ChemCal Pro Terms of Service

1. Introduction

Welcome to ChemCal Pro! These Terms of Service ("Terms") govern your use of our app and website. By accessing or using ChemCal Pro, you agree to these Terms. If you do not agree to these Terms, please do not use our services. ChemCal Pro is intended for use exclusively within the United States by certified pest management professionals holding up-to-date state-issued pest control licenses.

2. Eligibility

ChemCal Pro is intended for use by certified pest management professionals. By using this service, you confirm that you meet the eligibility requirements and that all information provided during registration is accurate.

3. User Accounts

  • Registration: You must provide accurate and complete information during the registration process. This includes, but is not limited to, your name, contact information, and professional credentials.
  • Security: You are responsible for maintaining the confidentiality of your account and password. ChemCal Pro is not liable for any loss or damage arising from your failure to protect your login credentials.
  • Data Collection: We collect and store information provided during registration and through your use of the app. Specific data, such as names and email addresses will not be shared with third parties, however general data, such as general locations, or general application use may be shared with third parties.

4. Subscription and Fees

  • Subscription Options: ChemCal Pro offers two types of subscriptions: Freemium and Premium.
  • Freemium: Users can access a limited portion of the app without charge.
  • Premium: Full access to all features of ChemCal Pro is available through a paid subscription, which can be purchased on either a monthly or annual basis.
  • Automatic Renewal: Your selected subscription plan will automatically renew on the anniversary date each month or year, depending on the plan chosen, until you choose to cancel.
  • Refund Policy: Refunds are generally not offered, except in certain cases at our discretion.

5. User-Generated Content

  • Content Guidelines: Users may post content in forums, chat rooms, and reviews. All content must adhere to our community guidelines, which prohibit inappropriate, offensive, or misleading content.
  • Content Ownership and Use: All content posted by users or by company representatives on ChemCal Pro forums, chat rooms, and reviews becomes the property of ChemCal Pro and may be used for business purposes. It is not to be reproduced elsewhere.
  • Moderation: ChemCal Pro reserves the right to remove content and/or ban users who violate these guidelines. Users who are banned for violations will not be entitled to refunds.
  • Responsibility: Users are solely responsible for any content they post, share, or distribute through ChemCal Pro, including but not limited to forum posts, reviews, and messages. ChemCal Pro shall not be held liable for any loss, damage, or harm arising from user-generated content. By posting content, you agree to indemnify and hold ChemCal Pro harmless from any claims, liabilities, or damages resulting from your content.

6. Accuracy of Information and Tools

  • Disclaimer: While ChemCal Pro strives to provide accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or reliability of any content, including pesticide data, calculators, or other tools.
  • Tool Usage Disclaimer: The calculators and tools provided by ChemCal Pro are intended for informational purposes only. Users should not rely solely on these tools for making critical decisions regarding pesticide application. Professional judgment and compliance with all applicable laws and regulations are required. ChemCal Pro shall not be held liable for any outcomes resulting from the use of these tools.
  • Label Compliance: It is important to note that THE LABEL IS THE LAW, not the information found on ChemCal Pro. While we strive to ensure that all of the information provided within the app is accurate and based on label instructions, you must always review the actual label prior to making any application. Do not proceed with any application without first reviewing and understanding the label.

7. Use of Pesticide Data

  • Label Information: ChemCal Pro uses publicly available pesticide label information to provide tools and calculators. This information is for reference only and should not be interpreted as a recommendation or endorsement of specific products.
  • Geolocation Alerts: ChemCal Pro may provide geolocation-based alerts to inform users of regional regulations. These alerts are intended as informational tools and should not replace users' responsibility to ensure compliance with local laws.

8. Advertising and Promotions

  • Advertisements: ChemCal Pro may display advertisements from third parties. These ads must adhere to our advertising standards, which prohibit misleading or inappropriate content.
  • Promotional Content: Manufacturers may provide white papers, videos, and infographics for inclusion in the app. ChemCal Pro is not responsible for the accuracy or content of these materials.

9. Continuing Education and E-Commerce

  • Courses: ChemCal Pro may offer continuing education courses for purchase. Access to these courses is subject to specific terms, including duration and content ownership.
  • E-Commerce: The app may feature an e-commerce section for branded materials. All sales are final, except where prohibited by law.

10. Intellectual Property

  • Ownership: All content, including text, graphics, logos, and software, is the property of ChemCal Pro or its licensors and is protected by intellectual property laws.
  • Use: You may not reproduce, distribute, or create derivative works from any content on ChemCal Pro without prior written consent.

11. Limitation of Liability

  • General Liability: ChemCal Pro is provided “as is” without warranties of any kind, either express or implied. We do not guarantee the accuracy, completeness, or reliability of the service.
  • No Liability for Misuse: ChemCal Pro is not liable for any damages arising from the misuse of the app, including improper application of pesticides.
  • Extended Liability Clause: To the fullest extent permitted by law, ChemCal Pro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the service. In any event, ChemCal Pro’s total liability to you for all claims arising out of or relating to these terms or your use of the service shall be no more than the amount you have paid to ChemCal Pro for the use of the service.

12. Third-Party Content and Integrations

  • Third-Party Disclaimer: ChemCal Pro may provide access to third-party content, services, or integrations. These third-party services are provided for your convenience, and ChemCal Pro makes no representations or warranties regarding the accuracy, reliability, or completeness of any third-party content or services. Your use of third-party services is at your own risk, and ChemCal Pro shall not be liable for any damages or losses resulting from your use of or reliance on such services.

13. Updates and Changes to Services

  • Service Modification Clause: ChemCal Pro reserves the right to modify, suspend, or discontinue any services or features offered within the app at any time, with or without notice. ChemCal Pro shall not be liable for any damages or losses resulting from any such modifications or discontinuations.

14. Dispute Resolution

  • Arbitration: Any disputes arising from these Terms or your use of ChemCal Pro will be resolved through binding arbitration in the State of Texas, rather than in court.
  • Jurisdiction: The laws of the State of Texas will govern these Terms and any disputes arising out of or relating to them.

 

15. Changes to Terms

ChemCal Pro reserves the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the service after any changes constitutes acceptance of the new Terms.

16. Contact Information

For any questions about these Terms, please contact us at info@chemcalpro.com.

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