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Terms Of Use


Table of Contents


INTRODUCTION

Last Updated July 19th, 2020

Thank you for visiting our website, www.free-paycheck-calculator.com and/or www.free-payroll-calculator.com (Site) which is owned and operated by Open Sky Software, Inc. (Open Sky or we or our or us). By visiting, accessing and using the Site you agree to by bound by these Terms of Use (Terms of Use) as well as the Site's Privacy Policy and Cookie Policy herein incorporated into these Terms of Use by reference, which together result in a legal agreement between you and Open Sky.

T.1 OUR SERVICE

Your Authority

You represent and warrant that you have the authority to accept these Terms of Use and enter into this legal agreement, and agree to be responsible to Open Sky for any violations of these Terms of Use.

United States Users Only

This Site is intended for users in the United States only. If you reside outside the United States, do not use this Site. Any usage outside the United States is in violation of these Terms of Use.

The Paycheck Calculator Service

Our Site allows you to perform individual paycheck tax calculations in the United States. You have sole responsibility for maintaining all records relating to your use of the Site, and you are solely responsible for determining whether our Site is suitable for use in light of any laws and regulations that govern your entity or industry.

T.2 PRIVACY and COOKIES

Please refer to our Privacy Policy and Cookie Policy for information on how we collect, manage, use and disclose information about you.

T.3 PROHIBITED CONDUCT

Prohibited Activities on the Site

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Site. When you access or use our Site, you agree that you will not:


Compliance with Laws

You represent and warrant that your access to and use of the Site will comply with all applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You may not use our Site for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

Reporting Abuse

If you think anyone is violating any of these Terms of Use, please contact us immediately. If you received spam you think came from us, please contact us.

T.4 LICENSE, TRADEMARK and COPYRIGHT

Our Site, including but not limited to the Site's associated text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the Intellectual Property) are owned by or licensed to Open Sky and are protected under both United States and foreign laws.

Except as explicitly stated in these Terms of Use, Open Sky and our licensors reserve all rights in and to our Intellectual Property. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Intellectual Property for your own personal use or for your business.

However, such license is subject to these Terms of Use and does not include any right to:


Any use of our Intellectual Property other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may give rise to a claim for damages and/or be a criminal offense.

The Open Sky Software name is a registered trademark of Open Sky Software, Inc. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners. The contents of this Site are copyright ©2013-2020 by Open Sky Software Inc., Dallas, TX. All rights not expressly granted through these Terms of Use are reserved.

T.5 THIRD PARTY CONTENT

We may display content, advertisements and promotions from, as well as links to, third parties through the Site (Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

T.6 LIABILITY and INDEMNIFICATION

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SITE. OPEN SKY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY'RE BASED ON NEGLIGENCE OR WE'VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

IN ADDITION, IN NO INSTANCE WILL OPEN SKY OR OUR TEAM BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE SITE IN VIOLATION OF THESE TERMS OF USE, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCESS DUE TO SUCH VIOLATION.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN SKY PROVIDES THE SITE AND ALL INCLUDED CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, WE DON'T PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO THE SITE, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT ISN'T LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THESE TERMS OF USE. FURTHERMORE, OPEN SKY DOES NOT WARRANT THAT THIS SITE AND INCLUDED CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE OR EMAIL SENT BY US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

IN ADDITION, WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD PARTY CONTENT MADE AVAILABLE ON OR LINKED TO BY OUR SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Open Sky, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the Open Sky Parties) from and against any loss, liability, claim, demand, damages, expenses or costs (Claims) arising out of or related to:


You agree to promptly notify Open Sky Parties of any third party Claims, cooperate with Open Sky Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that Open Sky Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in these Terms of Use between you and Open Sky or the other Open Sky Parties.

T.7 MISCELLANEOUS

No Rights of Third Parties

Except as otherwise provided herein, these Terms of Use do not create rights enforceable by third parties.

Applicable Law

This Site is hosted in the United States, by visiting the Site you agree that United States laws and/or the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Open Sky.

Severability

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Legal Fees and Expenses

If we file an action against you claiming you breached these Terms of Use and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

Transfer and Processing Data

By accessing or using our Site, you consent to the processing, transfer and storage of information about you in and to the United States, where you may not have the same rights and protections as you do under local law. For more information on how we store and transport your information, please read our Privacy Policy.

Export Compliance

Our Site may be subject to U.S. export control and economic sanctions laws (Export Controls). You agree to abide by all Export Controls as they relate to your access and use of our Site. You may not access or use our Site if you are located in a jurisdiction where the provisioning of our Site is prohibited by law (a Prohibited Jurisdiction), and you may not provide access to our Site to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that:


Submissions

By providing or submitting any statements, questions, comments, bug reports, feedback or proposed modifications concerning the Site or it's content to Open Sky, you hereby agree to grant Open Sky a perpetual, royalty-free, non-exclusive, irrevocable, worldwide right to use, reproduce, display, modify, and create derivative works from such submissions in whole or in part. And you warrant that such submissions do not violate any third party rights.

T.8 CHANGES

Open Sky may change these Terms of Use at any time and from time to time. The most recent version is reflected by the version date at the top of this Terms of Use. All updates and amendments are effective immediately upon notice, which we may provided to you by email, notice through the Site, and/or by updating the version date located on this page. We may discontinue the Site or any included features at any time.

T.9 ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Open Sky relating to your access to and use of our Site. The failure of Open Sky to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use may not be assigned or transferred by you except with our prior written consent.

T.10 CONTACT US

If you you have any questions, requests, or comments relating to these Terms of Use please contact us at:

Open Sky Software, Inc.
Attn. Free Paycheck Calculator
info@openskysoftware.com
15400 Knoll Trail Crossing, Ste 370
Dallas, TX 75248 USA

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