Terms & Conditions
1. Introduction
Abbracci Group, LLC (together with its affiliates, subsidiaries, divisions, and brands, collectively, the "Company," "us," "we," or "our," as the context may require) operates and provides abbraccigroup.com and all other websites that link to this Privacy Policy (collectively, the "Site") and all products and services provided through the Site or otherwise provided by the Company, including the Company's subscription-based products and services (with the Site, referred to collectively as the "Services").
This Privacy Policy (this "Policy") describes our privacy practices for the Services, including the types of information we may collect from you when you visit, access, or otherwise use the Services and our practices for collecting, using, maintaining, protecting, and disclosing that information. We respect the privacy of the visitors and users of the Services ("you" or "your," as the context may require) and we are committed to protecting your privacy and the security of your personal information through compliance with this Policy.
Please read this Policy carefully to understand our practices regarding your personal information. By accessing or using the Services, you agree to this Policy, our Terms of Service, and any other applicable terms and conditions posted on the Services. If you do not agree with our policies and practices, please do not visit, access, use, or otherwise interact with the Services.
This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates. The date set at the top of this Policy indicates when it was last updated.
2. The Interactions this Policy Covers
This Policy describes and applies exclusively to personal information (as defined below) that we collect on or in connection with the Services and in texts, emails, and other electronic communications sent through or in connection with the Services, including when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy. Except as otherwise provided in this Policy or as required by applicable law, this Policy does not apply to information that is collected by any application, website, or third party other than the Services. If you visit an application, website, or third party that we mention or link to, be sure to review its privacy policy before providing it with any information, as that privacy policy will apply to your interactions with that application, website, or third party.
This Policy does not apply to personal information that we process on behalf of our customers. When we act as a service provider for our customers, our customers determine and control what personal information we collect on their behalf and the purposes for which we process that personal information. Accordingly, please review the relevant customers' privacy policies to review the personal information we collect and process on their behalf.
Except as otherwise provided in this Policy, "personal information" is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you. "Personal information" does not include information which is generally not considered "personal information" under applicable law or is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations.
3. Information We Collect
We collect several types of information from and about you as a result of your use of the Services and as a result of your communication with us. This information may include:
- Various categories of personal information, such as:
- Identifiers, including your name, address, email address, phone number, job title, username, and login information;
- Demographic information, such as age, gender, and location;
- Location information, such as general geographic location, including country, state, or city;
- Financial information, such as bank account number, credit or debit card numbers, credit information, and other payment information;
- Commercial information, such as records of purchases and information about your purchasing preferences;
- Education information;
- Professional or employment information, such as your work history;
- Sensory information, such as photographs;
- Any personal information provided within user generated content, such as comments posted on the Services;
- Internet or other electronic network activity information, such as information about your internet connection and the equipment you use to access the Services, IP address and other unique device identifiers, your activity on the Services, and other usage details collected through your use of the Services; and
- Inferences drawn from any of the above.
- Information that is about you but individually does not identify you, such as information which has been de-identified or aggregated in a manner where it can no longer be used to identify you.
- Any other information, including personal information, which you disclose or share.
4. How We Collect Personal Information
We may collect personal information directly from you when you provide it to us; automatically when you use or access the Services, such as through cookies, web beacons, and other tracking technologies; and from third parties, such as our affiliates, service providers, social media networks and other third-party platforms, third-party data providers, advertising sources, referral sources, and publicly available sources.
Information We Collect Directly
The personal information we collect directly from you when you use or access the Services includes:
- Information that you provide by visiting or using the Services, such as creating an account, making a purchase, signing up for our email list, posting a comment or other content on the Services, or filling in forms on the Services.
- Your voluntary responses to surveys that we might ask you to complete.
- Records and copies of your communications when you contact us, including information you provide when requesting further information or reporting a problem with the Services.
You may provide information to be published or displayed (hereinafter, "Posted") on public areas of the Services or transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Automatically
As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Usage details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, approximate location data, logs, and other communication data and the resources that you access and use on or through the Services.
- Device information. We may collect information about your computer or mobile device and internet connection, including the device's unique device identifier, IP address, and other information such as operating system, browser type, and mobile network information.
