The following are terms of a legal agreement between you and Abelisk Software
Effective Date: March 1, 2016

Overview

The following terms and conditions (collectively, the “Terms of Use”) govern your access to and use of www.abelisksoftware.com (the “Website”), including any content, functionality and services offered on or through the Website. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you are deemed to have accepted these Terms of Use and agree to be bound and abide by them and our Privacy Policy, found at http://www.abelisksoftware.com/privacy-policy.  Our privacy Policy sets out the terms we use to process any personal data we collect from you, or that you provide to us.   By using our site, you consent to such processing and warrant that all data provided by you is accurate.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This site is owned by Abelisk Software, a division of Abelisk, Inc., (the “Company”).   

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and their design, selection and arrangement), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Terms of Use and Website

The Company may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may update the content on this Website from time to time, but its content is not necessarily complete, accurate, free from errors or omissions, or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We try to ensure our site is always available to you but we do not promise or guarantee that our site or any content on it will be continuously available. From time to time, we may restrict access to some or all parts of our site and we may suspend, withdraw, discharge or change all or part of our site without notice. We will not be liable to you, if for any reason, our site is unavailable at any time or for any period.  Also, we also do not promise that your use of our site will be uninterrupted or error-free, or that our site and server will be free from attack (e.g. viruses). We recommend that you use your own antivirus, malware and other security software.

Acceptable Use of Our Website

We are pleased to provide our Website to you for use but you must use our site in an acceptable way. We take steps to ensure it is available to permitted users, including disabled users.

In general, unacceptable use of our Website is anything that may  damage or is likely to damage our reputation, the availability or integrity of our site or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

As you might expect, you may only use our Website for lawful purposes. For example, you must not use our Website:
  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • To send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communications (spam); or
  • To transmit any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms or time bombs.
You also agree not to:
  • Reproduce, duplicate, copy or re-sell any part of our site; or
  • Access without authority, interfere with, damage or disrupt our site, or any related equipment, network or software.
We also ask that you comply with any relevant notices, policies and terms imposed by third parties whose websites, products or services you access through our Website.

Content Standard of Our Website

If you contribute material to our Website, you agree that any material you contribute will:
  • Comply with all applicable laws and regulations;
  • Be factually accurate and/or will represent genuinely held belief or opinion;
  • Not be defamatory, offensive, hateful or inflammatory; and
  • Not infringe confidentiality, or any copyright or other intellectual property rights of Company, another person or third party.
You also agree and consent that we can use any content that you contribute to our Website whenever and wherever we think appropriate, including in any publications or marketing materials.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

Links to and from Our Website

The Website contains links to other sites and resources provided by third parties.  These links are provided for your convenience only. We have no control over the contents of those sites or resources nor their availability.  We accept no responsibility for them or for any products or services you might buy from them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You may establish links to our site provided you obtain our prior written consent.  Links must only be made to our home page and you are not entitled (nor shall you assist others) to set up links from your website to our site by deep-linking, framing or otherwise, without our prior written consent. We reserve the right to withdraw our consent at any time at our absolute discretion, and without the need to provide a reason.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law, Venue and Jurisdiction

The Company is a California corporation subject to the laws of the United States and the State of California.  By using the Website, you acknowledge that these laws apply to you, without regard to principles of conflicts of laws, and you consent for any legal dispute to be arbitrated by the American Arbitration Association in California.  The decision of the Arbitrator will be final without appeal and without recourse to state and federal courts in California.

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