Privacy Policy
OVERVIEW
The website www.calcbook.com (the “Site”) is owned by CalcBook LLC (“CalcBook”, “we”, or “us”). By accessing or using our Site or Services, you (“you,” “your,” or “User”) signify that you agree to be bound by our Terms of Service and this Privacy Policy. If you do not agree to the terms of this Privacy Policy you must discontinue using the Site and the Services.
This Privacy Policy explains how we collect, store, process, share, and use information collected when you visit or use the Site, as well as any of our products and services, including our software and related training or support (collectively, the “Services”).
NOTICE OF INFORMATION WE COLLECT AND HOW WE USE IT
We collect two types of data about individuals: (1) technical data automatically collected from all visitors to the Site and individuals who use the Services (“Passive Data Collection”), and (2) information that you or others voluntarily submit to us (“User-Submitted Information”).
“Personal Information,” as used in this Privacy Policy, is information that allows the direct identification of an individual, such as a name or email address, and information that is directly combined with such identifying information. Our primary purpose in collecting Personal Information is to personalize your user experience, maintain, provide and improve our Services, Site and business, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. We may also use third-party service providers, partners (“Partners”), or affiliates (“Affiliates”) to help us operate our business; provide, support, maintain, or secure our Services and our Site; or administer activities on our behalf, such as events or Site use and marketing analytics, campaigns and payment collection. It may be necessary to provide or allow access to your Personal Information to these third-party service providers, Partners, or Affiliates for those purposes.
PASSIVE DATA COLLECTION
We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our Users’ demographics, interests, and behavior to better understand, protect, and serve you and our community. If we directly combine any information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, we use information collected by passive means in aggregated forms.
Device Information
When you access our Site or Services we collect device information that can be used to identify you or your device. These identifiers may include your geographic location, operating system, IP address, hardware and software information, browser type, device event information, crash data, cookie data, and the pages you have viewed or engaged with before or after accessing our Site or Services.
User Activity Information
We record information about our Users’ behavior on our Site and when using our Services. This includes details about how you use our Sites or services, such as content accessed, time viewed, links clicked, Internet service provider (ISP), referring/exit pages, date/time stamp, and clickstream data. We aggregate and anonymize this information and may use it to conduct market analysis, analysis of use of the Site, publish a summary of findings as a blog post or public facing marketing material, and monitor our Service and how it is used in order to inform decisions to improve our Site, Services and business.
Cookies and Similar Technologies
Our Site and Services may use cookies, pixel tags, local storage (such as data caches and server logs) and other tracking technologies to distinguish you from other users of our Service. This helps us enhance and personalize your user experience, to monitor and improve our Site and services, and for other internal purposes.
Cookies we utilize on the Site may include session cookies, persistent cookies, and targeting cookies. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Targeting cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Service more relevant to your interests and for marketing purposes. We may also share this information with third parties for this purpose.
You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
USER-SUBMITTED INFORMATION
Site Form Submissions
We may collect personal information about you when you voluntarily submit information directly to us by filling in forms on our Site or correspond with us by phone, email or other means. Information we collect may include contact information such as name, email address, phone number and business information such as employer name. We use this information to contact you about the products and Services on our Site in which you have expressed interest.
Purchase of Services
If you purchase Services from us, you must provide contact information (including name, billing address and telephone number) and payment information (such as card number and expiration date). We use this information for billing purposes and to provide you with our Services. We use payment information to facilitate payment for use of our Services and to detect and prevent fraud. If we have trouble processing a purchase, we will use this information to contact you. We may use third party vendors to conduct payment processing on our behalf.
User Surveys
We may provide you the opportunity to participate in surveys on our Site or through our Services. If you participate, we will request certain Personal Information. The requested information typically includes contact information (such as name and billing address), demographic, and professional information. We will use this information internally to improve our products and services.
