1. ABRE AS A PLATFORM PROVIDER
2. BASIC TERMS
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Abre and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are using the Services on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Services and to take any actions on or related to the Services. If you are under 18 years of age, or the age of majority in your place of residence, you may not use or access the Services for any reason. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Abre may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
3. GRANT OF LICENSE
4. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
5. INTELLECTUAL PROPERTY RIGHTS
All material contained on the Services, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Abre does not grant any express or implied right(s) to Users of the Services. Copyright and other proprietary rights in a Site, the Services, or portions thereof, may be held by individuals and/or entities other than Abre. Removing or altering the copyright notice on any material on the Services is prohibited. Abre owns a copyright in the Services as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of content on the Services.
Abre, the Abre logo, and all other trademarks, names, logos, and icons identifying Abre or Abre’s products and services are proprietary marks of Abre.io, Inc. and its subsidiaries and are registered and/or common law trademarks of Abre.io, Inc. and its subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Abre. In addition, the look and feel of the Site and the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Abre and may not be copied, imitated or used, in whole or in part, without the prior written permission of Abre. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Abre.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Abre, or the Services are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The contents of these Sites are ©2017 Abre.io, Inc. All rights reserved worldwide.
7. YOUR REGISTRATION INFORMATION
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services(“Registration Data”); (b) maintain the security of your password and immediately notify Abre if you become aware of any unauthorized use of your account; (c) maintain and promptly update the Registration Data, and any other information you provide to Abre, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Abre.
8. CODE OF CONDUCT
You agree not to do any of the following:
- Restrict or inhibit any other user from using and enjoying the Services. This includes, without limitation: (a) using, or attempting to use, any account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Abre, our affiliates, our Services’ systems, or other entities.
- Interfere (or attempt to interfere) with the operation of the Site or the Services. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site or Services, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site or Services that you are not authorized to access. (c) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (d) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Abre (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Abre (NOTE: scraping the Services without the prior consent of Abre is expressly prohibited); (e) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (f) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
- Post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information or any Content that you do not have the full right and authority to upload.
- Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Abre) information or material.
- Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
- Use the Services to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s rights You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
- Use the Services for any unlawful purpose.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Sites or the Services.
- Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
- Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of our Sites or Services specifically designated for such purpose (and subject to applicable rules).
- Misuse any e-mail function available on or through our Sites or Services. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
9. USE OF INTERACTIVE AREAS
The Services may contain discussion forums in which you or third parties may post reviews of, make recommendations for or give ratings of content, events, products, services or third-party providers, or post other Content, messages, materials or other items on the Services (“Interactive Areas”). If Abre provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with the Code of Conduct set forth above with respect to your use of the Interactive Areas. You acknowledge and agree that Abre may set up any such forum to be accessible by all users or by certain users elected at the sole discretion of Abre or any designee chosen by Abre. Eligibility for access or membership in any given forum (or any continued access and membership) shall be determined by Abre or its designee in its sole discretion, and you may not be given access to certain forums.
No review, recommendation or rating on the Services or in any Interactive Area shall be deemed to be an endorsement by Abre of any the particular matter subject of the review, recommendation or, if such matter is a third-party provider, a guarantee of such provider’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
Abre takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Abre liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Abre is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Abre has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area, Abre reserves the right, and has absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any material you post or store in these areas at your sole cost and expense.
10. ASSUMPTION OF RISK
Use of the Internet and the Services are solely at your own risk. While Abre has endeavored to create secure and reliable Services, please be advised that the confidentiality of any communication or material transmitted to/from the Services over the Internet cannot be guaranteed. Accordingly, Abre and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using the Services and must make his or her own determination as to these matters.
11. LAW ENFORCEMENT
Abre reserves the right to view, monitor, and record activity on the Services without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Services. Abre will also comply with all court orders involving requests for such information.
12. LINKS TO OTHER SITES; THIRD PARTY SERVICES
13. EVENTS BEYOND ABRE’S CONTROL
Users expressly absolve and release Abre from any claim of harm resulting from a cause beyond Abre’s reasonable control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, pandemics or other significant viruses or outbreaks, strikes or other labor problems, wars, terrorism, or governmental restrictions.
Please read this section carefully since it limits the liability of Abre and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Abre Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are provided “As Is”
WHILE ABRE ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, ABRE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICES OR IN THE INFORMATION AVAILABLE ON THESE SITES AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICES. THE ABRE ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THE SERVICES ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.
The Abre Entities make no warranty and disclaim all responsibility and liability for: (i) any actions any Abre user; (ii) any injury, harm, property damage, illness or other loss that occurs as a result of uploading, transmitting or otherwise displaying any information or Content on the Services; (iii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iv) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (v) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vii) any advice or information you receive through the Services; and (iix) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Abre Entities or through the Services, will create any warranty not expressly made herein.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABRE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ABRE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ABRE, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ABRE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ABRE AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
15. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Abre reserves the right to remove any material on the Services which allegedly infringes another person’s copyright. If you believe in good faith that materials hosted by Abre infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to them blocked.
Such notice must meet statutory requirements imposed by the DMCA and must be in writing and include the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
- A description of the material that you claim to be infringing, as well as its location on the Site or the Services;
Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices should be sent to: David J. Willbrand. Esq., Thompson Hine LLP, firstname.lastname@example.org, 312 Walnut Street, 14th Floor, Cincinnati, OH 45202.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
16. GOVERNING LAW AND CONSENT TO ARBITRATION
20. TERMINATION AND MODIFICATION
You may end your legal agreement with Abre at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at email@example.com. Please note that deactivating your account may not relieve you of any payment obligations you have pursuant to a subscription or other agreement with Abre.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
Nothing in this section shall affect Abre’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
21. ENTIRE AGREEMENT/RESERVATION OF RIGHTS