amounts due upon demand by us. Certain products and services that you purchase and/or download on or through our website may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Privacy Policy

At CLA, we monitor continuously our website to protect your privacy online. We are committed to protect any information you provided at the time of registration (i.e. your name, your company name, etc.). please review our privacy policy section for additional details.

Collected Information

When you register using an online registration form. Any personal information which you submit during online registration will be stored and administered in our servers located in the United States of America. If you reside outside the United States of America, you consent to the transfer of personal information outside your country of residence to the United States of America. The provided information will be added to our database, as a registered member. If you decide not to be added to our database, you can send a request to be removed from our database at the following email address: info@callabaccess.com you may receive additional, proficiency testing plans, training related information in the future. CLA does not share your personal information with any third party for marketing and commercial purposes. By completing an online registration form and/or by requesting via email to add to our database you’re also confirming that you’re at least 18 years of age and agree to our policies. Also, you warrant that your personal information is accurate and will be updated to your current status, and also you are authorized to provide such information. You agree that we can verify your information at any given time without notice. If any information that you provide is incorrect, not accurate, not current or incomplete, we have the right, in its sole discretion, to terminate your account. We may convert your provided information in any digital format to display or to use internally.

License to CAL LAB ACCESS, LLC

You are allowing CLA and its associates an unconditional (royalty-free, unrestricted rights) global access to your data, uploaded records, files, documents, manuals, procedures, patented material, patented ideas, copyright documents, at any given time. Also, you are granting CLA unconditional permission to use, copy, sublicense, post, adapt in our future projects, transmit, transfer, distribute, publish, implement and recommend to others as and when needed.

Applicable Laws

CLA manage, operates and control online calibration asset management database and our website from our office(s) in the United States of America. We do not represent that materials on our website are appropriate or available for use in other countries and locations. Parties and persons who choose to access our website from other locations do so on their own initiative, and are responsible for compliance with your local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Accordance: This agreement shall be governed by and construed in accordance with the laws of the State of Maine without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Resource Corner Links

Our website contain links to other informative websites, CLA has no control and accepts no responsibility. If you decide to access any of the third-party websites linked on our website, you do so entirely at your own risk. CLA shall not be liable for any losses caused by these websites. CLA has not reviewed nor monitored all of these third-party websites and does not control and is not responsible for them or their content or availability. Once you click on one of these weblinks a new window will open to show you the website you must note that we do not have any control over the other website(s). Hence, we cannot be responsible for the protection and privacy of any information which you provide on these websites. You must pay attention and look at the privacy statement applicable to the website you’re visiting.

The content and the pages of this website is to provide you information about the consulting services, online calibration asset management database and training programs offered by us. It is subject to change without notice. You may view the information from the website for your own personal use, however, no part of this website may be reproduced or utilized in any form or by any means (graphic, electronic or mechanical including photocopy or recording or “mirror” the Content on your server or by information storage and retrieval system) without written permission.

Derivatives

Any or all translation (including translation into other human or computer languages), portation, modification, correction, addition, extension, upgrade, update, enhancement, revision, new version, improvement, compilation, abridgement, or other form in which the Intellectual Property Rights may be recast, transformed, or adapted, including any products, systems or other items which provide comparable or enhanced functionality systems or other items which provide comparable or enhanced functionality whether or not specifically based on or derived from such Intellectual Property Rights.

The content and the pages of this website is to provide you information about the consulting services, online calibration asset management database and training programs offered by us. It is subject to change without notice. You may view the information from the website for your own personal use, however, no part of this website may be reproduced or utilized in any form or by any means (graphic, electronic or mechanical including photocopy or recording or “mirror” the Content on your server or by information storage and retrieval system) without written permission.

No Partnership

CAL LAB ACCESS, LLC (“CLA”) does not have any partnership with anyone. Nothing herein contained shall give, or is intended to give, any rights of any kind to any third party.

Trademark

CAL LAB ACCESS, LLC may apply for Trademarks. Other company names may have been mentioned herein may be the trademark of their respective owners.

Indemnification

You agree to indemnify, defend, and hold harmless CLA, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, privacy policies & terms of use or any activity related to your use of this website (including negligent or wrongful conduct) by you or any other person accessing this website using your computer or internet account.

Calibration Templates & Documentation

All calibration templates (standard), training documentation, brochures, training matrix, measurement uncertainty templates, calculations and other CLA projects & documentation, owned by or licensed to CLA, relating or referring to the CLA Technology. CLA consulting services are also be considered as CAL LAB ACCESS products. Rights: Any and all Intellectual Property Rights and Derivatives, of CLA Copyright, CLA Documentation, CLA Marks, CLA Patents, CLA Technology and/or the Project Work Product.

All available calibration templates were designed and developed by CLA and its associates including calibration template developers within metrology network of CLA. These templates were designed using Microsoft Excel program (MS-EXCEL) and they are password protected at the time of release. The purpose of protecting these templates is to standardize the data reporting format using publicly available information on instrument’s specifications. It is prohibited to use any programming software to unprotect these templates (any attempt to unprotect these templates will be considered as a contract breach), YOU agreed that, CLA have the right to terminate YOUR account without notice and without any explanation. YOU also agreed that CLA and its associates are not responsible for the correctness of each template.

