By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”). The terms “the Site,” “we,” “us,” or “our” mean Calbrea, Inc. and its affiliated companies. The term “Services” means, collectively, various websites, applications, widgets, email notifications, and other mediums, or portions of such mediums, through which you have accessed this Agreement.
This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. See the Legal Disputes section of this Agreement.
Please read these terms and conditions carefully before using this website. These Terms apply to all users of the Site, whether or not you have a paid membership or subscription. By accessing or using the Site, you agree to comply with and be bound by these Terms, our Privacy Policy, and any supplemental terms referenced or linked to herein; if you do not agree, you may not access or use the Site.
Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of our Services, or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services. You shall not modify, scrape, embed, or frame our Services without our prior written permission.
Subject to the terms of this Agreement and the Privacy Policy, we may offer you various Services. Below are the terms and conditions governing these Services.
You Are Responsible for Your Financial Decisions. Our Services, along with those of our affiliates, serve as a platform where you can access information and connect with third-party service providers such as financial institutions, mortgage brokers, insurance professionals, discount program representatives, and other financial specialists (“Service Providers”). We do not endorse or recommend any Service Provider's products or services, nor do we act as an agent or advisor to you or them. We do not verify the qualifications, certifications, or licensing of Service Providers. It is your responsibility to conduct due diligence on any Service Provider. You agree that Service Providers are solely accountable for the services they offer and that we are not liable for any losses, damages, or claims arising from or related to your use of their products or services. We strongly encourage you to consult financial advisors, brokers, or other qualified professionals familiar with your specific circumstances before making financial decisions. You accept that your judgment and the guidance of your advisors are essential when choosing products or services from Service Providers.
The Content provided is intended to support financial decision-making but remains broad in scope and does not account for your personal financial situation. Since your financial circumstances are unique, the information provided may not be entirely applicable to your needs. Therefore, before making any decisions or implementing financial strategies, we recommend seeking additional insights and advice from accountants or financial professionals who understand your individual circumstances.
You Must Maintain the Integrity of Your Information. Certain Services may require you to provide information about yourself, which could include confidential, personally identifying, or financial details (“Your Information”). By providing Your Information, you agree to ensure it is accurate, current, complete, and truthful, and to avoid misrepresenting your identity. You also agree to update Your Information if it changes. Our collection, use, and disclosure of Your Information are governed by this Agreement and our Privacy Policy.
You Must Maintain the Security of Any Password Issued to You. If a password is required to access portions of our Services, it is your sole responsibility to keep it secure. You agree that we are not liable for any losses resulting from unauthorized or authorized use of your password by third parties. Additionally, you must not permit anyone under the age of 18 to use the Services through your registration or password.
You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: privacy@calbrea.com.
You Acknowledge and Agree that We are Not a Service Provider. We do not act as a lending institution, insurance provider, or any other type of Service Provider. Through our Services, we may assist in connecting you with Service Providers that could match your needs based on the information you provide. We do not make coverage or credit decisions and do not issue mortgages, insurance policies, or other financial products.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage, or Services. We make no warranties or assurances regarding the quotes, fees, terms, rates, coverage, or services offered by Service Providers. We cannot guarantee that these offerings are the best available options.
You hereby release us of any and all losses, costs, damages, or claims in connection with, arising from, or related to your use of a Service Provider's products or services, including any fees charged by a Service Provider.
How Google uses data when you use our partners' sites or apps.
Services and the information contained therein are intended for a United States audience ages 18 and up. If you suspect that your child under the age of 13 has provided personal information to us through the Site, please contact us immediately at privacy@calbrea.com. Although we may make products and services that are suitable for children under 18, we do not knowingly market to or target children under 18. Anyone under 18 using the Site should do so with the supervision of a parent or guardian.
The Site is intended exclusively for a United States audience. If you access the Site from a country other than the United States, your use of the Site is unauthorized and at your own risk.
The Site may, from time to time, recommend certain vendors and Service Providers, including but not limited to vendors and service providers. Service Providers may have compensated us for their participation. You should evaluate a provider on your own to decide whether to hire since we can't confirm that a provider or their services are suitable for your needs. We do not make, and hereby disclaims, any representations and warranties regarding the products or services of the Service Providers. Your engagement of a Service Provider is solely between you and that Service Provider and is governed by the terms of the agreement between you and them. Please use your best judgment when selecting providers and interacting with them. CALBREA, INC. IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR USE OF A SERVICE PROVIDER.
The calculators, spreadsheets, and analysis tools found on the Site (“Tools”) are designed to be used for informational and educational purposes only and do not constitute investment or financial advice. We recommend that you (a) seek the advice of professional advisors, including financial advisors, before making any type of financial decision and (b) independently verify any calculation or output obtained from a Tool. Your use of Tools and Content found on the Site is at your own risk. The results from the Tools and Content presented may not reflect the actual return of your own investments. We are not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these Tools. Furthermore, Calbrea, Inc. is not responsible for any human or mechanical errors or omissions.
