These Terms of Service (“Terms”) are binding upon each and every user’s (“you” or “your”) use of the CalfMilkCalculator.com website (“Site”) of Milk Math, LLC, a California limited liability company (“we” or “our”). By using the Site, you knowingly and voluntarily agree any and all provisions of these Terms of Service and to any other policies we post, including the Privacy Statement.

The information provided by the Site is intended to provide general pre-weaned calf nutritional guidance to the user of the Site. The Site provides a service to commercial calf raisers for them to create customized milk mix recipes based on their own nutritional specifications and ingredients they have available to feed to their calves. The intention of the Site is for the calf raiser to use the customized milk mix recipes created by the Site to mix milk that is fed to their calves.

Effective use of the Site’s service is solely dependent on the individual calf raiser and the Site does not make any guarantees or warranties whatsoever, including but not limited to: animal condition, animal health and performance, or user’s financial performance.

The Site does not guarantee or warrant the quality of the ingredients the calf raiser uses with our milk mix services. Any ingredients used at direction of the milk mix created by the Site need to be properly stored and handled according to labeled ingredient instructions.

By accessing and creating a user account, whether during a free trial period or as a paid subscription user, you acknowledge that you have read, understood, and agree to be bound by these Terms. CalfMilkCalculator.com may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the Site’s services after the posting of such revisions to these Terms constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and CalfMilkCalculator.com.

To have continued use CalfMilkCalculator.com after a free trial period, you will need to sign up for a paid subscription. By subscribing to our Site’s services, you agree to pay the subscription fees as outlined on our website. We reserve the right to modify subscription plans and pricing at any time, but you will be notified of any changes. Payment for the service subscription is handled by a third-party payment service provider, Stripe, and the Site does not collect your credit card information.

A paid subscription automatically renews monthly on the first day of your billing cycle for that month. Your billing cycle is determined by the date when you signed up for a subscription to our Site. You can view your next billing date by navigating to Subscription under My Account.

Your monthly recurring charge date will reflect California USA date and time zone for our third-party payment service provider. The amount you are charged for the Site’s subscription may increase with notice to you. You agree that use of the Site is on a commercial (and not consumer) basis.

You agree to pay for services provided through the Site that are ordered through your account. You authorize the Site to have our third-party payment service provider charge your credit card (or other payment instrument) for a service subscription purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with processing your payment. All subscription service purchases are final. You may lose access to your account on the Site if, for example and as applicable, your payment method fails, and we then terminate your account.

You acknowledge your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site’s services. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the Site’s services.

If you pay in a currency that is different from the US dollar, then our third-party payment processor may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

To use the Site’s services, you must create an account. You agree to provide accurate, current, and complete information during the account registration process. You are responsible for maintaining the confidentiality of your account and password and for all activities under your account.

You must notify us immediately if you believe your account or password has been compromised. We are not liable for any unauthorized use of your account.

You may cancel your subscription at any time by logging into your account, opening your account settings under My Account, navigating to Subscription, then Manage Subscription, and selecting Cancel Subscription.

To avoid being charged for the next monthly billing cycle, you must cancel at least 1 day before your next billing cycle. If you cancel after the date of your billing cycle for that month, you will be billed for the following monthly cycle but will not be charged for any subsequent months.

Once you cancel your subscription to the Site, you will continue to have access to the Site’s services until the end of paid monthly billing cycle. After the end of your paid billing cycle, your access to the subscription features of the Site will be terminated, and you will no longer be able to use the service unless you choose to resubscribe. You will lose your saved mixes, feed sheets, and historical feeding history.

If you decide to reactivate your subscription to the Site after cancellation, you will be required to pay the applicable subscription fee and your monthly subscription billing cycle will restart on the day you chose to reactivate.

There are no long-term contracts or early termination fees for canceling your subscription. You can cancel at any time as long as you adhere to the cancellation notice period and process.

We reserve the right to modify or update this cancellation policy at any time. Any changes will be posted on this page with an updated "Effective Date." We encourage you to review the policy periodically to stay informed.

We do not offer refunds for a currently monthly billing cycle. If you cancel your subscription, you will retain access to the Site’s services until the end of the current billing period. We may allow for some exceptions where refunds are granted at our sole discretion.

We can terminate or suspend your account at any time with or without cause at our sole discretion. You may not bring a claim against us for terminating an account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These terms remain in effect even if you no longer have an account.

The total aggregate liability of the Site to you for any damages and other losses in connection with the Site’s services, regardless of whether such liability is based on breach of contract, tort, strict liability, failure of essential purpose or otherwise, shall be limited to the amount of monthly fees you have paid to the Site during the consecutive two (2) month period preceding the date on which the Site received written notice from you of your first claim against the Site for damages or other losses.

In no event shall the Site be liable to you for any consequential, incidental, indirect, special, or punitive damages (including, but not limited to loss of profits, data, business or goodwill) in connection with the Site’s services, regardless of the basis for such liability, and even if the Site has been advised on the likelihood of such damages. By using the Site, you knowingly and voluntarily release Milk Math, LLC, and its owners, agents, employees, insurers, and other representatives of any and all claims, costs, damages, demands, injuries, lawsuits, or liabilities which you allege may arise from, be caused by, or relate to your use of the Site, including any and all unknown and unanticipated claims and injuries which in any way relate to, are connected with, or arise out of, or relates or pertains to your use of the Site, and expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows:

It is expressly understood and agreed that in the event any remedy under this Terms of Service is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein shall nevertheless remain in effect.

You agree to indemnity, defend, and hold the Site harmless from and against any and all claims, demands, lawsuits, losses, liabilities and damages asserted against the Site by any third-party, employee, or agent of your or any other individual or entity who may be affected by the Site’s provision of services, except for claims arising out of the gross negligence or willful misconduct of the Site or its representatives.

The Site shall not be responsible for any failure to provide services due to causes beyond the Site’s reasonable control, including but not limited to labor disputes, strikes, acts of God, fire, storm, flood, civil unrest or riots, pandemic or quarantine, delays in transportation, criminal acts of third-parties, communication line failure, equipment failure, and governmental actions. Any delay beyond the Site’s reasonable control shall be excused and the period of performance extended as may be necessary to enable the Site to provide services after the cause of delay has been removed.

We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms of Service or in relation to your use of the Site, then the dispute will be resolved in the federal or state courts located in California. Both parties consent to the exclusive jurisdiction and venue of the California courts for the purpose of resolving any such dispute. California law, excluding its conflict of law provisions, governs these terms, all other Site policies, and any dispute that arises between you and the Site.

These Terms of Service and the other any other policies we post, including the Privacy Statement, embody the entire agreement and understanding between us relating to use of the Site. All prior or contemporaneous negotiations, agreements, and understandings, oral or written, regarding use of the site are hereby revoked, cancelled, and rescinded, and are all merged herein and superseded hereby. The provisions of these Terms may be amended solely by Milk Math, LLC upon written notice posted on the Site. These Terms shall be binding upon and inure to the benefit of you and us and our respective heirs, successors, and assigns. The invalidity of any provision of these Terms as determined by an arbitrator or court of competent jurisdiction will in no way affect the validity of any other provision of these Terms of Service.