Last revised July 2018
1. Acceptance of Terms
3. Content Ownership and Usage Rights
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).
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.
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.
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.