IMPORTANT: THIS AGREEMENT IS A CONTRACT
1. READ THIS:
YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE.
2. ACCESS TO THE SITE
To access the Site or its Content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, and complete. If ABERLE believes the information you provide is not correct, current, or complete, ABERLE has the right to refuse you access to the Site or any of its Content, and to terminate or suspend your access at any time.
You warrant and represent that have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.
3. RESTRICTIONS ON USE
You may use the Site only for the purposes expressly permitted. As a condition of your use you warrant to ABERLE that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information on the Site through any means not expressly authorized.
Co-Branding. You may not co-brand the Site. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of ABERLE in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute the Site or its Content. You agree to cooperate with ABERLE in causing any unauthorized co-branding immediately to cease.
Framing and Metatags. You may not frame or use framing techniques to enclose any ABERLE trademark, logo, or other proprietary information (including but not limited to images, text, page layout, and form) without ABERLE’s express written consent. You may not include ABERLE’s name or trademarks in any metatags or any other “hidden text” without ABERLE’s express written consent.
Any unauthorized activity by you as set forth in this provision shall result in such action as ABERLE deems necessary to protect and enforce its legal rights.
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Site is for your personal and non-commercial use, unless otherwise specified. You may not use the Site for any other purpose, including any commercial purpose, without ABERLE’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.
You expressly acknowledge that the Site offers licenses to use and display certain copyrighted Content for a fee, and that any efforts to use or make such Content available without payment to ABERLE may constitute actionable infringement of ABERLE’s rights under the copyright laws of the United States and elsewhere. You understand and agree that ABERLE employs security measures to monitor unauthorized use of its Content.
5. PROPRIETARY INFORMATION
6. THIRD PARTY LINKS
The Site may contain links to websites maintained by third parties (“Third Party Sites”). ABERLE makes no representations whatsoever about any Third Party Site or related content (“Third Party Content”) that you may access through the Site. When you access any other website, you understand that it is entirely independent from the Site, and that ABERLE has no control over the content of such website nor of its policies. It is up to you to take precautions to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. If you access any Third Party Site or use or install any Third Party Content, you do so at your own risk.
In the event of links to the Site on Third Party Sites, the Site will continue to be governed by this Agreement.
By using the Site, you expressly release ABERLE from any and all liability arising from your use of any Third Party Site or Third Party Content.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ABERLE AND ITS AFFILIATES, PRINCIPALS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ABERLE AND ITS AFFILIATES, PRINCIPALS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
ABERLE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY 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 THIS SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. ABERLE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS THE INTERNET AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
ABERLE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE’S CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ABERLE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ABERLE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ABERLE MAKES NO WARRANTIES THAT YOUR USE OF THE SITE’S CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
9. LIMITATION ON LIABILITY
ABERLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ABERLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ABERLE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $10 OR THE AMOUNT YOU HAVE PAID TO ABERLE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
11. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in the Site are the property of ABERLE or the party that provided the trademarks, services marks, logos, and copyrighted works to ABERLE. ABERLE and any party that provided trademarks, service marks, logos, and copyrighted works to ABERLE retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of the Site, including its compilation, are Copyright © 2014 [ABERLE and/or its suppliers]. All rights reserved.
12. DIGITAL MILLENNIUM COPYRIGHT POLICY
If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on the Site or through ABERLE as an online service provider, please follow the procedures set forth in our Digital Millennium Copyright Policy.
Any passwords used for the Site are for individual use only. You will be responsible for the security of your password (if any). ABERLE will be entitled to monitor your password and, at its discretion, require you to change it.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD ABERLE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ABERLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ABERLE OR LAW ENFORCEMENT AUTHORITIES.
14. ACCEPTANCE OF ELECTRONIC CONTRACT.
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
15. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
We make no representation that products or services available on or through the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site or Content from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Content, including software, made available through the Site is further subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such Content may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any Content available through the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or Content to any person, geographic area or jurisdiction, at any time and in our sole discretion.
16. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The provider of the Site is ABERLE Solutions, LLC a Wisconsin service corporation having its office at 4710 East Broadway, Madison, WI 53716. There is no charge for using the Site.
17. PARENTAL CONTROL PROTECTIONS
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com
You may not assign this Agreement.
This Agreement is binding on the parties and their respective heirs, legatees, executors, successors and assigns. Except for policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the parties and supersedes all prior written or oral agreements between the parties relating to the subject matter hereof. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The parties’ various rights and remedies hereunder shall be construed to be cumulative.
This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.
Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
No breach of this Agreement by Company shall be deemed material unless you shall have given Company written notice of such breach, and Company shall fail to cure such breach within thirty (30) days after its receipt of such notice.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any additional policies or statements on the Site will govern the items to which they pertain. In the event of conflict between such policies and statements, and this Agreement, this Agreement shall control.