The information we collect automatically may include personal information. This information helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about your preferences, and recognize you when you return to the Services.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Section 7 (Your Privacy Choices) for information on how you can opt in or out of behavioral tracking and how we respond to web browser signals and other mechanisms that enable you to exercise choice about behavioral tracking.
The technologies we use for automatic information collection on the Services include cookies. A cookie is a small file containing a string of characters that is sent to your browser when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information, such as what pages you visit, your IP address, or how you arrived on the website. Cookie information allows us to enable certain functions of the Services, to store your preferences and settings, and to analyze your use of the Services and improve your experience on the Services. Ultimately, a cookie allows us or a third party to recognize you and make the Services more useful to you. Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your browser. We may also utilize third-party cookies and other tracking technologies from third-party analytics providers to help us market, troubleshoot, and provide information about or products and services.
You can refuse to accept nonessential cookies through the notification banner when it is presented to you or by activating the appropriate setting on your browser. However, if you refuse to accept certain cookies, you may be unable to access certain parts of our Services, and overall functionality of the Services may be impaired.
Pages of our Services and our emails may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including some advertisements, on the Services are served by third parties, including advertisers, ad networks and servers, content providers, and social media or other application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 7 (Your Privacy Choices).
From Third Parties
We may also receive personal information or draw inferences about you from other sources, including, without limitation, service providers who collect or process information on our behalf, social media networks and other third-party platforms, third-party data providers, advertising sources, other users of the Services that provide us with referrals, and publicly accessible sources.
5. How We Use Your Personal Information
We may use the information that we collect about you or that you provide to us, including any personal information:
- To provide you with the Services, all related content, and any other information, products, or services that you request from us or otherwise express interest in.
- To fulfill and manage subscriptions, purchases, and payments.
- To provide you with notices about your account or subscription, including expiration and renewal notices.
- To communicate with you and to process your requests.
- To market to you and notify you of changes or additions to any products or services we offer, including to provide you with relevant advertising on third-party websites or other online sources, or to provide you with and to measure relevant third-party advertising on the Services.
- To help maintain the safety, security, and integrity of the Services, as well as our products, services, databases, and other technology assets.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- For testing, research, analysis, and development, including to understand our audience, develop and improve the Services and the Company.
- To respond to law enforcement requests and, as required by applicable law, court order or governmental regulations.
- To evaluate, negotiate, or conduct a merger, divestiture, restructuring, reorganization, dissolution, other sale or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and customers is among the assets transferred.
- In any other way we describe when you provide the information and to fulfill any other purpose for which you provide it, or for any other purpose with your consent.
We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us as provided in Section 15 (How to Contact Us). For more information, see Section 7 (Your Privacy Choices).
6. Disclosure of Your Personal Information
We may disclose personal information that we collect or that you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, advisors, and other third parties that we use to help support our business, which may include cloud storage providers, payment processors, webhosting providers, analytics providers, data security providers, advertisers, social media networks, and other third-party providers or platforms.
- To an actual or prospective buyer or other successor in the event of an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
- In any other way we describe when you provide the information and to fulfill any other purpose for which you provide it, or otherwise with your consent.
We do not sell personal information for monetary consideration.
We may use or disclose aggregated information about our users and information that does not identify any individual without restriction.
7. Your Privacy Choices
We strive to provide you with choices regarding the personal information you provide to us. We offer the following mechanisms to provide you with control over your information:
- Accessing, Correcting, and Updating Your Information. To access, correct, and update certain information, you can log in and edit your profile, or you can contact us as provided in Section 15 (How to Contact Us). Note that we may not accommodate a request to change information if we believe that the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Services.
- Tracking Technologies; Device Permissions. You can disable or refuse all or some nonessential cookies through the notification banner when it is presented to you or by setting your browser to refuse all or some cookies. If you disable or refuse certain cookies, some parts of the Services may then be inaccessible or not function properly. Mobile devices offer permission systems for specific types of device data and notifications, such as phone contacts, pictures, location, and push notifications. You can change your settings on your device to either consent to or refuse the collection or processing of the corresponding information or the display of the corresponding notifications. If you disable or refuse certain permissions, the Services may then be inaccessible or not function properly. Note that the Services do not currently respond to "do not track" (DNT) signals.
