Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Calculate Stuff, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your CalculateStuff.com Account and Subscriptions. If you create an account through the Website, you are responsible for maintaining the security of your account and subscriptions, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the subscription. You must not use the widgets in a misleading or unlawful manner and Calculate Stuff may change or remove any widgets that it considers to be used inappropriately or unlawfully, or otherwise likely to cause Calculate Stuff liability. You must immediately notify Calculate Stuff of any unauthorized uses of your subscriptions, your account or any other breaches of security. Calculate Stuff will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Payment and Renewal.
- General Terms.
Optional paid services such as Pro Subscription upgrades are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Calculate Stuff the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you cancel your subscription before the end of the applicable subscription period, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time directly through your PayPal account.
- General Terms.
- Responsibility of Website Visitors. By operating the Website, Calculate Stuff does not represent or imply that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that contains technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Calculate Stuff disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CalculateStuff.com links, and that link to CalculateStuff.com. Calculate Stuff does not have any control over those non-Calculate Stuff websites and webpages, and is not responsible for their contents or their use. By linking to a non-Calculate Stuff website or webpage, Calculate Stuff does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Calculate Stuff disclaims any responsibility for any harm resulting from your use of non-Calculate Stuff websites and webpages.
- Intellectual Property. This Agreement does not transfer from Calculate Stuff to you any Calculate Stuff or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Calculate Stuff. Calculate Stuff, CalculateStuff.com, the CalculateStuff.com logo, and all other trademarks, service marks, graphics and logos used in connection with CalculateStuff.com, or the Website are trademarks or registered trademarks of Calculate Stuff or Calculate Stuff's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Calculate Stuff or third-party trademarks.
- Changes. Calculate Stuff reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Calculate Stuff may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Calculate Stuff may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CalculateStuff.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. To the extent permitted by law, Calculate Stuff and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Calculate Stuff nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Calculate Stuff, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Calculate Stuff under this agreement during the twelve (12) month period prior to the cause of action. Calculate Stuff shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Calculate Stuff, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Calculate Stuff and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Calculate Stuff, or by the posting by Calculate Stuff of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Queensland, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Brisbane, QLD. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration rules of The Institute of Arbitrators & Mediators Australia (“IAMA”) by arbitrators appointed in accordance with such rules. The arbitration shall take place in Brisbane, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Calculate Stuff may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.