We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.
The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms to the fullest extent permitted by applicable law. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Fulton County, Georgia. Except as otherwise set forth in the dispute resolution provision, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Notice, End User License Agreement, FERPA COPPA Privacy Policy, and the Data Processing Addendum (as applicable), contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Calendly and you about the Services. Any definitions found in the Privacy Notice, End User License Agreement, FERPA COPPA Privacy Policy, and Data Processing Addendum are hereby adopted by reference in this Agreement. The rights of Calendly under our Terms will survive the termination of this Agreement. No additional terms, conditions, consent, waiver, alteration, or modification shall be binding unless in writing and signed by both parties. Acceptance of any order by Calendly is expressly limited to the terms and conditions of this Agreement. Any proposed additional or inconsistent terms or conditions, including those in or accompanying any Customer proposal, any Customer purchase order, or other agreement or any other Customer document issued in connection with the sale or delivery of Products or Services is deemed by Calendly to be a material change and is objected to and rejected by Calendly. Calendly’s acceptance of any orders will not constitute acceptance of any terms and conditions contained therein.
In no event shall Calendly be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Calendly’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, epidemics, contractor difficulties, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
Unless Customer has specifically notified Calendly to the contrary in writing (including via email to support@calendly.com, legal@calendly.com, or marketing@calendly.com), Calendly may disclose your company as a customer of Calendly (if you use Calendly for business purposes and/or use a business email address as your Calendly User email address) and may use your company’s name and logo on the Website and in Calendly’s promotional content in accordance with Customer’s brand guidelines or related documentation if provided by Customer. Calendly will be granted a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and license (the “Trademark License”) to use, display and reproduce such party’s name, logo, trademarks and service marks (the “Trademarks”). Both acknowledge that the other party’s Trademark is and will remain the exclusive property of such party.
