PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PROGRAM. By accessing or using this website, mobile application or other Able 2 Adjust, Inc.™ product or service (collectively the “Program”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Able 2 Adjust, Inc.™.
Able 2 Adjust, Inc.™ may change these Terms of Use at any time without notice, effective upon its posting to the Program. Your continued use of the Program shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Program.
Parenting Notice
The Program may include features that promote co-parenting and cooperation. Consider the risks involved and consult with your licensed professional before if you are concerned about your safety. Able 2 Adjust, Inc.™ is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Program.
Intellectual Property
All intellectual property on the Program (except for User Generated Content) is owned by Able 2 Adjust, Inc.™ or its partners, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Able 2 Adjust, Inc.™) are owned, registered and/or licensed by Able 2 Adjust, Inc.™. All content on the Program (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos,applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Able 2 Adjust, Inc.™; All rights reserved.
Program Use Restrictions
You may use the Content only for your own non-commercial use to participate in the Program or to place an order or purchase Able 2 Adjust, Inc.™ products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Program. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Program, including User Generated Content (defined below), without Able 2 Adjust, Inc.™‘s prior written consent, unless it is your own User Generated Content that you legally post on the Program. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
Product Orders
All orders placed through the Program are subject to Able 2 Adjust, Inc.™‘s acceptance. This means that Able 2 Adjust, Inc.™ may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Able 2 Adjust, Inc.™ will issue you a refund.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your Able 2 Adjust, Inc.™ account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Program. Able 2 Adjust, Inc.™ is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
User Generated Content
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Program users post or otherwise make available on or through the Program, except to the extent the Content is owned by Able 2 Adjust, Inc.™.
Posting Rules
User Generated Content And User Conduct
Be Responsible
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Program. Do not take any action or post anything that may expose Able 2 Adjust, Inc.™ or its users to any harm or liability of any type.
Be Relevant And Constructive
Stay on topic and post only constructive comments and questions. Unless the Program feature asks for it, don’t talk about policies, future products, speculations or rumors about Able 2 Adjust, Inc.™ and Able 2 Adjust, Inc.™ products, or anything else off topic.
Be Courteous And Appropriate
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Able 2 Adjust, Inc.™‘s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Program user or person.
Be Private
Do not post personal information. Do not collect or solicit personal information from other Program users or send unsolicited emails or other communications. Do not collect, use or post on the Program the private information of anyone else without their consent or for illegal purposes.
Be Personal
The Program is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Program or accept payment from a third party in exchange for your performing commercial activity on the Program. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Program.
Be Yourself
Do not impersonate any person or entity, including without limitation athletes or Able 2 Adjust, Inc.™ employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Able 2 Adjust, Inc.™ account, register a Able 2 Adjust, Inc.™ account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
Be Original
You promise that you own or control all rights in any User Generated Content that you post on the Program. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Able 2 Adjust, Inc.™ all of the license rights granted in these Terms of Use.
Be Legal
Do not post any User Generated Content, take any action or use the Program in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Program designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Program. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Program security technology or software.
General Rules For
User Generated Content
Content Is Not Prescreened
Able 2 Adjust, Inc.™ does not prescreen User Generated Content. Able 2 Adjust, Inc.™ does not guarantee the Program will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Able 2 Adjust, Inc.™ is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Program. Even in the event Able 2 Adjust, Inc.™ chooses to monitor any User Generated Content, Able 2 Adjust, Inc.™ assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Able 2 Adjust, Inc.™ reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Eligibility And Registration
To become a member of the Able 2 Adjust, Inc.™ Program, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Program. This Program is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Program. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
Able 2 Adjust, Inc's Rights To Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Able 2 Adjust, Inc.™ a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
If you believe that your work has been improperly copied and posted on the Program, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Program the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Able 2 Adjust, Inc.™ legally sufficient notice to Able 2 Adjust, Inc.™ of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
Able 2 Adjust, Inc.™
PO BOX 3804
Paso Robles, CA 93447-3804
t: (866) 504-2883
We suggest that you consult your legal advisor before filing a notice with Able 2 Adjust, Inc.™‘s copyright agent, because there may be penalties for false claims.
Links
The Program may contain links to websites, applications or other products or services operated by other companies (“Third Party Programs”). Able 2 Adjust, Inc.™ does not endorse, monitor or have any control over these Third Party Programs, which have separate terms of use and privacy policies. Able 2 Adjust, Inc.™ is not responsible for the content or policies of Third Party Programs and you access such Third Party Programs at your own risk.
Mobile Services
The Program contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Able 2 Adjust, Inc.™‘s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Indemnification
You agree to indemnify, defend, and hold harmless Able 2 Adjust, Inc.™, Inc, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Program, your conduct in connection with the Program or with other Program users, or any violation of these Terms of Use, any law or the rights of any third party.
Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Program.
User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. Able 2 Adjust, Inc.™ is not responsible or liable for any loss or damage resulting from any interaction with other Program users, persons you meet through the Program, or persons who find you because of information posted on, by or through the Program. You agree to take reasonable precautions in all interactions with other users on the Program, and conduct any necessary investigation before meeting another person. Able 2 Adjust, Inc.™ is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Warranty Disclaimer
Able 2 Adjust, Inc.™ is not responsible or liable for any User Generated Content or other Content posted on the Program or for any offensive, unlawful or objectionable content you may encounter on or through the Program. The Program, User Generated Content, Content, and the materials and products on this Program are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Able 2 Adjust, Inc.™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Able 2 Adjust, Inc.™ cannot guarantee and does not promise any specific results from use of the Program.
Able 2 Adjust, Inc.™ does not represent or warrant that the Program will be uninterrupted or error-free, that any defects will be corrected, or that this Program or the server that makes the Program available are free of viruses or anything else harmful. To the fullest extent permitted by law, Able 2 Adjust, Inc.™ does not make any warranties or representations regarding the use of the materials or Content in the Program in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Program, loss of data or other harm of any kind that may result. Able 2 Adjust, Inc.™ reserves the right to change any and all Content and other items used or contained in the Program at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation Of Liability
Able 2 Adjust, Inc.™ SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PROGRAM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PROGRAM OR THE CONDUCT OF OTHER PROGRAM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Able 2 Adjust, Inc.™ EVENT OR ANY USER GENERATED CONTENT, EVEN IF Able 2 Adjust, Inc.™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM. YOUR ONLY REMEDY AGAINST Able 2 Adjust, Inc.™ FOR USE OF THE PROGRAM OR ANY CONTENT IS TO STOP USING THE PROGRAM. THAT SAID, IF Able 2 Adjust, Inc.™ IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PROGRAM OR ANY CONTENT, Able 2 Adjust, Inc.™‘S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
Termination
Able 2 Adjust, Inc.™ reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Program for any or no reason, without notice, and without liability to you or anyone else.
Able 2 Adjust, Inc.™ also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Program. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Program, or on other Programs (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Program or on other Programs even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.
