Able2beme.com
Web Site Agreement
The Able2beme.com Web Site (the
"Site") is an online information service
provided by Able2beme.com ("Able2beme.com "),
subject to your compliance with the terms and conditions
set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. Able2beme.com MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are Able2beme.com, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different
areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete
any copyright or proprietary notices from the materials.
You agree to grant to Able2beme.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly
perform any materials and other information (including,
without limitation, ideas contained therein for new
or improved products and services) you submit to any
public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to Able2beme.com
by all means and in any media now known or hereafter
developed. You also grant to Able2beme.com the right
to use your name in connection with the submitted
materials and other information as well as in connection
with all advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against Able2beme.com for any alleged or
actual infringement or misappropriation of any proprietary
right in your communications to Able2beme.com.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks
or servicemarks of Able2beme.com. Other product and
company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied by
Able2beme.com, Able2beme.com does not operate, control
or endorse any information, products or services on
the Internet in any way. Except for Able2beme.com
- identified information, products or services, all
information, products and services offered through
the Site or on the Internet generally are offered
by third parties, that are not affiliated with Able2beme.com.
You also understand that Able2beme.com cannot and
does not guarantee or warrant that files available
for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND THE INTERNET. Able2beme.com PROVIDES
THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND Able2beme.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Able2beme.com DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Able2beme.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Able2beme.com BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR
ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Able2beme.com OR ITS’ AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Able2beme.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Able2beme.com makes no representations whatsoever
about any other web site which you may access through
this one or which may link to this Site. When you
access a non-Able2beme.com web site, please understand
that it is independent from Able2beme.com, and that
Able2beme.com has no control over the content on
that web site. In addition, a link to a Able2beme.com
web site does not mean that Able2beme.com endorses
or accepts any responsibility for the content, or
the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
Able2beme.com, its officers, directors, employees,
agents, licensors, suppliers and any third party
information providers to the Service from and against
all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of Able2beme.com
and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce
those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of The United States
of America applicable to agreements made and to
be performed in The United States of America. You
agree that any legal action or proceeding between
Able2beme.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in The United
States of America. Any cause of action or claim
you may have with respect to the Service must be
commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred. Able2beme.com's failure to insist
upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of
conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. Able2beme.com
may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
|