- Promotional Offers from Us. If you do not wish to have your contact information used by us for promotions, you can opt out by unsubscribing from any emails you receive from us. Additionally, you can also always opt out by contacting us as provided in Section 15 (How to Contact Us). This opt-out does not apply to information provided to the Company as a result of a purchase or other transaction.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver targeted advertisements, you can opt out by disabling or refusing the related advertising cookies or by contacting us as provided in Section 15 (How to Contact Us).
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website, https://thenai.org/opt-out. Similarly, you can opt out of receiving targeted ads from members of the Digital Advertising Alliance ("DAA") on the DAA's website, https://www.privacyrights.info.
8. Security
We implement various physical, administrative, and technical safeguards to protect the security of your personal information both online and offline. The safety and security of your information also depends on you. Where you use a password to access certain parts of our Services, you are responsible for keeping this password confidential. Please do not share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
9. Retention of Personal Information
We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable).
To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
10. International Transfers
The Services are operated and managed on servers located and operated in the United States, and information collected through the Services as described in this Policy is stored in the United States. As described in this Policy, we may also disclose personal information to other third parties, who may be located in the United States or other countries other than your jurisdiction. If you are accessing the Services from outside the United States, please be advised that the United States and other countries may not offer the same privacy protections as the law of your jurisdiction. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information. By using the Services, you consent to the transfer of your personal information to, and the storage and further processing of your personal information in, the United States and other countries.
11. Children's Privacy
The Services are not directed to nor intended for use by anyone under 18 years old (a "Child" or "Children"). We do not knowingly collect personal information from Children. If you are a Child, please do not use the Services or provide any personal information on the Services. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we have any information from or about a Child, please contact us as provided in Section 15 (How to Contact Us).
12. Notice for California Residents
This Section 12 (Notice for California Residents) applies exclusively to visitors and users of the Services who reside in the state of California. California's "Shine the Light" law (California Civil Code Section 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you would like to exercise this right, please contact us as provided in Section 15 (How to Contact Us).
13. Notice for Nevada Residents
This Section 13 (Notice for Nevada Residents) applies exclusively to visitors and users of the Services who reside in the state of Nevada. Nevada provides its residents with a limited right to opt out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out right may email us at hello@abbraccigroup.com. Please include "Nevada" in your email subject line and include the following information in your email: (i) your name, (ii) Nevada resident address, and (iii) email address. However, please know we do not currently sell data triggering that statute's opt-out requirements.
14. Changes to this Policy
We reserve the right to review and revise this Policy from time to time, without prior notice, subject to applicable legal requirements. The date this Policy was last reviewed and/or revised is noted at the top of the page. You are responsible for periodically visiting this Policy to check for any changes. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.
15. How to Contact Us
To ask questions or comment about your personal information, this Policy, or our privacy practices, you may contact us:
- Via email at hello@abbraccigroup.com
- Via phone at 262-370-7170
- Via mail at 1443 E Washington Blvd., #131, Pasadena, CA 91104
1. Introduction
Abbracci Group, LLC (together with its affiliates, subsidiaries,divisions, and brands, collectively, the “Company,”“us,” “we,” or “our,” as the contextmay require) operates and provides abbraccigroup.com and all other websites that link to theseTerms of Service (collectively, the “Site”)and all products and services provided through the Site or otherwise providedby the Company, including the Company’s subscription-based products andservices (with the Site, referred to collectively as the “Services”)
2. Acceptance
The following terms and conditions (“Terms”), together with any documents they expressly incorporate byreference, including the Abbracci Group Privacy Policy1, as well as any separate purchase order or orderform, statement of work, or quote that you have agreed to, are a binding contract between you or theentity you represent (“you,” or “your”), and govern your access to and use of the Services, includingaccess and use through any other website, platforms, or applications and any content, features,functionality, materials, information, and services offered on or through the Services.