Blogs and Discussion Boards
Our Site may include publicly accessible blogs. Any information you provide in these areas may be read, collected and used by others who access them. This includes information posted on our public social media accounts. If you choose to leave feedback for other Users, please note that such information is available to anyone with Internet access. We may, but are not obligated to, collect the information you post in our public message or product review areas to resolve disputes, provide customer support, and troubleshoot problems as permitted by law. PLEASE BE CAREFUL WHEN DISCLOSING ANY INFORMATION IN PRODUCT OR SERVICE REVIEWS, DISCUSSION BOARDS, OR OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION YOU PUBLICLY DISCLOSE. If you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
Testimonials
With consent, we may display personal testimonials of satisfied customers on our Site, along with other endorsements. If you wish to update or delete your testimonial, you can contact us at contact@calcbook.com.
Special Offers and Promotions
We will occasionally send you information via email on our Services, products, special deals, and promotions. For some messages, we may use personal information we collect about you to help us determine the most relevant information to share with you. Out of respect for your privacy, we present the option not to receive these types of communications. You can contact us at contact@calcbook.com to discontinue these communications.
User Account Information
We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Based upon the Personal Information you provide us, we will send you a welcoming email to verify your username and password. We will communicate with you in response to your inquiries, to provide the services you request, to manage your account, and to provide the best customer service possible.
DISCLOSURE OF PASSIVE OR USER-SUBMITTED DATA
CalcBook Affiliates
We may share some or all of your Personal Information with our “Affiliates” (which can include a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us), in which case we will seek to require those Affiliates to honor this Privacy Policy.
As Required by Law / Certain Business Transactions
We may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains. This may include responding to legal requests from jurisdictions outside of the United States, where we have a good faith belief that the response is required by law in that jurisdiction.
To Protect Rights
Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Terms of Service or our other agreements; take precautions against liability; protect the rights, property, or safety of CalcBook, our Affiliates, any individual, or the general public; maintain and protect the security and integrity of our Services or infrastructure; protect ourselves and our Services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.
Links to Other Sites
The Site may contain links to other sites that are not owned or controlled by CalcBook. Please be aware that this Privacy Policy applies only to information collected by CalcBook, and we are not responsible for the privacy policies and practices of such other sites. We encourage you to be aware when you leave the Site and to read the privacy policies of each and every Site.
In the event that our Site links to other Sites that include our branding, this Privacy Policy does not apply to those other Sites. Visitors to those Sites are advised to carefully read the policies on those individual Sites.
Third Parties
We may utilize third parties to track user information for purposes of marketing analysis. In this process we may transfer your Personal Information to such third parties.
GENERAL PROVISIONS
User Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
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The right to access – You have the right to request copies of your personal data collected by CalcBook, the categories of such personal data and the purposes for which this data is used. You also have the right to request the categories of any third parties with whom the data is shared, the purpose of such sharing and the category of data that was shared.
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The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
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The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
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The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
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The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
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The right not to be discriminated against – Unless otherwise permitted, we will not deny you goods or services for having exercised your rights as outlined in this policy.
If you would like to exercise any of these rights, please contact us at contact@calcbook.com.
Security
The security of your information is important to us, including, but not limited to, the Personal Information collected via the Site. We have implemented security measures to protect against the loss, unauthorized access, misuse, alteration, and destruction of Personal Information under our control.
Although we make good faith efforts to maintain the security of such Personal Information, no method of transmission over the Internet or method of electronic storage, is 100% secure and we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information.
As part of securing personal data stored on our servers, we restrict access to Personal Information residing on those servers to CalcBook employees, contractors, and agents who need to know that information in order to operate, develop, or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or the Site or by providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.
If a security systems breach occurs, we may post a notice on our homepage www.calcbook.com or elsewhere on the Site and may send email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. This notice paragraph applies to Users of Services and the Site.
Data Retention
We keep Personal Information no longer than necessary for legitimate business purposes or as required by law.
Change of Ownership
In the event of a change in ownership, or a merger with, acquisition by, or transfer, or sale of all or a portion of our assets to another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered Users of any such transfer to an unaffiliated third party (by a posting on our homepage, or by email to your email address that you provided to us, as chosen by us at our discretion).
Policy Towards Children
We do not knowingly collect or maintain Personal Information from anyone under the age of 18, unless or except as permitted by law. If we learn that Personal Information has been collected from a user under 18 years of age on or through the Site, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 18 who has registered on the Site or you believe has otherwise provided Personal Information, please contact CalcBook at contact@calcbook.com to have that child’s account terminated and information deleted.
