Advantage Calculators™
Unit Aware™ Calculator Software
Purchase
 
 • Products  •   Downloads  •   Support  •  Contact • 
Products
 • Basic Advantage™
 • Scientific Advantage™
 • Construction Advantage™
 • Ultimate Advantage™
 • Feature Comparison
 • Video Demonstrations
 
Downloads
 • Trial Versions
 • Product Updates
 
Support
 • Submit Support Request
 • Feedback and Suggestions
 • Sign Up for News
 
Company
 • Contact Information
 • About Us
 
  Home > Terms of Use
Terms of Use
Introduction
By visiting formativesoftware.com and/or advantagecalculators.com you agree to abide by the Terms of Use described below. Both of these web sites are operated by Formative Software, Inc. (Formative). By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use these sites.
Legal Notice and Disclaimer
Formative obtains all information, downloadable files, and software contained herein from sources that it believes to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, Formative shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the Formative websites. Formative makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the Formative websites. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranty of any kind. Formative disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall Formative be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on Formative's websites. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause.
Links to Third Party Sites
The links to third parties contained within this website will allow you to leave Formative's site. The sites that are linked to Formative's site are not under the control of Formative. Formative is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Formative provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by Formative of the linked site. Any rights not expressly granted by Formative herein are expressly reserved.
Acceptance of Terms of Use
Access to Formative's sites is provided free of charge to you by Formative Software, Inc. (Formative) under these Terms of Use. These Terms of Use will govern your use of Formative's site. BY USING FORMATIVE'S SITE AS A GUEST AND/OR CUSTOMER, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Use govern your use of Formative's site and all services provided in connection with Formative's site. Formative shall not be liable to you for any breach of these Terms of Use. In addition, Formative does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not enter Formative's site. The Terms of Use for your continued use of Formative's site will be posted on the Formative site. Please check this area before using Formative's site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please discontinue your use of Formative's site. Your continued use of Formative's site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
Modifications of these Terms of Use
Formative may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Formative's site, you will be deemed to have accepted any such changes.
Modifications of the Formative Site
Formative may modify or discontinue Formative's sites with or without notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use Formative's site to send or post on message boards or any place on Formative's site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Formative reserves the right to delete any such material from Formative's site. Formative will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5. You agree not to post or use Formative's site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You acknowledge that (i) Formative permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Formative's site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Formative's site rests with you. You acknowledge that Formative may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include your member name, to any "public area" of Formative's site, including message boards, forums, contests and/or chat rooms, you grant Formative and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Formative's site retains any and all Rights that may exist in such content.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF FORMATIVE'S SITES IS AT YOUR SOLE RISK. FORMATIVE'S SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORMATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FORMATIVE MAKES NO WARRANTY THAT FORMATIVE'S SITES WILL MEET YOUR REQUIREMENTS, OR THAT FORMATIVE'S SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FORMATIVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FORMATIVE'S SITES. FORMATIVE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FORMATIVE'S SITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FORMATIVE'S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT FORMATIVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FORMATIVE'S SITES. FORMATIVE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FORMATIVE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FORMATIVE'S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. FORMATIVE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. FORMATIVE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN FORMATIVE'S SITES ARE ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORMATIVE OR THROUGH FORMATIVE'S SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FORMATIVE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FORMATIVE'S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH FORMATIVE'S SITES. FORMATIVE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE FORMATIVE'S SITES. AS A CONVENIENCE TO FORMATIVE'S USERS, FORMATIVE MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND FORMATIVE'S CONTROL. FORMATIVE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH FORMATIVE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST FORMATIVE WITH RESPECT TO SUCH SITES.
Limitation of Liability
FORMATIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FORMATIVE'S SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FORMATIVE'S SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF FORMATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional Messages
Formative may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Formative makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from Formative, and you agree that Formative shall not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer and/or employee of Formative, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Formative's site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee. The sole jurisdiction and venue for actions related to the subject matter hereof shall be courts sitting in the County of Knox. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
Remedies for Breach of these Terms by You
In the event that Formative determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Formative's site, Formative reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Formative's site, (iii) delete all content provided by you to Formative's site, (iv) discontinue your registration with Formative's site and/or any other Formative community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Formative deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Formative may assign its rights and obligations under these Terms of Use and upon such assignment Formative may be relieved of any further obligation hereunder. You represent to Formative that you have the authority to register with Formative's sites according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Formative's site by Formative) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Formative, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable. Formative reserves the right to charge fees, surcharges and/or membership fees at any time without any notice to you.