When you visit any website or use a mobile application, you’re entering into a legally binding agreement without even realizing it. I’ve spent years reviewing these documents, and what strikes me most is how many users simply click “I agree” without understanding what they’re accepting. These Terms of Use create a relationship between you as a person or entity and the Company operating the Site.
The moment you access any online platform, you’re bound by their conditions. Take a site like https://calculateconfidence.com – they, like most platforms, reserve the right to make changes and modifications at any time for any reason. This discretion allows them to update their policies without your specific notice. It’s your responsibility to periodically review these updates to stay informed.
Most platforms target users who are at least 18 years old. Persons under this age are typically not permitted to register. This requirement exists across different jurisdictions and helps ensure compliance with local laws to the extent they’re applicable.
Understanding Your Digital Rights and Responsibilities
The intellectual property rights section reveals fascinating insights about digital ownership. Everything you see – the source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics – represents someone’s Content. The trademarks, service marks, and logos (Marks) are owned, controlled, or licensed by the platform and protected by copyright and trademark laws.
What many don’t realize is that you’re typically granted only a limited license to access and use the platform. You can download or print a copy of any portion you’ve properly gained access to, but this is solely for your personal, non-commercial use. The Content cannot be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or exploited for commercial purposes without express prior written permission.
When you represent and warrant your eligibility, you’re making serious commitments. Your registration information must be true, accurate, current, and complete. You must maintain this accuracy and promptly update any necessary changes. You’re confirming your legal capacity to comply with these Terms, that you’re not a minor in your jurisdiction, and that you won’t access the Site through automated or non-human means like a bot or script.
Payment Systems and Account Management
The fees and payment section affects millions daily. Most platforms accept various forms of payment via services like Stripe, including Visa, Mastercard, American Express, Discover, and Paypal. When you purchase or pay a fee to access services, you agree to provide current, complete, and accurate account information for all purchases made via the Site.
You must further promptly update your email address, payment method, and card expiration date so they can complete transactions and contact you as needed. They bill you through an online billing account, and sales tax gets added to the price as deemed required. Prices can change at any time, and all payments are in U.S. dollars.
For recurring charges, you consent to them charging your chosen provider on a recurring basis without requiring your approval for each charge. You can notify them of cancellation, but remember that most purchases are non-refundable. You can typically cancel your subscription at any time by logging into your account, with cancellation taking effect at the end of the current paid term. If unsatisfied with their services, you can usually email them at addresses like info@calculateconfidence.com.
Digital Boundaries and Prohibited Behaviors
The prohibited activities section reads like a comprehensive guide to digital citizenship. You cannot systematically retrieve data or content to create or compile a collection, compilation, database, or directory without written permission. You cannot circumvent, disable, or interfere with security-related features that prevent or restrict copying or enforce limitations.
Attempting to trick, defraud, or mislead other users to learn sensitive account information like passwords constitutes improper use. Submitting false reports of abuse or misconduct violates community standards. Engaging in automated use of the system through scripts to send comments or messages, or using data mining, robots, or similar gathering and extraction tools is forbidden.
You cannot interfere, disrupt, or create an undue burden on the Site or networks connected to it. Impersonating another user or person, or using someone else’s username violates identity principles. You cannot sell or transfer your profile, use information obtained to harass, abuse, or harm another person, or use the Site as part of any effort to compete with them.
Technical violations include attempting to decipher, decompile, disassemble, or reverse engineer any software comprising the Site. You cannot bypass measures designed to prevent or restrict access, annoy, intimidate, or threaten employees or agents engaged in providing services. Copying or adapting the Site’s software, including Flash, PHP, HTML, JavaScript, or other code is prohibited.
Uploading or attempting to transmit viruses, Trojan horses, or other harmful material – including excessive capital letters and spamming with continuous posting of repetitive text – interferes with any party’s uninterrupted enjoyment. Such actions modify, impair, disrupt, alter, or interfere with the Site’s features, functions, operation, or maintenance.
Content Ownership and Submissions
Any questions, comments, suggestions, ideas, feedback, or other information you provide becomes their property. These Submissions are considered non-confidential and become their sole property. They own exclusive rights and are entitled to unrestricted dissemination for any lawful purpose, whether commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to such Submissions and warrant that they’re original or that you have the right to submit them. There’s no recourse against them for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Platform Management and Privacy
Site management reserves the right but not the obligation to monitor for violations. They can take appropriate legal action against anyone who violates the law or these Terms, including reporting users to law enforcement authorities. They can refuse, restrict access, limit availability, or disable any Contributions or portion thereof.
They can remove from the Site or disable all files and content that are excessive in size or burdensome to their systems. They manage the Site in a manner designed to protect their rights and property and facilitate proper functioning.
Their Privacy Policy demonstrates they care about data privacy and security. By using the Site, you agree to be bound by their Privacy Policy, which is incorporated into these Terms. Be advised the Site is hosted in the United States. If you access it from the European Union, Asia, or any other region with different laws or requirements governing personal data collection, use, or disclosure, you’re transferring your data to the United States and expressly consent to having it transferred and processed there.
They don’t knowingly accept, request, or solicit information from children or market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if they receive actual knowledge that anyone under age 13 has provided personal information without requisite and verifiable parental consent, they’ll delete that information as quickly as reasonably practical.
Legal Framework and Termination
These Terms remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION, they RESERVE the RIGHT to DENY ACCESS and USE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) to any PERSON for any REASON or no REASON, INCLUDING for BREACH of any REPRESENTATION, WARRANTY, or COVENANT CONTAINED in these TERMS or any APPLICABLE LAW or REGULATION.
