TERMS OF SERVICE
1. AGREEMENT BETWEEN YOU AND ABLETOTECH CORPORATION
This Terms of Service (“TOS”) applies to all Abletotech Corporation owned and operated Web Sites. This TOS does not apply to the content of third party websites. In the event that any of the terms, conditions, or notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Abletotech Corporation site, then these terms shall control.
2. MODIFICATION OF THESE TERMS OF SERVICE
Abletotech Corporation reserves the right to change the terms, conditions, and notices under which the Abletotech Corporation websites are offered. You are responsible for regularly reviewing these Terms of Service and additional terms posted on particular websites. Your continued use of the Abletotech Corporation websites constitutes your agreement to all such terms, conditions, and notices.
3. INTENDED MEMBER
This site is a business and commercial site, and therefore is not intended for persons under the age of 18. The material on this website is published by Abletotech Corporation as a service to Marketing Executives and their customers who reside in The United States of America. This site is not intended for access or use outside of these areas. Abletotech Corporation and its members make no claims that the information located on this site is appropriate for all jurisdictions. If you access the materials on this website from outside of the country indicated, you do so at your own risk. You are responsible for compliance with the laws in your respective jurisdiction.
You agree to provide true, accurate, and complete information to Abletotech Corporation when making a purchase. You agree to maintain the confidentiality of any identification number, key or password (“Identifiers”) that you are provided with. You agree to immediately notify Abletotech Corporation of any unauthorized use of the above or other breach of security. You are fully responsible for all activities under your Identifiers. Abletotech Corporation is not responsible for any misuse of your account by someone who uses your Identifiers.
5. PURCHASE AND ENROLLMENT TERMS
You are responsible for providing a valid credit card number or account information with available credit at time of purchase and/or enrollment as a member. You represent and warrant that you are an authorized user of the credit card or account information. You are responsible for payment of any applicable taxes. You are responsible for payment of shipping and handling charges. Taxes and shipping and handling charges may be included on your order invoice depending on your jurisdiction and what has been ordered.
All website design, text and graphics are owned solely and exclusively by Abletotech Corporation. The content of all Abletotech Corporation websites is the copyright of
Abletotech Corporation. ALL RIGHTS RESERVED. No website material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Abletotech Corporation.
Abletotech Corporation’s intellectual property, including but not limited to Abletotech Corporation, the Abletotech Corporation product names and logos, AbleTotech, Big Leaf Bag, allpage headers, custom graphics and button icons are service marks, trade names, trademarks and/or trade dress of Abletotech Corporation are owned solely and exclusively by Abletotech Corporation. There may be other trademarks, product names, company names, logos, service marks, and/or trade dress indicated on the Web site that are the property of their respective owners.
8. LINKS TO THIRD PARTY SITES
Abletotech Corporation may provide, via its websites, links to other third party websites or resources and/or advertisements or other such promotional materials. Because Abletotech Corporation has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Abletotech Corporation is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites;(3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Abletotech Corporation shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to website and/or the quality of any goods or services offered by or through any linked to third-party site.
9. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABLETOTECH CORPORATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEBSITE(S); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE(S), (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITES EVEN IF ABLETOTECH CORPORATION, ITS EMPLOYEES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ABLETOTECH CORPORATION WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABLETOTECH CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ABLETOTECH CORPORATION MAKES NO WARRANTY THAT (i) THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE(S) WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABLETOTECH CORPORATION OR THROUGH OR FROM THE EMAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
a. Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Minnesota, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ramsey County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the Abletotech Corporation websites.
b. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Abletotech Corporation as a result of this agreement or use of the Abletotech Corporation websites.
c. You agree to indemnify and hold Abletotech Corporation, its parents, subsidiaries, members, officers and employees harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Abletotech Corporation websites.
d. Abletotech Corporation reserves the right to disclose any personal information about you or your use of the Abletotech Corporation websites, including its contents, without your prior permission, if Abletotech Corporation has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Abletotech Corporation or its affiliated companies; (3) enforce the TOS; or (4) act to protect the interests of its Employees, Principals or others.
e. Abletotech Corporation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Abletotech Corporation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Abletotech Corporation websites or information provided to or gathered by Abletotech Corporation with respect to such use.
f. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, such limited portions of the provision that are unenforceable shall be fully severable from this Agreement and the remaining terms shall remain in full force and effect and be construed as if such invalid or unenforceable provision never comprised a part hereof. Furthermore, in lieu of such invalid or unenforceable provision there shall be added in its place a
provision as similar in its terms to the invalid or unenforceable provisions as may be possible and legal, valid and enforceable.
g. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Abletotech Corporation with respect to the Abletotech Corporation websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Abletotech Corporation with respect to the Abletotech Corporation websites.
h. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement or other intellectual property
infringement should be sent to the following:
By Mail: Abletotech Corporation
1493 Barclay St.
Saint Paul, MN 55106
By email: firstname.lastname@example.org.