The Services are offered and available to individuals who are eighteen (18) years of age or older. If youare not at least eighteen (18) years of age, you may not use or access the Services. If you are enteringinto these Terms on behalf of a company or other legal entity, you represent and warrant that you havethe right, power, and authority to enter into these Terms on its behalf. In that case, the terms “you” or“your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, oryou do not accept all of these Terms, do not use the Services or provide information to the Company.
Please read these Terms carefully before you use the Services. By registering, accessing, or using theServices, or by clicking “I accept” or “I agree” to the Terms when this option is made available toyou, or executing an order that incorporates these Terms, you (i) acknowledge that you have readand understand these Terms; (ii) represent and warrant that you have the right, power, andauthority to enter into these Terms and, if entering on behalf of an entity, that you have legalauthority to bind that entity; and (iii) accept these Terms on your behalf or on behalf of the entityyou represent if you are entering into these Terms for an entity and agree that you, or such entity,as applicable, are legally bound by these Terms. If you do not agree to these Terms, please do notvisit, access, use, or otherwise interact with the Services.
3. Access
Subject to and conditioned on your payment of any applicable fees and compliance with all other terms andconditions of these Terms, the Company hereby grants you a limited, non-exclusive, non-transferable(except in compliance with Section 27) right to access and use the Services, solely for your personal orinternal business operations by you and your employees, consultants, contractors, and agents
(i) Who areauthorized by you to access and use the Services under the rights granted to you under these Terms
(ii) For whom access to the Services has been purchased hereunder (“Authorized Users”). The Companywill provide you the necessary passwords and access credentials to allow you access to the Services.
The Company reserves all rights not expressly granted to you in these Terms. Except for the limited rightsand licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver,estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest.
You are responsible and liable for all uses of the Services resulting from access provided by you, directlyor indirectly, whether that access or use is permitted by or in violation of these Terms. Without limiting thegenerality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any actor omission by an Authorized User that would constitute a breach of these Terms if taken by you will bedeemed a breach of these Terms by you. You shall use reasonable efforts to make all Authorized Usersaware of the provisions in these Terms as applicable to such Authorized User’s use of the Services andshall cause Authorized Users to comply with such provisions.
Certain portions of the Services require you to set up an account, including providing certain registrationdetails and creating login information such as a unique username and password. It is a condition of youruse of the Services that all information you provide on the Services is correct, current, and complete. Bysetting up an account, you expressly agree to (a) keep all usernames, passwords, and other account orlogin information confidential; (b) supervise and be responsible for any activity that occurs through youraccount; and (c) contact us promptly if you believe that an unauthorized person has access to your accountor login information.
4. Subscriptions
When purchasing a subscription for the Services, you may be presented with different plans or optionswhich may be subject to differences in pricing, usage rules, restrictions, and features. This may include acustom plan governed by a mutually agreed upon order form. If we give you the option to divide paymentsover multiple payment periods, you commit to the purchase of the subscription term related to the selectedsubscription.
You agree to pay the applicable fees as set forth at the time of purchase as they become due. If you fail tomake any payment when due, without limiting the Company’s other rights and remedies: (i) the Companymay charge interest on the past due amount at the rate of 1.5% per month calculated daily and compoundedmonthly or, if lower, the highest rate permitted under applicable law; (ii) you shall reimburse the Companyfor all costs incurred by the Company in collecting any late payments or interest, including attorneys’ fees,court costs, and collection agency fees; and (iii) if the failure continues for thirty (30) days or more, theCompany may suspend your access to any portion or all of the Services until such amounts are paid in full.All fees and other amounts payable under these Terms are exclusive of taxes and similar assessments.You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and chargesof any kind imposed by any federal, state, or local governmental or regulatory authority on any amountspayable by you hereunder, other than any taxes imposed on the Company’s income.
