BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT ALLOWS YOU TO CREATE A USER ACCOUNT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
The Social Security Calculator at www.calculatemybenefits.com (hereinafter referred to as the “Web Site”) is comprised of various web pages operated by Filtech LLC (hereinafter referred to as “Filtech”) for the purpose of providing consumers with analysis and comparisons of Social Security and other retirement strategies. The Web Site is a paid service offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.
Filtech reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of the Web Site.
License Terms and Restrictions
Application License
Filtech hereby grants you a non-exclusive, non-transferable, worldwide right to use the Web Site during the term of this Agreement, solely for your own informational purposes, subject to the terms and conditions contained herein. All rights not expressly granted to you are reserved by Filtech and its licensors. You are granted a single use license, however, each additional user must obtain a separate license for their use. You may not access the Web Site if you are a direct competitor of Filtech, except with Filtech’s prior written consent. In addition, you may not access the Web Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Additional License Restrictions.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Web Site in any way; (ii) modify or make derivative works based upon the Web Site; (iii) create Internet "links" to the Web Site or "frame" or "mirror" any web pages or content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Web Site in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Web Site, or (c) copy any ideas, features, functions or graphics of the Web Site. User licenses cannot be shared or used by more than one individual User. You may use the Web Site only for your informational purposes and shall not: (i) knowingly interfere with or disrupt the integrity or performance of the Web Site or the integrity of the data contained therein; or (ii) attempt to gain unauthorized access to the Web Site or its related systems or networks.
Your access will be limited to information and portions of databases relating solely to your subscription
Account Data.
Filtech does not own any data, information or material that you submit to the Web Site in the course of using the informational tools ("Customer Data"). You, not Filtech, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Filtech shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Filtech reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Filtech shall have no obligation to maintain any Customer Data.
Intellectual Property Ownership.
Filtech alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Web Site, reports generated from the Web Site, and any updates or subsequent revisions thereof, and any other intellectual property of Filtech provided to the User, including but not limited to any patents, copyrights, trademarks, service marks, trade names, service names, or logos now owned or that may be owned in the future by Filtech.
Use of the Web Site
Filtech Responsibilities.
We shall: (i) use commercially reasonable efforts to make the Web Site available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall provide prior notice), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks. Furthermore, we shall maintain appropriate administrative and technical safeguards for protection of the security, confidentiality and integrity of User data. We shall not (a) modify User data, (b) disclose User data except as compelled by law in accordance with the Compelled Legal Disclosure section below or as expressly permitted in writing by you, or (c) access User data except to provide the services and prevent or address service or technical problems, or at your request in connection with customer support matters.
Compelled Legal Disclosure.
Filtech reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Filtech's sole discretion
Financial Calculations and Informational Content.
The Web Site offers financial calculations and informational content to provide consumers with Social Security and retirement planning information. However, no representations or warranties are made with respect to the accuracy or completeness of the information and/or reports from this Web Site. It is not the intent of this Web Site to provide professional tax, investment, or legal advice. The strategies contained herein may not be suitable for your individual situation. You should consult with a professional where appropriate. The information from the Web Site should be used only as a general guideline and not as the ultimate source of information about Social Security claiming strategies. Filtech does not guarantee the accuracy of the calculations, information, reports, or their applicability to your particular situation. Calculations are based upon federal laws/regulations and information you enter, and will change with each use and over time. Filtech accepts no liability for your use or misuse of the site. In no way does Filtech guarantee or represent that you will achieve the projected results illustrated on the Web Site.
Links to Third Party Sites.
The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Filtech and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Filtech is not responsible for web casting or any other form of transmission received from any Linked Site. Filtech is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
User Responsibilities.
You shall (i) be responsible for compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of your data and of the means by which you acquired it, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Web Site, and notify Filtech promptly of any such unauthorized access or use, and (iv) use the Web Site only in accordance with the applicable laws and government regulations. You shall not (a) make the Web Site available to anyone other than yourself, (b) sell, resell, rent or lease the Web Site, (c) use the Web Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Web Site to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Web Site or third-party data contained therein, or (f) attempt to gain unauthorized access to the Web Site or their related systems or networks.
Term and Termination
Initial Term and Renewal.
The initial term will commence as of the date you accept this agreement. The Initial Term is for a one-time use. You agree and acknowledge that Filtech has no obligation to retain the Customer Data, and may delete such Customer Data at Filtech’s sole discretion.
Termination for Material Breach.
Any breach of your payment obligations or unauthorized use of the Web Site will be deemed a material breach of this Agreement. Filtech, in its sole discretion, may terminate your password, account or use of the Web Site if you breach or otherwise fail to comply with this Agreement.
Free Trial.
If you register for a free trial, we will make the Web Site available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the Web Site or (b) the start date of any purchased services ordered by you. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
Fees and Payment Terms
Web Site Fees.
Upon purchase of a subscription to the Web Site, Filtech shall process payment for a single-use in consideration for the services provided to subscriber.
Payment Terms.
All invoices are due electronically at date of purchase. All payments shall be made in U.S. dollars and shall be non-refundable except at Filtech’s sole discretion. If subscriber is delinquent in payments, Filtech may suspend or cancel access to Web Site.
Limitations of Liability
Mutual Indemnification.
You shall indemnify and hold Filtech, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Filtech (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Filtech of all liability and such settlement does not affect Filtech's business or Web Site); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
Filtech shall indemnify and hold you harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Web Site directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Filtech of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Filtech; provided that you (a) promptly give written notice of the claim to Filtech; (b) give Filtech sole control of the defense and settlement of the claim (provided that Filtech may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Filtech all available information and assistance; and (d) have not compromised or settled such claim. Filtech shall have no indemnification obligation, and you shall indemnify Filtech pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Web Site with any of your products, service, hardware or business process(s).
Disclaimer of Warranties.
FILTECH AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEB SITE OR ANY CONTENT. FILTECH AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE WEB SITE OR THE SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEB SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FILTECH AND ITS LICENSORS.
General Provisions
Severability.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Governing Law
This Agreement will be governed by the laws of the state of New York.
Export Compliance.
The Web Site and any other technology Filtech makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit users to access or use the Web Site in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.