Terms of use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY. Anyone using the Basic Dividend Calculator Application (the “App”) expressly consents to the Terms of Use outlined herein.
Agreement
Customer acknowledges and agrees that the use of the App, including any and all information, statements, materials, articles, research, data, software, links to third-party Apps, products and services made available on or accessible through the App (collectively, “Content”), is conditioned on Customer’s adherence to these Terms of Use, and that such acceptance creates a valid and binding contract between Customer and Baldwin Apps LLC. and its subsidiaries and affiliates (together, Baldwin Apps LLC”). These Terms of Use are to be observed in addition to the terms of any agreement Customer may have with Baldwin Apps LLC and are not intended to modify or supersede the terms of such agreement(s), which agreement(s), in the event of any conflicting terms, will govern. By using the App and the Content, Customer further agrees: (a) to comply with U.S. law regarding the transmission of any information through the App; (b) not to use the App for illegal purposes; and (c) not to interfere with, trespass on or disrupt the networks or computers and equipment connected to the App. If, at any time, Customer does not wish to accept these Terms of Use, Customer must discontinue use of the App and any Content obtained from the App.
Disclaimer of warranties
THE APP, INCLUDING THE CONTENT, IS PROVIDED “AS IS.” BALDWIN APPS LLC, ITS LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “BALDWIN APPS LLC PARTIES”), MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE APP OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP OR ANY LINKED APP, UNLESS SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE. THE BALDWIN APPS LLC PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE APP OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES THERETO. THE BALDWIN APPS LLC PARTIES DO NOT WARRANT THAT THE APP OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SOFTWARE THEREIN IS COMPATIBLE WITH CUSTOMER’S EQUIPMENT. AVAILABILITY OF THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY BALDWIN APPS LLC, ITS EMPLOYEES OR LICENSEES WILL CREATE A WARRANTY OR GUARANTY, NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL THE BALDWIN APPS LLC PARTIES HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE APP OR ANY PORTION THEREOF. IN NO EVENT WILL THE BALDWIN APPS LLC PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT CUSTOMER OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH CUSTOMER’S ABILITY OR INABILITY TO USE THE APP, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY THE BALDWIN APPS LLC PARTIES, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF ANY OF THE BALDWIN APPS LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS OF USE EXCLUDES OR RESTRICTS BALDWIN APPS LLC’S LIABILITY IN RESPECT OF A BREACH BY BALDWIN APPS LLC OF ANY DUTY OR LIABILITY IT MAY HAVE TO CUSTOMER FOR THE FOLLOWING: (1) UNDER APPLICABLE REGULATIONS OR LAWS, (2) FRAUD, WILLFUL NEGLECT OR FOR DEATH OR PERSONAL INJURY CAUSED BY BALDWIN APPS LLC’S NEGLIGENCE, OR (3) ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT CUSTOMER MAINTAINS ADEQUATE INSURANCE TO COVER ANY DAMAGES, LOSSES, COSTS OR EXPENSES CUSTOMER MIGHT SUFFER IN THE EVENT OF ANY FAILURE OR UNAVAILABILITY OF THE APP.
Indemnification
Customer agrees to indemnify; defend and hold harmless Baldwin Apps LLC from and against any and all losses; liabilities; judgments; fines; settlements; damages; costs and expenses (including attorneys’ fees) resulting from or arising out of any suits; actions; claims; demands; investigations; hearings or similar proceedings (collectively; “Proceedings”) to the extent such Proceedings are based on or result from (i) Customer’s inability to use the App or any portion thereof; or any data; information; service; report; analysis or publication Customer derives therefrom; (ii) Customer’s breach or violation of any term or condition contained herein; or (iii) Customer’s violation of state or federal securities laws or regulations or any other person’s rights; including but not limited to; infringement of any intellectual property; proprietary or privacy right of any third-party.
Applicable Law and Venue;
Severability
You agree that these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in courts located in Santa Barbara County, California, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
Modifications to terms of use
Baldwin Apps LLC reserves the right, without notice and at its sole discretion, to modify any portion of these Terms of Use. Customer should continue to review these Terms of Use whenever accessing or using the App. Customer’s use of the App after the posting of changes to these Terms of Use will constitute Customer’s acceptance of these Terms of Use, as modified, and Customer will be bound by any such changes as of the date they are first posted to the App. Baldwin Apps LLC expressly rejects any terms and conditions proposed by Customer that are in addition to or that conflict with these Terms of Use and such proposed terms and conditions shall be of no force or effect.