Agreement to Terms
Welcome to Agitative. By accessing or using our website and tools at agitative.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.
These Terms constitute a legally binding agreement between you and Agitative regarding your use of the Service. We reserve the right to update these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
Use of Our Tools and Services
Tool Accuracy and Disclaimers
Educational and Informational Purposes Only: All campaign calculators, planning tools, and resources provided on this website are for educational and informational purposes only. They are not professional consulting services, legal advice, financial advice, or guaranteed campaign strategies.
No Warranties or Guarantees: We provide our tools and content "as is" without warranties of any kind, either express or implied. We do not guarantee the accuracy, completeness, reliability, or suitability of any calculations, estimates, projections, or recommendations provided by our tools. Campaign results depend on countless variables beyond our tools' scope.
User Responsibility: You are solely responsible for how you use the information and calculations from our tools. We are not liable for any decisions, actions, or outcomes based on information obtained from our Service. Always verify important calculations independently and consult with qualified professionals for critical campaign decisions.
No Professional Relationship: Using our tools does not create an advisor-client, consultant-client, or any other professional relationship between you and Agitative. We are not your campaign consultants, and we do not provide personalized advice tailored to your specific situation.
Appropriate Use
You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates applicable local, state, national, or international law or regulation
- Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or computer systems or networks
- Use any automated system (including robots, scrapers, or spiders) to access the Service without our prior written permission
- Introduce viruses, malware, or any other malicious code to the Service
- Attempt to interfere with or disrupt the Service or servers or networks connected to the Service
- Use the Service to transmit spam, chain letters, or other unsolicited communications
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Use the Service to promote violence, hatred, discrimination, or illegal activity
Intellectual Property Rights
Our Content and Trademarks
The Service and its original content, features, functionality, and design are owned by Agitative and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Agitative name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Agitative. You may not use these marks without our prior written permission.
Your Rights to Use Our Content
You May:
- Use our tools and calculators for personal or organizational campaign planning
- Share links to our website and tools on social media or in your communications
- Reference our content with proper attribution (cite as: "Source: Agitative.com")
- Print or save single copies of content for your personal reference
You May Not:
- Copy, reproduce, republish, upload, post, or distribute our content on other websites or platforms without written permission
- Modify, adapt, translate, reverse engineer, or create derivative works based on our tools or content
- Remove copyright notices, trademarks, or other proprietary notices from our content
- Use our content or tools in any commercial product or service without a licensing agreement
- Frame or embed our website or tools on another website without permission
User-Generated Content
If you submit feedback, suggestions, comments, or other communications to us (collectively "Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate that Feedback into our Service without attribution or compensation.
Limitation of Liability
No Liability for Campaign Outcomes: We are not responsible or liable for any outcomes, results, or consequences of campaigns planned or executed using our tools. Campaign success depends on numerous factors including strategy, execution, messaging, timing, resources, opposition, and circumstances entirely beyond our control or prediction.
Limitation of Damages: To the fullest extent permitted by applicable law, Agitative and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from:
- Your access to or use of (or inability to access or use) the Service
- Any calculations, estimates, projections, or recommendations provided by our tools
- Campaign strategies or decisions based on information from our Service
- Any errors, inaccuracies, or omissions in our content or tools
- Unauthorized access to or alteration of your data or communications
- Any other matter relating to the Service
Maximum Liability: Our total liability to you for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us (if any) in the twelve months preceding the claim. Since our Service is currently free, this means our liability is limited to zero dollars ($0).
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
Disclaimers
AS-IS Service: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Guarantee of Availability: We do not warrant that the Service will be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the Service (or any part thereof) at any time without notice or liability.
Third-Party Content: The Service may contain links to third-party websites, resources, or advertisements. We are not responsible for the availability, accuracy, or content of third-party sites or resources. Links do not imply endorsement.
Not Legal, Financial, or Professional Advice: Nothing on this Service constitutes legal advice, financial advice, tax advice, investment advice, or professional consulting services. For such advice, consult licensed professionals in your jurisdiction.
Indemnification
You agree to indemnify, defend, and hold harmless Agitative and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your violation of any applicable law or regulation
- Any campaign or activity you conduct using information from our Service
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Service will immediately cease.
You may stop using the Service at any time. If you wish to have your personal information deleted, contact us as specified in our Privacy Policy.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Dispute Resolution: Any disputes arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or through the courts located in the jurisdiction of Agitative's principal place of business.
Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.
Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on this page with a new "Last Updated" date.
Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.
Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Agitative regarding the Service and supersede all prior agreements and understandings, whether written or oral.
Contact Information
If you have questions about these Terms of Service, please contact us:
Email: legal@agitative.com
Contact Form: agitative.com/contact
We will respond to inquiries within a reasonable timeframe, typically 5-10 business days.