Test Uncertainty Ratio (TUR) calculations, Measurement Uncertainty calculations, Tolerance calculations, etc., reported on these template as and when needed are based on industry standard. If you find any deviations in these templates, please contact us with your references and detailed explanation about the error, CLA and its associates will review and if needed will update such template within reasonable time.

Technology: CLA’s proprietary training documents, calibration templates, measurement uncertainty calculations, formulae and materials hereto including, but not limited to, all English and foreign language, all commercial and non-commercial, and all present and future versions thereof, and all required and/or relevant CLA Documentation, Intellectual property Rights and other proprietary rights therein, and Derivatives thereof that is required and/or relevant to development of current and future versions of documents. CLA Technology includes:

Intellectual Property Rights: Any and all proprietary, common law, and/or statutory intellectual property rights, including but not limited to, patentable materials and patent rights, copyrightable materials and copyrights, moral rights, trade secret rights, trademark rights, service mark rights, and/or any and all other proprietary rights, including all Derivatives. All registered members and their customers warrants and represents that it does not intend to , nor will, directly or indirectly, export or transmit the CLA Technology, in whole or in part, or any CLA Confidential Information or technical data relating thereto, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or other such governmental entity as may have jurisdiction over such export or transmission. No intellectual property will be transferred by registered members and their customers to nations, persons or entities not permitted to receive such information by the government of the United States, including, but not limited to those nations, persons or entities regulated by the specially Designated Nationals List, the office of Foreign Asset Control, or any entity so affecting commerce.

Third Part Rights

Any and all of the proprietary third-party patents, copyright, and trade secrets licensed to CLA and include in the CLA intellectual Property Rights relating or referring to the CLA Technology.

CLA reserves the right to revise, amend & update, alter and/or delete the information without any notice. CLA reserves the right to change the terms & conditions, privacy policy, terms of use, and notices at any time and from time to time without specific notice to you. The latest terms and conditions will be posted on this site and you are responsible for regularly reviewing these terms and conditions, privacy policy & terms of use.

Typographical Errors

Information provided on this website related to the products and services may include inaccuracies or typographical errors. If a product (quality manual, procedures, templates), consulting services and/or training material is listed at an incorrect price due to typographical error, CLA shall have the right to cancel or refuse any purchases made through online orders listed at the incorrect price. If your account has been charged and your order is confirmed, then CLA will honor the order and provide you the purchased product or consulting services per our defined policies.

Force Majeure

CLA shall not be responsible and/or liable for damages for any failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, delay, government restrictions, fires, wars, riots, damage to our servers, Acts of God, acts of civil or military authority, embargoes, disruptions on internet services, computer virus attacks, hackers, or failure in communications.

Disclaimer

CLA and its associates have developed these documents (calibration templates, adjustment procedures, training course(s), documentation, measurement uncertainty templates) to assist you and use them in your business as and when needed. Those who are accessing our documents must understand that, we have used the available specifications and accuracies from original equipment manufacturer to develop these templates. CLA and/or its associates must not be held responsible for the outcome of this product.

Our site and its associates disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to our site or products or contents acquired from our site, including but not limited to implied warranties, completeness, timeliness, correctness, non-infringement or fitness to any purpose. Our employees, owners and our site do not represent or warrant that our site, its products and/or content will be secured fully, virus free, error free, timely or uninterrupted or operate in combination of any other hardware or meet your expectations, or meet your requirements. These disclaimers are the essential part of this user agreement. No purchase or use of items offered by our site is authorized hereunder except these disclaimers.

CLA’s online calibration asset management database, including, without limitation, all services, content, functions, and materials provided through our website, are provided “as available at the time of upload to our online calibration asset management database” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data recording and processing, uptime or uninterrupted access, any warranties concerning the accuracy, completeness, precision, correctness, validity, availability, playability, thoroughness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. CLA do not warrant that our website or the services, content, functions or materials provided through our website will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that our website or the provided services will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or through online communication shall create any warranty not expressly made herein. CLA also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your personal computers, servers, equipment on account of your access to, use of, or browsing in our website or your downloading of any materials, data, text, images, video content, or audio content from our website. If you are dissatisfied with the services, your sole remedy is to discontinue using our website. We try to ensure that the information posted on our website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on our website at any time and without any prior notice or warning. CLA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on website, nor for any offensive, defamatory, obscene, indecent, unlawful, or infringing posting made thereon by anyone other than authorized CLA employee spokespersons while acting in their official capacities (including, without limitation, other users of website). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Without limitation of the above in this section, CLA and its associates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided our website, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, and otherwise on the web site or in correspondence with CLA or its associates. Any products and services ordered or provided via website are provided by CLA “as is,” except to the extent, if at all, otherwise set forth in a sale agreement separately entered into in writing between you and CLA.

Limitation of Liability: in no event either party’s collective liability exceeds the amounts actually paid by and/or due from you in the three (3) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its associates be liable to anyone for any indirect, disciplinary, special, exemplary, related, consequential, or other damages of any kind (including loss of data, error, omission steps and test points in templates, revenue, re-work, profits, etc.) arising out of, or in services.