Welcome to ABE.com. The following are the rules or "Terms" that govern use of the ABE.com web site (the "Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. ABE, Inc., its subsidiaries and/or affiliates ("ABE") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms, ABE may terminate your use of the Site, bar you from future use of the Site, cancel your order, and/or take appropriate legal action against you.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. The content and software on this Site is the property of ABE and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Links & Search Results
By using the Site to search for or link to another site, you agree and understand that you may not make any claim against ABE for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
Access & Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of ABE. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of ABE.
Unauthorized Use Of The Site
Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by ABE with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless you have been provided with written authorization to do so by ABE.
Violation Of The Terms
You understand and agree that in ABE's sole discretion, and without prior notice, ABE may terminate your access to the Site, cancel your order or exercise any other remedy available if ABE believes that your use is (i) inconsistent with these Terms or (ii) has violated the rights of ABE, another user or the law. You agree that monetary damages may not provide a sufficient remedy to ABE for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. ABE may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are owned by ABE. To the extent that ABE has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, ABE grants you permission to copy or otherwise download from any Site, information and materials (including related graphics), provided:
- The materials are for internal, non-commercial use only, and
- Any copies of materials or portions thereof must include the copyright notice specified on the Site.
You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of ABE. Documents posted by ABE on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by ABE or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of ABE or any third party.
The ABE name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of ABE and may not be used in any manner without the prior written consent of ABE. Other products and service marks are trademarks of their respective owners.
Limitation Of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL ABE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT RESULTING FROM ACCESS TO OR USE OF THIS SITE, OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. ALTHOUGH ABE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ABE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. ABE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME AND WITHOUT NOTICE.
ABE DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY ABE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER ABE NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE.
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, Santa Clara County.
You agree to indemnify and hold ABE, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Digital Millennium Copyright Act - Copyright Infringement
Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on ABE's system or network, should be promptly sent in the form of written communication to ABE's Designated Agent:
Eugene Mascolli, Esq.
2001 Gateway Place Suite 610W
San Jose, CA 95110
All claims must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Linking Policy Statement
User Policy - Outbound Linking Policy Statement
Any link (including hyperlinks, buttons or referral devices of any kind) used on this or any other ABE Web page is provided for the use and convenience of the visitor. The appearance of a link on this or any other ABE Web page does not constitute an endorsement, recommendation or certification by ABE, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with ABE.
User Policy - Inbound Linking Policy Statement
ABE generally does not object to links to ABE Web sites from third party sites. However, there are certain conditions that must be followed:
- Unless we enter into a specific written agreement with you, you may not use any of ABE's names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to an ABE site using the plain text name of that site or the plain text name of ABE.
- Do not present the link to ABE's site in any way that suggests ABE has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site. Do not use any of ABE's names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without the prior express written permission for a particular use from ABE.
- Link only to the home page/first page/registration page of this site and do not incorporate any content from this site into your site (e.g., by in-lining or framing).
- Do not use any of ABE's names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying ABE's Web sites in any "meta tag" or other information used by search engines or other information location tools to identify and select sites, without ABE's express written permission for a particular use.
- If you have comments, questions or requests please write to firstname.lastname@example.org