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THIS
WEBSITE IS OWNED AND OPERATED BY ABCO LABORATORIES, INCORPORATED.
PLEASE READ THIS AGREEMENT CAREFULLY. THESE ARE THE TERMS AND CONDITIONS
GOVERNING YOUR USE OF THE ABCO LABORATORIES, INCORPORATED ("ABCO
LABORATORIES") WEBSITE (THE "SITE"). WHEN YOU AGREE
TO USE OUR SITE, YOU AUTOMATICALLY AGREE TO THEM. THANK YOU FOR
VISITING THE SITE.
This agreement ("Agreement") governs your use of the Site
and your access to and use of the content, postings, links, pages,
services, and/or other materials offered on the Site and any other
sites ABCO Laboratories may make available and any lower level domains
of the foregoing (which, collectively, constitute the "Services").
By accessing any of the Services, you agree you are bound by this
Agreement, as it may be amended or supplemented from time to time,
and agree to
all operating rules that may be published by ABCO Laboratories on
the Site. All these rules are incorporated into this Agreement by
this
reference.
1. Ownership.
All software, content and materials used or appearing on the Site
are the exclusive property of ABCO Laboratories or its licensors
and are protected by U.S. and international copyright, trademark,
and other intellectual property rights laws. No copying, sale or
exploitation of material from the Services is permitted without
the prior written consent of ABCO Laboratories and any other applicable
copyright owner. You do not acquire any ownership rights by virtue
of downloading material from the Services.
2. Individual Use.
You are only authorized to visit, view and to retain copies of pages
of this Site solely for your own individual use. You may not duplicate,
download, publish, modify or otherwise distribute any material
on this Site for any purpose other than for your own individual
use unless authorized by ABCO Laboratories in writing.
3. Third Party Intellectual Property Rights.
You may not use the Services to transmit material that: (i) is copyrighted,
unless you are the copyright owner or have obtained the permission
of the copyright owner; (ii) reveals trade secrets, unless you
own them or have the permission of the owner; or (iii) infringes
on any intellectual property rights of others or violates the privacy
or rights of publicity of others.
4. Links.
Occasionally ABCO Laboratories provides links to other websites from
the Site. ABCO Laboratories attempts to insure that each of the
links from the Site is appropriate for its consumers. However,
ABCO Laboratories does not endorse linked sites and ABCO Laboratories
is not responsible for the content of any linked site.
5. Right to Revise this Agreement.
ABCO Laboratories has the right at any time to revise and to otherwise
modify this Agreement, and to impose new or additional terms or
conditions (collectively, "Additional Terms") on your
use of the Services. Such Additional Rules are effective immediately
and are incorporated into this Agreement when posted by ABCO Laboratories
to the Site. Use of the Site following such notice indicates your
acceptance of all such Additional Terms.
6. Revision/Termination of the Services.
ABCO Laboratories has the right, at any time, to modify or discontinue,
temporarily or permanently, the Services, and/or to refuse or restrict
anyone from access to any of the Services, with or without notice
and in its sole discretion. ABCO Laboratories shall not be liable
for any modification, suspension or discontinuance of any Services.
7. ABCO Laboratories Makes No Warranties.
YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE,
QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
ABCO LABORATORIES DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE
OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS
OR DEFECTS WILL BE CORRECTED. IN ADDITION, ABCO LABORATORIES DOES
NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE
APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION,
AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL
IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion
of implied warranties, so the above exclusions may not apply to you.
8. Limitation of Liability.
ABCO LABORATORIES IS NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT
OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABCO LABORATORIES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT
THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART,
HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE
AGGREGATE LIABILITY OF ABCO LABORATORIES FOR ANY REASON AND UPON
ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY
WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT
DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
9. Choice of Law.
The Services are controlled by ABCO Laboratories from within the
State of California, USA. By accessing the Services, you agree
that the laws of the State of California, USA govern all matters
relating to this Agreement, and the use, or inability to use, the
Services, and that such laws will apply without regard to principles
of conflict of laws. You agree to submit to the exclusive jurisdiction
and venue of the State and Federal courts in California, USA. Regardless
of any law to the contrary, any claim or cause of action related
to the Services must be commenced within one (1) year after such
claim or cause of action arose or be forever barred.
10. Miscellaneous Terms.
This Agreement constitutes the entire agreement between you and ABCO
Laboratories with respect to the subject matter addressed herein,
and governs your use of the Site and Services, superseding any
prior agreements between you and ABCO Laboratories relating to
such subject matter. This Agreement may be supplemented by any
other agreement you enter into with ABCO Laboratories pursuant
to a registration to access certain features of the Site. The failure
of ABCO Laboratories to exercise any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties¹ intentions
as reflected in the provision, and that the other provisions of
this Agreement remain in full force and effect. The section headings
used in this Agreement are for convenience only and have no legal
effect. ABCO Laboratories¹s Services are not intended for
use by or availability to minors. |
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