Last revised July 2018

1. Acceptance of Terms
The following agreement outlines your obligations when using The Call Pay Calculator® available at [new website address], www.hortyspringer.com, www.maxworthconsulting.com or any other websites of Horty, Springer & Mattern, P.C. (“HortySpringer”) or MaxWorth Consulting Group, LLC (“MaxWorth”). The Call Pay Calculator® is a joint venture of MaxWorth and HortySpringer, and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE CALL PAY CALCULATOR OR ANY CONTENT ON THIS WEBSITE. BY ACCESSING THE CALL PAY CALCULATOR, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE CALL PAY CALCULATOR OR USE THE CONTENT. OUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.

2. Modifications of Terms of Use
MaxWorth and HortySpringer reserve the right, at their sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you by posting an announcement on the homepage of The Call Pay Calculator®. What constitutes a “material change” will be determined at the sole discretion of MaxWorth and HortySpringer. You are responsible for reviewing and becoming familiar with any such modifications. Use of The Call Pay Calculator® by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. Content Ownership and Usage Rights
MaxWorth and HortySpringer shall retain all worldwide rights in the intellectual property of The Call Pay Calculator®, including, but not limited to, trademarks, the “look and feel” of The Call Pay Calculator®, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on The Call Pay Calculator® is copyrighted or otherwise protected and owned by MaxWorth and HortySpringer, or a third party who licensed the right to use such content to MaxWorth and HortySpringer. Unless otherwise expressly noted, The Call Pay Calculator® and any of the source code or HTML code that MaxWorth and HortySpringer use to generate The Call Pay Calculator® may not be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of MaxWorth and HortySpringer, except as provided in the Terms of Use, without prior written consent or otherwise permitted by relevant law.

4. Use of The Call Pay Calculator®
To the extent that MaxWorth and HortySpringer provide for the download of The Call Pay Calculator® software and any information or documentation related thereto (collectively “Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either MaxWorth and HortySpringer or the third-party licensor. Any use of the Software is subject to the terms of the applicable end-user or other license terms contained in the files for such Software. You are permitted to use the Software for your personal, non-commercial use or legitimate internal business purposes but for no other purpose whatsoever, including but not limited to copying, re-selling or giving The Call Pay Calculator® to any other person or entity other than your Affiliates. As used in these Terms and Conditions, the term “Affiliate” means any person or entity that controls, is controlled by or is under common control with you. As between the parties, MaxWorth and HortySpringer solely shall own and hereby retains all rights, title and interest in and to The Call Pay Calculator® Software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights embodied in the Software). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law expressly prohibits such a reverse engineering restriction or to the extent the specific Software was provided in source code form by MaxWorth and HortySpringer).

5. Indemnity
You will indemnify and hold harmless MaxWorth and HortySpringer, and their respective affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to or use of The Call Pay Calculator® or any content contained therein, (ii) violation of the Terms of Use by you, or (iii) the infringement by you of any intellectual property or other right of any person or entity.

6. Warranty Disclaimers
MAXWORTH AND HORTYSPRINGER MAKE NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE CALL PAY CALCULATOR® AND ALL CONTENT CONTAINED THEREIN IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MAXWORTH OR HORTYSPRINGER NOR ANY OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION RELATED TO THE CALL PAY CALCULATOR® AND ALL CONTENT CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MAXWORTH AND/OR HORTYSPRINGER, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MAXWORTH AND HORTYSPRINGER ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL MAXWORTH AND HORTYSPRINGER OR ANY OF THEIR AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MAXWORTH AND HORTYSPRINGER OR ANY OF THEIR AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE CALL PAY CALCULATOR® OR ANY CONTENT CONTAINED THEREIN.

7. Linking and Framing
MaxWorth and HortySpringer do not object to links on third-party sites to the homepage of The Call Pay Calculator® in an appropriate context. However, “framing” or “mirroring” The Call Pay Calculator® or any of its content is prohibited without the prior written consent of MaxWorth and HortySpringer. The homepage of The Call Pay Calculator® may provide links to other sites or resources available on the Internet. Because MaxWorth and HortySpringer have no control over such sites and resources, you acknowledge and agree that neither MaxWorth nor HortySpringer is responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that neither MaxWorth nor HortySpringer shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. Trademarks and Trade Names
The name “The Call Pay Calculator®” and any graphics, logos, designs, page headers, button icons, scripts, and other product and service names related thereto are the trademarks and trade names of MaxWorth and HortySpringer and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

9. Electronic Communications
We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or their contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

10. Security
Users are prohibited from violating or attempting to violate the security of The Call Pay Calculator®. MaxWorth and HortySpringer will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

11. United States Government Rights
The Call Pay Calculator® is a “commercial item” as defined at 48 C.F.R. §2.101, consisting of “commercial computer software,” “commercial computer software documentation” and “commercial services.” If you are a U.S. governmental entity, then you acknowledge and agree that (i) use, duplication, reproduction, release, modification, disclosure, or transfer of The Call Pay Calculator® and any related documentation of any kind, including, without limitation, technical data and manuals, will be restricted in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes, (ii) The Call Pay Calculator® was developed fully at private expense and (iii) all other use of The Call Pay Calculator® except in accordance with the license grant provided above is strictly prohibited.

12. Disclaimer
The Call Pay Calculator® does not constitute legal or financial advice for any specific contract, case or circumstance. The product is intended for educational and informational purposes only. No one should act or refrain from acting on the basis of any information included in or accessible through The Call Pay Calculator® without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue. No attorney-client or other client relationship with MaxWorth or HortySpringer will be formed based on the use of The Call Pay Calculator.

13. Miscellaneous
The Terms of Use constitutes the entire agreement between users of The Call Pay Calculator® and MaxWorth and HortySpringer, and regarding the subject matter hereof. If you breach any term of the Terms of Use, MaxWorth and HortySpringer may pursue any legal or equitable remedy available, including, but not limited to, direct, consequential, and punitive damages and injunctive relief. MaxWorth and HortySpringer’s remedies are cumulative and not exclusive. Failure of MaxWorth and HortySpringer to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of The Call Pay Calculator® are responsible for compliance with all applicable regulations and laws. Any dispute arising out of the Terms of Use shall be governed by the laws of Pennsylvania, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use must be filed and maintained in the Court of Common Pleas of Allegheny County, Pennsylvania or the United States District Court for the Western District of Pennsylvania and users consent to exclusive jurisdiction and venue in such courts for such purpose.