Terms of Use (“Terms”)

Last updated: February 24, 2017

Please read these Terms of Use (“Terms” or “Terms of Use”) carefully before using the website at http://www.riggingcalc.com (“Website”) operated by RiggingCalc, LLC (“us,” “we” or “our”).

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website. You may not use the Website in any manner that impairs or interferes with any other party’s use of the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access or use the Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation;
  • In any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

We reserve the right to refuse service, terminate your account, remove or edit content or otherwise limit or deny your access to or use of the Website in our sole discretion.

Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, your billing address and your shipping information.

You represent and warrant that (i) you have the right to use the credit card(s) or other payment method(s) provided to us in connection with any Purchase, and (ii) the information you supply to us is true, correct and complete.

We may use third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information to the Website, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Updates, Errors and Inaccuracies

We regularly update our product and service offerings on the Website, but there may be delays in updating related and other information on the Website. The information found on the Website may contain errors or inaccuracies and may not be complete or current, and we cannot guarantee the accuracy or completeness of any information found on the Website. Therefore, we reserve the right to change or update information and to correct errors, inaccuracies and omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for any and all activities or actions that occur under your account or using your credentials. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use the name of another person or entity or that is not lawfully available to you, a name or trademark that is subject to any rights of another person or entity or any name that is offensive, vulgar or obscene in connection with your account or to access or use the Website.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of RiggingCalc, LLC. Copyright, trademark and other laws of both the United States and foreign countries protect the Website. RiggingCalc™ and the related logo are trademarks of RiggingCalc, LLC. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RiggingCalc, LLC.

You represent and warrant to RiggingCalc, LLC that all information you provide to us in connection with your use of the Website does not infringe the intellectual property rights of any other person or entity.

Links to Other Web Sites

The Website may contain links to third party websites or services that are not owned or controlled by us. RiggingCalc, LLC has no control over, is not responsible for and does not warrant the content, privacy policies or practices of such third party websites and services.

You acknowledge and agree that RiggingCalc, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply stop using the Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless RiggingCalc, LLC and its affiliates, licensees and licensors, and their respective employees, contractors, agents, members, managers, officers and directors (collectively, “Indemnitees”), from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use of or access to the Website or a breach of these Terms, including any use, access or breach by anyone using your account or your account credentials (i.e., username and password).

Limitation of Liability

In no event shall any of the foregoing Indemnitees be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data or use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not warrant that (i) the Website will function uninterrupted or be secure or available at any particular time or location, (ii) any errors or defects in the Website will be corrected, (iii) the Website will be free of viruses or other harmful components, or (iv) the results of using the Website will meet your expectations or requirements.

Exclusions not Permitted

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law, Jurisdiction and Venue

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of Texas, without regard to conflicts of law principles. Any suit, action or proceeding arising out of or related to these Terms or your use of the Website shall be instituted by you or us exclusively in a federal or state court of competent jurisdiction in Travis County, Texas. You consent to the jurisdiction of said courts (and of the appropriate appellate courts) in any such suit, action or proceeding and waive any objection to venue laid therein.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Website, and supersede and replace any prior agreements between you and us regarding the Website.

Changes

We reserve the right to modify or replace these Terms at any time in our discretion. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Website.

Privacy Policy

We respect your privacy and are committed to protecting it through our compliance with this policy (“Privacy Policy”). This policy describes (i) the types of information we may collect from you or that you may provide when you visit the Website and (ii) our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect on or through the Website. It does not apply to information collected by us offline or through any other means.

By accessing or using the Website, you agree to this Privacy Policy. If you do not agree with our policies and practices under this Privacy Policy, you are not authorized to use the Website.

We may collect several types of information from and about you through our Website, including information (i) by which you may be personally identified, such as your name, postal address, email, telephone number and any other identifier by which you may be contacted (“personal information”), (ii) that is about you but does not individually identify you, and (iii) about your internet connection, the equipment you use to access the Website and your usage details.

We may collect this information directly from you when you provide it to us or automatically as you navigate the Website.

We may use information that we collect about you or that you provide to us, including any personal information, for our benefit and to (i) operate the Website and provide its contents to you, (ii) provide you with information, products and services that you request from us, (iii) provide your customers / clients with information about your products and services, and (iv) fulfill any other purpose for which you provide the information to us.

We also may use the information we collect from you to enable us to display advertisements to our advertisers’ target audiences, to sell advertising space on the Website and to sell information regarding industry trends.

We may disclose your personal information (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Terms of Use and other agreements between you and us, including for billing and collection purposes, or (iii) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of RiggingCalc, LLC, our customers or others.

Notwithstanding the above, your email and password will not be shared or sold to third parties.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure, but the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Contact Us

To ask questions or comment about these Terms of Use, including the Privacy Policy and our privacy practices, contact us by email at:

info@riggingcalc.com

or by phone at:

877-RIG-CALC