Additionally, Calbrea, Inc. may offer opportunities to receive coaching or information directly or indirectly from Calbrea, Inc. personnel or independent contractors (“Coaching”). The Coaching is informational in nature. Calbrea, Inc. is not engaged in the provision of legal, tax, medical, mental health, or any other advice. Calbrea, Inc. does not make and hereby disclaims any representations and warranties regarding the content of the Coaching, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. You use the advice and information provided in the Coaching at your own risk. Calbrea, Inc. hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the Coaching, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in the Coaching, regardless of the cause. CALBREA, INC. IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE COACHING.
We grant you a limited license to access, print, download, or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials about the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.
Calbrea, Inc. makes no representations or warranties with respect to the Site or its Content or any Tool, Feedback, coaching service, information, product, or service available on or promoted through the Site, including products or services from third parties. The Site, all Tools, any Feedback, and all Content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY LAW, CALBREA, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, TOOLS, ANY COACHING, INFORMATION, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. Without limiting the generality of the foregoing, Calbrea, Inc., its affiliates, and their service providers and licensors disclaim all representations and warranties of the following: (a) title, non-infringement, merchantability and fitness for a particular purpose, (b) security of the Site, (c) that the Content of the Site, Feedback, or any Tools are accurate, complete, or current, or (d) that the Site will operate securely or without interruption or error. Your use of the Site is at your own risk.
We do not represent or warrant that the Site, its servers, or any transmissions sent from us or through the Site will be free of any harmful components (including viruses).
UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE OR FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE AND/OR OUR SUBSIDIARIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Our sole liability for any reason to you, and your sole and exclusive remedy for any cause, shall be limited to fifty dollars ($50.00). Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THIS WEBSITE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE AND OUR SUBSIDIARIES ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR THE WEB.
WE AND OUR SUBSIDIARIES DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.
You agree to indemnify and hold us and/or our subsidiaries harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the website in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We and our subsidiaries reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without our written consent.
In the event that any limitation on the period of time for bringing an action, claim, dispute, or proceeding against us located in this “Limitation of Liability” section is determined or held to be inapplicable or unenforceable by any court, arbitration panel, or other tribunal, then the statute of limitations for the State of Texas shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed the amount you paid Calbrea, Inc. in the twelve (12) months immediately preceding the event giving rise to the liability.
The Site may (a) provide links to other websites operated by third parties or (b) allow you to interact with third-party businesses, including Service Providers. Calbrea, Inc. is not responsible for the availability of those websites and does not endorse any third-party business except as expressly stated on the Site, and with respect to any businesses endorsed on the Site, Calbrea, Inc. expressly disclaims all responsibility and liability for any services, products, content, advertising, services, products, or other materials on or available from such third parties. Calbrea, Inc. IS NOT 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, ADVERTISING, SERVICES, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES OR THEIR WEBSITES. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Calbrea, Inc. has financial relationships with some of the companies, products, and services mentioned on the Site and may be compensated if users choose to follow the links pointing to those companies, products, or services.
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services. Any third-party names, trademarks, and service marks are the property of their respective owners.
The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by or otherwise licensed to, us or our Content suppliers. We also own a copyright to a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software, and/or any other harm incurred by us or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
The feedback you provide to us through or about the Site or any of our other products and services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, titles, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CALBREA, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
1.1 You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable, the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA's rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org.
The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim to your local “small claims” court if permitted by that small claims court's rules.
1.2 The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”) and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
1.3 You and we agree that each of us may bring a Dispute against the other only on our own behalf and not on behalf of a government official or other person or entity or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person's use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
1.4 If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3 above is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.
1.5 This Agreement to Arbitrate will survive the termination of your relationship with us.
2. Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Texas. You and we agree to submit to the personal jurisdiction
3. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations, and warranties made in this Agreement, as may be amended by u, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same and supersede all other previous agreements, understandings, and/or representations regarding the same.
If you have questions, comments, concerns, or feedback regarding this Agreement or our Services, please contact us at privacy@calbrea.com.
We reserve the right, at any time and from time to time and with or without notice, to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products, and/or services available through the Site (or any part thereof). You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site.
You also agree that Calbrea, Inc., in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site for any reason, including, without limitation, for lack of use or if Calbrea, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site for violation of any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Calbrea, Inc. may immediately deactivate or delete your account and all related information in your account and/or bar any further use of or access to the Site. Further, you agree that Calbrea, Inc. shall not be liable to you or any third-party for any termination of your use of or access to the Site. If Calbrea, Inc. terminates your use of or access to the Site due to a violation of these Terms, Calbrea, Inc. will not issue any refunds to you but also will not charge you again.
These Terms, together with our Privacy Policy and any supplemental terms referenced or linked to herein, contain the entire understanding and agreement between you and us with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Calbrea, Inc. with respect to the Site and your use of and access to the Site.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
To contact us with questions or suggestions about this Agreement, please email us at privacy@calbrea.com