LAST UPDATED March 3, 2022
By accessing or using the Services (whether via an App or via the Site) you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site, any App, or the Services.
We reserve the right to modify or discontinue the Site, Apps, or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site, Apps, or Services. Continued access to the Site. Apps, or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site, Apps, or Services as so modified. You agree that we may immediately terminate your access to the Site, Apps, and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, APPS, OR SERVICES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, APP, AND/OR SERVICES IS AT YOUR SOLE RISK. THE CONTENT, SITE, APPS, AND SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE CONTENT, SITE, AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE, APPS, OR SERVICES, OR THAT DEFECTS IN THE SITE, APPS, OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, APPS, OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, APPS, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.
THE AMT CALCULATOR AND PLANNER IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. THE MAINTAINER(S) OF THE AMT CALCULATOR AND PLANNER ARE NOT A FINANCIAL PLANNER(S), BROKER(S) OR TAX ADVISOR(S). The Service is intended only to assist you in your understanding of financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and investing strategies obtained through the AMT Calculator and Planner may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who is fully aware of your individual circumstances. We'll say this: We don't expect you pay us a share of your gains when we put you onto a good investment. SIMILARLY, WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED UPON INFORMATION YOU RECEIVED THROUGH THE SITE, APPS OR SERVICES AND SPECIFICALLY WE ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF ANY SUCH ACTION OR INACTION. The Site, Apps and Services are provided as a convenience and is not intended to be used to replace any other decisioning method or tool that you use and should not be used to provided financial services to third parties, such as clients or customers.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND APPS AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, MAINTAINERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, APPS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, APPS OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, APPS AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, APPS OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to indemnify, defend and hold harmless the AMT Calculator and Planner, our maintainers, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site, Apps, or Services.
This section 8 shall be referred to herein as the “Arbitration Agreement.” Except for a claim by the AMT Calculator and Planner of infringement or misappropriation of the AMT Calculator and Planner's patent, copyright, trademark, or trade secret, any and all disputes between you and the AMT Calculator and Planner arising under or related in any way to these Terms or your use of the Site, Apps or Services, or your receipt of any email, telephonic, text message or other communication from us or are representatives must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly. YOU AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND THE AMT CALCULATOR AND PLANNER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE AMT CALCULATOR AND PLANNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and the AMT Calculator and Planner will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or your use of the Site, Apps, or Services not subject to arbitration under Section 8 must be instituted exclusively in the federal or state courts located in New York, New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You may not transfer, assign or delegate any of your rights and/or duties under the Agreement to anyone else and any attempted assignment or delegation is void. We have the rights to freely assign our rights under this Agreement. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in the Agreement, shown in boldface type, are included only to help make the Agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. Subject to subsection 8(f) above, if for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.
Sections 4 through 11, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Apps, Content, Our Technology and the Services, will survive the expiration or termination of the Agreement for any reason.