Changes in this Privacy Policy
We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on the Site, with the “Effective Date” posted at the top of the Privacy Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make any material changes to our Privacy Policy or how we handle your Personal Information, or if we are going to use any Personal Information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. By using our Site or Services after the Effective Date, you are deemed to consent to our then-current Privacy Policy.
Limited Access
Our Site and Services are only intended for residents and citizens of the United States. CalcBook does not intend to provide services to residents and citizens of the European Union and such individuals should not visit or use the Site.
CONTACT US
If you have questions, concerns or feedback regarding this Privacy Policy, you can contact us at contact@calcbook.com.
Effective Date: September 1, 2021
Terms of Service
Introduction, Scope & Modification. This is a binding agreement between You and CalcBook (“CalcBook”, “We”, “Us”, or “Our”). It describes the Terms of Service (“TOS”) by which You may access and use the CalcBook Internet site located at www.calcbook.com (the “Site”) or any services provided in connection with the Site (the “Service”). By using or accessing the Site or Services, You agree to abide by these TOS. The Effective Date of these Terms is set forth at the top of this webpage. CalcBook reserves the right to change these TOS at any time at Our sole discretion. It is Your responsibility to review these TOS periodically, and if at any time You find these TOS unacceptable, You must immediately leave the Site and cease all use of the Service and the Site. YOUR CONTINUED USE OF A SITE OR ANY SERVICES, MATERIALS, OR CONTENT OFFERED THROUGH THE SITE FOLLOWING THE POSTING OF SUCH CHANGES AND NOTICE WILL MEAN THAT YOU ACCEPT THOSE CHANGES. If You are using CalcBook software, Your use of such product or software and any related service will be subject to the applicable end user license agreement located here: www.calcbook.com/eula
2. Acceptance. THIS IS IMPORTANT—BY BROWSING THE SITE, OR BY ACCESSING, VIEWING, DOWNLOADING, OR USING ANY SERVICES, MATERIALS, OR CONTENT OFFERED THROUGH THE SITE, YOU AGREE TO THESE TOS AND ANY ADDITIONAL TERMS THAT APPLY.
3. Eligibility. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
4. Privacy. To access the Site, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Site that all the information You provide on the Site is correct, current, and complete. You agree that all information You provide to the Site, whether or not for registration purposes, and including but not limited to through the use of any interactive features on the Site, is governed by the applicable Privacy Policy located at www.calcbook.com/about which is incorporated into these TOS by this reference, and You consent to all actions We take with respect to Your information consistent with the Privacy Policy. You agree that if you provide contact information such as phone number or email, CalcBook may contact you using this information.
5. CalcBook Intellectual Property Rights. The Services, materials and content on the Site are protected by various intellectual property laws, including copyright and trademark laws. All right, title, and interest in and to such Services, materials, and content are reserved by CalcBook and its licensors, and You do not gain any intellectual property rights to such Services, materials, and content except as specifically enumerated in these TOS or in any applicable end user license agreement (if You license software, products or Services). Except as specifically permitted herein, no portion of the Site, or any Services, materials, or content offered through the Site, may be distributed or reproduced by any means, or in any form, without CalcBook’s prior written permission. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by CalcBook or by any third party.
6. Your Access to and Use of the Site.
A. Site Availability. We will not be liable for any reason if all or any part of any Site is unavailable at any time or for any period. We do not warrant that the Site will be maintained with the same DNS names or URLs. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
B. Disabling Options. We have the right to suspend or disable any user name, password, account or other identifier or authentication measure on any or all of the Site, whether chosen by You or provided by Us, at any time if, in Our opinion, You have violated any provision of these TOS.
C. Compliance with Intellectual Property Laws. When accessing the Site or using the Service, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content You provide or transmit, or that is provided or transmitted using Your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with You.
D. Copyright Infringement. CalcBook has in place certain procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of CalcBook or of a third party, or otherwise violated any intellectual property laws or regulations. CalcBook’s policy is to investigate any allegations of copyright infringement brought to its attention. If You have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and You want CalcBook to delete, edit, or disable the material in question, You must provide CalcBook with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CalcBook to locate the material; (d) information reasonably sufficient to permit CalcBook to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to CalcBook’s designated agent at:
Calcbook
c/o Mary E. Neifert, Esq.