YOUR SUBSCRIPTION INCLUDES ENROLLMENT INTO AN ONGOING/RECURRING PAYMENTPLAN.2 YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE CHOSENSUBSCRIPTION PERIOD FOR SUBSEQUENT PERIODS OF EQUAL LENGTH (FOR EXAMPLE,MONTHLY OR ANNUALLY) AT THE END OF THE BILLING PERIOD AT THE THEN-CURRENTSUBSCRIPTION FEE, UNLESS CANCELLED IN ACCORDANCE WITH THE INSTRUCTIONS FORCANCELLATION BELOW. PAYMENT WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD AT CONFIRMATION OF PURCHASE AND AT THE START OF EVERY NEW BILLING PERIOD,UNLESS CANCELLED, IN ACCORDANCE WITH THESE TERMS.
When you provide a payment method, we may attempt to verify the information you entered by processingan authorization hold. We do not charge you in connection with this authorization hold, but your availablebalance or credit limit may be reduced.
Your “billing period” is the interval of time between each recurring billing date and corresponds to the termof your subscription. If you change your subscription or obtain certain other offerings, such as one-timeadd-ons, we may prorate your charges accordingly during the applicable billing period. To see your nextrecurring billing date, log in to your account and view your account details.3
YOUR SUBSCRIPTION MAY INCLUDE A FREE TRIAL. AVAILABILITY OF A FREE TRIAL IS NOTGUARANTEED AND, IF ONE IS AVAILABLE, IS ONLY AVAILABLE ON THE SPECIFIED TERMS OFTHE FREE TRIAL. ELIGIBILITY FOR FREE TRIALS MAY VARY BASED ON FACTORS INCLUDINGTHE SELECTED SUBSCRIPTION AND WHETHER YOU HAVE PREVIOUSLY USED A FREE TRIAL.CERTAIN LIMITATIONS MAY ALSO EXIST WITH RESPECT TO COMBINING FREE TRIALS WITH ANYOTHER OFFERS. YOUR FIRST PAYMENT WILL BE CHARGED TO YOUR CHOSEN PAYMENTMETHOD IMMEDIATELY FOLLOWING THE FREE TRIAL, UNLESS CANCELLED IN ACCORDANCEWITH THE INSTRUCTIONS FOR CANCELLATION BELOW. YOU CAN CANCEL YOURSUBSCRIPTION AT ANY TIME BEFORE THE END OF YOUR FREE TRIAL. WE PROVIDE NOTICE OFTHE TERMS OF THE FREE TRIAL AT THE TIME YOU REGISTER, AND YOU MAY NOT RECEIVE ASEPARATE NOTICE THAT YOUR FREE TRIAL IS ABOUT TO END OR HAS ENDED, OR THAT YOURPAID SUBSCRIPTION HAS BEGUN, UNLESS EXPRESSLY REQUIRED BY STATUTE ORREGULATION IN PARTICULAR JURISDICTIONS OR INSTANCES.
WE MAY ALSO OFFER, IN OUR SOLE DISCRETION, DISCOUNTS OR OTHER PROMOTIONSSUBJECT TO PROMOTIONAL TERMS DISCLOSED DURING YOUR REGISTRATION OR IN OTHERMATERIALS PROVIDED TO YOU. WE WILL BEGIN BILLING YOUR CHOSEN PAYMENT METHOD ATTHE THEN-CURRENT, NON-PROMOTIONAL PRICE AFTER YOUR PROMOTION ENDS, UNLESSYOU CANCEL PRIOR TO THE END OF YOUR PROMOTION OR UNLESS OTHERWISE DISCLOSED.4
We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you inadvance. If you do not wish to accept a price change, you may cancel your subscription in accordance withthe instructions included in that email and below. If you do not timely cancel your subscription, yoursubscription will be renewed at the price in effect at the time of the renewal, without any additional actionby you, and you authorize us to charge your payment method for these amounts. We will not be able tonotify you of any changes in applicable taxes.
YOU CAN CANCEL YOUR SUBSCRIPTION [AT ANY TIME]5 PRIOR TO THE END OF THE THENCURRENT SUBSCRIPTION PERIOD, TRIAL PERIOD, OR PROMOTIONAL PERIOD (ASAPPLICABLE). CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENTSUBSCRIPTION PERIOD UNLESS OTHERWISE DISCLOSED. IF YOU CANCEL, YOU WILLCONTINUE TO HAVE ACCESS TO THE SERVICES THROUGH THE END OF YOUR CURRENTSUBSCRIPTION PERIOD. WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED SUBSCRIPTIONPERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASEBASIS IN OUR SOLE AND ABSOLUTE DISCRETION. TO CANCEL YOUR SUBSCRIPTION TO THE SERVICES, LOG INTO YOUR ACCOUNT, AND FOLLOW THE INSTRUCTIONS ON YOUR ACCOUNTPAGE.
