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ABC-Amega Terms of Use

Effective as of October 10, 2016


ABC-Amega, Inc. (“ABC-Amega,” “we,” “us,” or “our”) welcomes you. We invite you to access our website located at www.abc-amega.com (the “Site”), or purchase and/or use our Services, which are made available to you through our Site.

We provide visitors to our Site (“Visitors”) access to the Site subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Site.

By signing up, accessing, and/or using the Services, each Client (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying ABC-Amega Terms and Conditions. In the event of any conflict between the terms of this Agreement and the ABC-Amega Terms and Conditions, the ABC-Amega Terms and Condition shall control.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION AND USE OF SERVICES

We provide Visitors, and Clients with access to the Site and the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Site; and (ii) e-mail us.

Clients. Login is required for all Clients. Clients are organizations who register to use the Services. As noted above, Clients’ access to and usage of the Services is governed by the ABC-Amega Terms and Conditions.

ABC-Amega is under no obligation to accept any individual as a Client, and may accept or reject any registration in its sole and complete discretion. In addition, ABC-Amega may deactivate any account at any time, including, without limitation, if it determines that a Client has violated these Terms of Use.

2. COMMUNITY GUIDELINES

ABC-Amega’s community, like any community, functions best when its users follow a few simple rules. By accessing the Site and/or using the Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

  • You will comply with all applicable laws in your use of the Site and the Services and will not use the Site and the Services for any unlawful purpose;

  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity;
      or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

  • You will not “stalk,” threaten, or otherwise harass another person;

  • You will not access or use the Site and the Services to collect any market research for a competing business;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  • You will not interfere with or attempt to interrupt the proper operation of the Site and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; 

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site and the Services; 

  • You will not use any robot, spider, scraper, or other automated means to access the Site and the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Site and the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; 

  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and 

  • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

  • We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. USE OF PERSONAL INFORMATION

Your use of the Site and/or the Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy (located at www.abc-amega.com/privacypolicy), which is hereby incorporated by reference in its entirety.


4. INTELLECTUAL PROPERTY

We retain all right, title and interest in and to the Site, the Services and all software and other technology relating to the Site and the Services (the “ABC-Amega Content”). The ABC-Amega Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the ABC-Amega Content may violate copyright, trademark, and other laws. You have no rights in or to the ABC-Amega Content, and you will not use the ABC-Amega Content except as permitted under this Agreement and the functionality of the Services. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original ABC-Amega Content. You may not sell, transfer, assign, license, sublicense, or modify the ABC-Amega Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the ABC-Amega Content in any way for any public or commercial purpose. The use or posting of the ABC-Amega Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the ABC-Amega Content and the Services automatically terminates and you must immediately destroy any copies you have made of the ABC-Amega Content.

The trademarks, service marks, and logos of ABC-Amega (“ABC-Amega Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of ABC-Amega. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with ABC-Amega Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of ABC-Amega Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the ABC-Amega Content may be retransmitted without our express, written consent for each and every instance.

5. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

6. NO WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR THE SERVICES, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF ABC-AMEGA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “ABC-AMEGA PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE ABC-AMEGA PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICES IS TO STOP USING THE SITE AND/OR THE SERVICES.

IN NO EVENT SHALL ANY OF THE ABC-AMEGA PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ANY ABC-AMEGA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE ABC-AMEGA PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE ABC-AMEGA PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

THE SITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS.WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

7. EXTERNAL SITES

The Site and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the ABC-Amega Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the ABC-Amega Content, the Services, or the Site; or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

9. COMPLIANCE WITH APPLICABLE LAWS

The Services and the Site are based in the United States. We make no claims concerning whether the Site, the Services, or the ABC-Amega Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or the ABC-Amega Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability.

11. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, and the sections titled “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” and “Termination of the Agreement” shall survive the termination of this Agreement.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2016 ABC-Amega. All rights reserved.