2625 Townsgate Rd., Suite 330
Westlake Village, CA 91361
805-267-1112
E. User-Submitted Content.
(1) Users may be able to submit materials and content (collectively, “User-Generated Content”) to Our Site that can be viewed by other users (e.g., posts in community forums). You acknowledge that We are not responsible for User-Generated Content, that We have no obligation to monitor or remove User-Generated Content, and that We have the sole discretion to determine whether any User-Generated Content violates the TOS.
(2) If You submit User-Generated Content that is published or made available to other users, You represent that: (i) such content is not prohibited by these TOS, including Section 6(F) below; (ii) You are solely responsible for the form, substance, and accuracy of such content; and (iii) You have all rights necessary to grant CalcBook the license below.
(3) You hereby grant CalcBook a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under all of Your intellectual property rights to use, reproduce, create derivative works of, publish, display, and distribute Your User-Generated Content (all or in part) worldwide, and to incorporate such content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.
(4) We may remove or refuse to post any User-Generated Content from the Site at any time for any reason or no reason at Our discretion.
(5) We may disclose Your identity or other information about You (i) to any third party who claims that the User-Generated Content submitted by You violates their rights, including their intellectual property rights or their right to privacy; or (ii) to any law enforcement authorities or pursuant to any court order requesting or directing Us to disclose the identity or other information of anyone that submitted User-Generated Content.
F. Your Conduct. It is a condition of Your use of the Site, or the Services, materials or content therein, that You not engage in any misconduct, any misuse of any of the foregoing, or otherwise violate any applicable local, state, national, or international law or regulation. In addition, You may not:
(1) upload, post, or otherwise make available any User-Generated Content that: (i) is harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy, or that is otherwise objectionable or harmful to another party; (ii) You do not have a right to upload, post, or make available under any law, regulation, license, or contract; (iii) infringes any patent, trademark, trade secret, copyright, or database rights, or any other intellectual property rights of another party; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation; (v) contains software viruses or malware; (vi) impersonates another person or entity or is intended to mislead CalcBook or other users of the Site; or (vii) gives the impression that such User-Generated Content is produced by CalcBook or is endorsed by CalcBook or any other person or entity, if that is not the case.
(2) scrape or collect or store personal data about any other user of a Site;
(3) disrupt or interfere with all or a portion of any Site; or
(4) attempt to gain or gain unauthorized access to any portion of any Site, or to any other database or network, through hacking, password mining, scraping, or by any other means to obtain any information not intentionally made available on the Site.
7. Personal Opinions.
A. The opinions expressed by CalcBook employees on Our blog, community, or help forums are the individual employees’ own views and do not necessarily reflect the opinion of CalcBook.
B. Any statements and/or opinions expressed in any User-Generated Content are solely the opinions and the responsibility of the person or entity providing such User-Generated Content and do not necessarily reflect the opinion of CalcBook.
8. Product or Service Availability. Certain laws in outside of the United States may prohibit use of the Site and Software. Accordingly, this Site and Software are intended for use by residents in the United States only.
9. Confidentiality. Please do not provide Us with confidential or proprietary information through the Site, except to the extent You provide Our payment processors with credit card information to purchase Our Services, software or products. Except for credit card information, any information or material You send to Us will be considered public and non-confidential.
10. Linking to or Referencing the Site. Our Site may display materials or content provided by third parties or may link to third-party websites, including for the purpose of offering advertisements or marketing materials. These links are provided for Your convenience only. You must exercise Your own judgment in clicking on any links, or in viewing any third-party content. CalcBook makes no representations about such third-party websites, and if You access such a third-party websites, You do so at Your own risk. CalcBook is not responsible for the reliability of any data, opinions, advice, or statements made on any third-party websites, and the inclusion of such links does not imply that CalcBook endorses, recommends, or accepts any responsibility for the content of any such third-party websites.