If you purchase any add-ons with your subscription, they will be subject to the terms specified on yourpurchase order or order form, statement of work, or quote. You agree to pay the applicable fees as set forthat the time of purchase as they become due plus all related taxes, and to reimburse us for all collectioncosts and interest for any overdue amounts.\
5. Fee
To the extent the Services or any portion thereof is made available for any fee, you will be required toselect a payment plan and provide the Company information regarding your credit card or other paymentinstrument. Unless otherwise stated, any fees are quoted in local currency. You represent and warrant tothe Company that such information is true and that you are authorized to use the payment instrument.You will promptly update your account information with any changes (for example, a change in your billingaddress or credit card expiration date) that may occur. You agree to pay the Company the amount that isspecified in the payment plan (as well as any applicable taxes) in accordance with the terms of such planand these Terms. You hereby authorize the Company to bill your payment instrument in accordance withthe terms of the applicable payment plan (as well as any applicable taxes), and you further agree to payany charges so incurred. If you dispute any charges, you must let the Company know within sixty (60)days after the date that you are charged. You will be responsible for all taxes associated with theServices other than US taxes based on the Company’s net income.
6. No Refunds
All payments are nonrefundable, and there are no refunds or credits for partially used subscription periods.Following any cancellation, however, you will continue to have access to the service through the end ofyour current billing period. At any time, and for any reason, we may provide a refund, discount, or otherconsideration (“Credits”). The amount and form of such Credits, and the decision to provide them, are atthe Company’s sole and absolute discretion. The provision of Credits in one instance does not entitle youto Credits in the future for similar instances, nor does it obligate the Company to provide Credits in thefuture, under any circumstance.
7. Events
The Company, in its sole discretion, reserves the right to change any and all aspects of events, seminars,virtual events, conferences, in-person training sessions, and webinars (collectively, “Event”), including butnot limited to, the name, themes, content, program, speakers, performers, hosts, moderators, venue, andtime. Content may be recorded and distributed or made available to participants following the Event at theCompany’s sole discretion, however, this is not guaranteed.
By registering for an Event, you agree not to sell, trade, transfer, or share your access link and/or code tothe Event, unless such transfer is granted by the Company. If the Company determines that you have violated this policy, the Company may cancel your access, retain any payments made by you, report youto law enforcement authorities, and ban you from future Events
You acknowledge and agree that the Company reserves the right to remove you from an Event if in its solediscretion, it determines that your participation or behavior creates a disruption, hinders the Event or theenjoyment of the Event by other attendees, or otherwise violates these Terms.
8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms, and you shallnot use the Services for any purposes beyond the scope of access granted in these Terms. You shall notat any time, directly or indirectly, (i) copy, modify, or create derivative works of the Services, in whole or inpart; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise makeavailable the Services; (iii) reverse engineer, disassemble, decompile, decode, or duplicate the Services,or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights andparameters, or other underlying component of the Services, in whole or in part; (iv) use web scraping,web harvesting, web data extraction or any other method to extract data from the Services; or (v) removeany proprietary notices from the Services.
The Services may not be used for unlawful, fraudulent, offensive, or obscene activity, as further describedand set out below. You shall comply with all terms and conditions of these Terms, all applicable laws,rules, and regulations, and all guidelines, standards, requirements, and policies that may be provided toyou. Without limiting the foregoing, you agree not to use the Services to:
- Access or attempt to access data not meant for you, or intercept or attempt to intercept electronicmail or other forms of electronic communication not intended for you.
- Invade the privacy of, obtain the identity of, or obtain any personal information about any otheruser of our Services.