They may TERMINATE your USE or PARTICIPATION or DELETE your ACCOUNT and any CONTENT or INFORMATION you’ve POSTED at any TIME, WITHOUT WARNING. If they terminate or suspend your account for any reason, you’re prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you’re acting on behalf of that third party.
In addition to terminating or suspending your account, they reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
Service Reliability and Modifications
They reserve the right to change, modify, or remove the contents of the Site for any reason without notice. However, they have no obligation to update any information. They can modify or discontinue all or part of the Site without notice and won’t be liable to you or any third party for any modification, price change, suspension, or discontinuance.
They cannot guarantee the Site will be available at all times. They may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree they have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.
Nothing in these Terms will be construed to obligate them to maintain and support the Site or supply any corrections, updates, or releases in connection therewith.
Legal Jurisdiction and Disputes
These Terms and your use of the Site are governed by and construed in accordance with the laws of Canada applicable to agreements made and entirely performed within Canada, without regard to conflict of law principles.
Any dispute arising out of your use of this web site or products or services provided will be governed and construed in accordance with local laws applicable at the site editor’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location.
By registering for a user account or using the web site and services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor’s domicile, and that any disputes will be heard by the said courts.
Accuracy and Disclaimers
The information on the Site contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. They reserve the right to correct any errors, inaccuracies, or omissions and change or update information without prior notice.
The SITE is PROVIDED on an AS-IS and AS-AVAILABLE BASIS. You AGREE that your USE of the SITE and their SERVICES will be at your SOLE RISK. To the FULLEST EXTENT PERMITTED by LAW, they DISCLAIM all WARRANTIES, EXPRESS or IMPLIED, in CONNECTION with the SITE and your USE THEREOF, INCLUDING the IMPLIED WARRANTIES of MERCHANTABILITY, FITNESS for a PARTICULAR PURPOSE, and NON-INFRINGEMENT.
They MAKE no WARRANTIES or REPRESENTATIONS about the ACCURACY or COMPLETENESS of the SITE’S CONTENT or the CONTENT of any WEBSITES LINKED to the SITE. They ASSUME no LIABILITY or RESPONSIBILITY for ERRORS, MISTAKES, or INACCURACIES of CONTENT and MATERIALS, PERSONAL INJURY or PROPERTY DAMAGE of any NATURE WHATSOEVER RESULTING from your ACCESS to and USE of the SITE.
This includes UNAUTHORIZED ACCESS to their SECURE SERVERS and any PERSONAL INFORMATION and FINANCIAL INFORMATION STORED THEREIN, any INTERRUPTION or CESSATION of TRANSMISSION to or from the SITE, BUGS, VIRUSES, TROJAN HORSES, or the LIKE which may be TRANSMITTED to or THROUGH the SITE by any THIRD PARTY.
They don’t WARRANT, ENDORSE, GUARANTEE, or ASSUME RESPONSIBILITY for any PRODUCT or SERVICE ADVERTISED or OFFERED by a THIRD PARTY THROUGH the SITE, any HYPERLINKED WEBSITE, or any WEBSITE or MOBILE APPLICATION FEATURED in any BANNER or OTHER ADVERTISING. They’re not a PARTY to or in any WAY RESPONSIBLE for MONITORING any TRANSACTION BETWEEN you and THIRD-PARTY PROVIDERS of PRODUCTS or SERVICES.
As with any PURCHASE of a PRODUCT or SERVICE THROUGH any MEDIUM or in any ENVIRONMENT, you SHOULD USE your BEST JUDGMENT and EXERCISE CAUTION WHERE APPROPRIATE.
Liability Limitations and User Obligations
In NO EVENT WILL they or their DIRECTORS, EMPLOYEES, or AGENTS be LIABLE to you or any THIRD PARTY for any DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, or PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS of DATA, or OTHER DAMAGES ARISING from your USE of the SITE, EVEN if they’ve been ADVISED of the POSSIBILITY of SUCH DAMAGES.
NOTWITHSTANDING ANYTHING to the CONTRARY CONTAINED HEREIN, their LIABILITY to you for any CAUSE WHATSOEVER and REGARDLESS of the FORM of the ACTION will at all TIMES be LIMITED to the AMOUNT PAID by you to them DURING the SIX (6) MONTH PERIOD PRIOR to any CAUSE of ACTION ARISING.
You agree to defend, indemnify, and hold them harmless, including their subsidiaries, affiliates, and all their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site, breach of these Terms, any breach of your representations and warranties set forth in these Terms, your violation of the rights of a third party, or any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, they reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you’re required to indemnify them, and you agree to cooperate, at your expense, with their defense of such claims. They’ll use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Data Management and Digital Communications
They maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although they perform regular routine backups of data, you’re solely responsible for all data that you transmit or that relates to any activity you’ve undertaken using the Site. You agree that they shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action arising from any such loss or corruption of such data.
Visiting the Site, sending them emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications they provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You HEREBY AGREE to the USE of ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, and OTHER RECORDS, and to ELECTRONIC DELIVERY of NOTICES, POLICIES, and RECORDS of TRANSACTIONS INITIATED or COMPLETED by them or VIA the SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Regional Considerations and Final Provisions
For California users and residents, if any complaint is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and any policies or operating rules posted on the Site or in respect to the Site constitute the entire agreement and understanding between you and them. Their failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
They may assign any or all of their rights and obligations to others at any time. They shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond their reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and them as a result of these Terms or use of the Site. You agree that these Terms will not be construed against them by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact them via email at info@calculateconfidence.com.