11. Disclaimers; Limits on Our Liability; Indemnification.
A. No Warranty. CalcBook warrants that CalcBook has validly entered into these TOS and has the legal power to do so. You warrant that you have validly entered into these TOS and have the legal power to do so. YOU ASSUME ALL RISK FOR SELECTING AND USING THE SITE. THE SITE AND ALL SERVICES, MATERIALS, OR CONTENT PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, CALCBOOK SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE ERROR-FREE, ACCURATE, SECURE, OR UNINTERRUPTED. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. CalcBook makes no warranty as to the accuracy, completeness, currency or reliability of any of the Services. CalcBook does not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by CalcBook or its agents does not and will not create any warranty.
B. Limitations on Our Liability. UNDER NO CIRCUMSTANCES WILL CALCBOOK AND ITS SUBSIDIARIES AND LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, RELIANCE, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, REVENUE, SALES, PROPERTY DAMAGE, PERSONAL INJURY OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE OF, MISUSE OF, OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MATERIALS, OR CONTENT AVAILABLE FROM THE SITE. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY PREVENTS RECOVERY OF ANY CLAIM RELATING TO THESE TOS OR THE SITE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND APPLIES EVEN IF CALCBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LEGAL LIABILITY SURROUNDING THE SITE, OR ANY OF THE SERVICES, MATERIALS OR CONTENT AVAILABLE FROM THE SITE, CANNOT BE EXCLUDED, BUT MAY BE LIMITED, THE AGGREGATE LIABILITY OF CALCBOOK AND ITS SUBSIDIARIES AND LICENSORS WILL BE LIMITED TO THE SUM OF 50 UNITED STATES DOLLARS (OR THE THEN-CURRENT VALUE IN THE RELEVANT LOCAL CURRENCY) IN TOTAL.
C. Indemnity. You agree to indemnify CalcBook for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless CalcBook, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all liability including losses, liability, damages, expenses and/or costs (including reasonable attorney fees and costs) and including costs associated with enforcing indemnification hereunder and any insurance provider and attorneys’ fees arising from or related to in any way to (i) Your access to or use of the Site, or (ii) Your violation of these TOS. CalcBook reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of CalcBook may be made without CalcBook’s prior written approval. CalcBook will notify you promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
12. Termination. These Terms automatically terminate when you fail to comply with any term or condition of them. CalcBook may terminate or modify your access to the Services, with or without notice to you, at any time for any reason. For example, access to the Services may be denied without notice if CalcBook believes that you are a minor. Termination will not limit any of CalcBook’s other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms (including but not limited to Sections 5, 6, 9, 11, 13, 14, 15 and 16) shall survive termination. In addition, to ensure that CalcBook provides a high quality experience for You and for other users of the Site and the Service, You agree that CalcBook or its representatives may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. CalcBook does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CalcBook reserves the right to terminate Your account or Your access to the Site immediately, with or without notice to You, and without liability to You, if CalcBook believes that You have violated any of the TOS or any law or regulation, furnished CalcBook with false or misleading information, or interfered with use of the Site or the Service by others.
13. Geographic Restrictions & Export Controls. The Services are based in the State of California in the United States. CalcBook makes no representation that the Services are appropriate or available for access or use in other locations. You acknowledge that you may not be able to access or use the Services in other locations and that access thereto or use thereof may not be legal. If you access or use the Services from other locations, you do so on your own initiative and are responsible for compliance with local laws. The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules and complete all required undertakings, including obtaining any necessary export license or other governmental approval, prior to exporting, re-exporting, releasing or otherwise making the Services available outside the United States. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Please note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against CalcBook under the laws of any jurisdiction outside the United States are hereby waived and that your sole location and applicable law for any dispute is in the United States according to the terms of Sections 14 and 15 below.
14. Jurisdiction and Venue. These TOS shall in all respects be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions, statutes and other laws. Any and all claims related in any way to these TOS must be made in the Contra Costa County and in compliance with Section 15 below.
15. Binding Arbitration and Class Action Waiver.
A. Agreement to Arbitrate. You and CalcBook agree that any dispute, claim, or controversy involving You and CalcBook (and/or CalcBook’s affiliates, subsidiaries, directors, shareholders, or employees) arising out of or relating in any way to this these TOS, the Site or the Services (each, a "Dispute") must be determined by binding arbitration. In addition, CalcBook may seek injunctive or other relief in any court of competent jurisdiction to prevent the actual, suspected, or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents and patent rights, database rights, and other proprietary and intellectual property rights (each, an "IP Protection Action").
B. CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM MUST BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR CALCBOOK MAY SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CALCBOOK ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING MAY BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CALCBOOK, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
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D. Proceedings. If You and CalcBook do not reach an agreement to resolve the Dispute within 30 days after the Notice of Dispute is received, You or CalcBook may commence an arbitration proceeding. Any arbitration must be governed and administered by the American Arbitration Association (the "AAA") in accordance with the AAA’s "Consumer Arbitration Rules" effective September 1, 2014, including the "Costs of Arbitration (Including AAA Administrative Fees)" effective September 1, 2014 (collectively, the "Consumer Procedures"), except that these TOS governs to the extent it conflicts with the Consumer Procedures. ALL ISSUES IN THE DISPUTE ARE SUBJECT TO THE REVIEW OF A NEUTRAL ARBITRATOR. The neutral arbitrator will apply the terms of this agreement and the laws of the State of California. The arbitrator has discretionary authority to conduct the arbitration via conference call or face-to-face hearing. The arbitrator will render an award within the time specified in the Consumer Procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. CalcBook and You agree that the arbitrator's award of damages must be consistent with the terms of Section 11 above ("Limitation of Liability") as to the types and amounts of damages for which a party may be held liable. You may download or copy the AAA’s forms and rules from https://www.adr.org or by calling the AAA at 1-800-778-7879. Unless You and CalcBook otherwise agree in writing, the arbitration must be conducted in the Contra Costa County, California. If Your Demand does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and CalcBook submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your Demand exceeds $10,000, Your right to a hearing will be determined by the Consumer Procedures. Subject to the Consumer Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. AAA Not Integral To Agreement To Arbitrate. You and CalcBook agree that the use of the AAA to administer arbitration is not integral to the parties' agreement to arbitrate Disputes. If the AAA will not or cannot conduct an arbitration, You and CalcBook shall negotiate in good faith to agree on a sole arbitrator who shall resolve the Dispute as provided in the Consumer Procedures. If the parties cannot agree on an arbitrator, a court of competent jurisdiction may appoint an arbitrator, who shall follow the Consumer Procedures.
F. Severability. If one or more parts of this Section 15 are found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then, and only in that circumstance, those parts will be severed and the Dispute will be resolved subject to all remaining parts of Section 15 and all other provisions of this agreement. If such severance results in all or some parts of a Dispute proceeding in a court of law, the exclusive jurisdiction and venue for any such court proceeding will be the state or federal courts sitting in the Contra Costa County, California. For purposes of any such court proceeding, You consent to, and will not challenge, such courts’ personal jurisdiction over You, and You further waive objection based upon improper venue or forum non conveniens and will not seek transfer to another district or jurisdiction.
G. FAA. The Federal Arbitration Act governs the interpretation and enforcement of all provisions of these TOS relating to arbitration.
16. General Provisions.
A. Entire Agreement. These TOS, and any applicable documents referenced herein (such as Our Privacy Policy www.calcbook.com/about , form the complete and exclusive statement of the mutual understanding between You and CalcBook with regard to the Site, and supersede and cancel all prior written and oral agreements and communications relating to the Site.
B. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these TOS to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these TOS shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
C. Modifications. CalcBook may, in its sole discretion and without prior notice, (a) revise these TOS; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. CalcBook shall post any revision to these TOS to the Site, and the revision shall be effective immediately on such posting. You agree to review these TOS and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.
D. Successor and Assigns. These Terms inure to the benefit of and will be binding upon CalcBook's and your successors and assigns, respectively.
E. Assignment. These Terms may be assigned by CalcBook but you may not assign these Terms without the prior express written consent of CalcBook.
F. No Joint Venture/Partnership. Nothing contained in these Terms will be deemed to constitute CalcBook or you as the agent or representative of the other or as joint venturers or partners.
G. Headings. Headings and captions are for convenience only.
17. Acknowledgment. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TOS AND AGREE TO BE BOUND BY THEM.
Effective Date: September 1, 2021