PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms of Service ("Terms") apply to your access to and use of the BAC Retrograde Calculator (the "Service") provided by Timothy Kwarcinski ("Provider").
1. Single-User License
The Service is licensed on a per-individual basis. It is not licensed to an organization as a whole.
RESTRICTIONS:
- No Sharing: You may not share your login credentials with any other person, including colleagues, paralegals, partners, or administrative staff.
- No Concurrent Usage: The Service includes technical measures to detect and block concurrent logins.
- No Transfer: You may not transfer, sublease, or assign your account to another party without express written permission.
Violation of this section constitutes a material breach of these Terms. Provider reserves the right to immediately terminate accounts found to be shared, without refund.
2. Account Security & Liability
You are solely responsible for all activity that occurs under your account. You agree to notify Provider immediately of any unauthorized use.
Liability for Shared Access: If your account is used by multiple individuals, you agree that you are liable for the subscription fees for each unlicensed user who accessed the Service through your credentials, retroactively applied to the date of first unauthorized access.
3. Audit Rights
Provider reserves the right to monitor account usage patterns (including IP addresses, device IDs, and login times) to verify compliance with the license terms. If an audit reveals that you have underpaid fees by sharing credentials, you agree to pay the cost of the audit and a penalty fee equal to three times (300%) the current annual subscription rate for each unauthorized user.
4. Intellectual Property
The algorithms, source code, CSS, and visual charts are the exclusive property of Timothy Kwarcinski. You agree NOT to:
- Reverse engineer, decompile, or disassemble the Service.
- Create derivative works based on the Service.
- Remove copyright notices from generated charts or presentation views.
- Use automated scrapers or bots to access the Service.
5. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
This tool creates estimates based on mathematical models (e.g., Widmark, Zero-Order Kinetics). It is a demonstrative aid, not a substitute for expert testimony. You acknowledge that: (a) Provider is not an expert witness retained by you; (b) Provider creates no warranty that the calculations will be admissible in your specific jurisdiction; and (c) You are solely responsible for verifying input data before presenting results in court.
6. Indemnification
You agree to indemnify, defend, and hold harmless Timothy Kwarcinski from any claims, damages, or legal fees arising from: (1) Your professional use of the Service; (2) Your negligence or misconduct; or (3) Your violation of these Terms.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. PROVIDER’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE LAST 12 MONTHS.
8. Termination
Provider may terminate your access immediately, without notice or refund, for "Cause." Cause includes account sharing, non-payment, or attempting to reverse engineer the software.
9. Dispute Resolution
Any dispute arising from these Terms shall be resolved by binding arbitration in Maricopa County, Arizona. You explicitly waive your right to a jury trial and your right to participate in a class-action lawsuit against Provider.
10. Governing Law
These Terms are governed by the laws of the State of Arizona.