- Communicate with us or upload to the Servicesany deceptive, fraudulent, defamatory, indecent,obscene, harassing, violent, or otherwise harmful or objectionable material, or any material thatcontains nudity, sexually explicit or pornographic material, violence, or discrimination based onrace, gender, sex, sexual orientation, religion, nationality, disability, or age.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, orannoy any other person.
- Violate any applicable federal, state, local or international law or regulation, or violate the legalrights (including intellectual property rights or the rights of publicity and privacy) of others.
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriatecontent, asking for personal information, or otherwise.
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junkmail,” “chain letter,” “spam,” or any similar solicitation, or other commercial activities or sales,such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Impersonate or attempt to impersonate us, our employees, another user, or any other person orentity (including, without limitation, by using email addresses associated with any of theforegoing), or to misrepresent an affiliation with any person or organization.
- Collect information about others (including email addresses) without their consent.
- Violate these Terms or any other policies or agreements that you enter into with us.
- Engage in any other conduct that restricts or inhibits use of the Services, or which, as determinedby us in our sole discretion, may harm the Company or users of the Services.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Servicesor interfere with any other party's use of the Services, including their ability to engage in real timeactivities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services forany purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any otherpurpose not expressly authorized in these Terms, without our prior written consent.
- Probe, scan, or test the vulnerability of our Services, our network, our security, or authenticationmeasures without proper authorization.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of theServices, the server on which the Services are stored, or any server, computer, or databaseconnected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
We may monitor your use of the Services to evaluate your compliance with these Terms and toinvestigate any suspected or reported violation by you. Any violation of this section constitutes a materialbreach of the Agreement. In addition to our rights under these Terms, if we, in our sole discretion,determine that you have violated this section, we may terminate or suspend your access to all or part ofthe Services and take appropriate legal action, including without limitation, referral to law enforcement orany authority, for any illegal or unauthorized use of the Services.
Your failure to comply with the above provisions may result in the termination of your access to theServices and may expose you to civil and/or criminal liability. We reserve the right to take appropriatelegal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use ofthe Services, and to terminate or suspend your access to all or part of the Services for any or no reason,including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities orcourt order requesting or directing us to disclose the identity or other information of anyone using theServices. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIRSERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OFTHE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BYEITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms, and you shallnot use the Services for any purposes beyond the scope of access granted in these Terms. You shall notat any time, directly or indirectly, (i) copy, modify, or create derivative works of the Services, in whole or inpart; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise makeavailable the Services; (iii) reverse engineer, disassemble, decompile, decode, or duplicate the Services,or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights andparameters, or other underlying component of the Services, in whole or in part; (iv) use web scraping,web harvesting, web data extraction or any other method to extract data from the Services; or (v) removeany proprietary notices from the Services.
The Services may not be used for unlawful, fraudulent, offensive, or obscene activity, as further describedand set out below. You shall comply with all terms and conditions of these Terms, all applicable laws,rules, and regulations, and all guidelines, standards, requirements, and policies that may be provided toyou. Without limiting the foregoing, you agree not to use the Services to:
- Access or attempt to access data not meant for you, or intercept or attempt to intercept electronicmail or other forms of electronic communication not intended for you.
- Invade the privacy of, obtain the identity of, or obtain any personal information about any otheruser of our Services.
- Communicate with us or upload to the Servicesany deceptive, fraudulent, defamatory, indecent,obscene, harassing, violent, or otherwise harmful or objectionable material, or any material thatcontains nudity, sexually explicit or pornographic material, violence, or discrimination based onrace, gender, sex, sexual orientation, religion, nationality, disability, or age.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, orannoy any other person.
- Violate any applicable federal, state, local or international law or regulation, or violate the legalrights (including intellectual property rights or the rights of publicity and privacy) of others.
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriatecontent, asking for personal information, or otherwise
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junkmail,” “chain letter,” “spam,” or any similar solicitation, or other commercial activities or sales,such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Impersonate or attempt to impersonate us, our employees, another user, or any other person orentity (including, without limitation, by using email addresses associated with any of theforegoing), or to misrepresent an affiliation with any person or organization.
- Collect information about others (including email addresses) without their consent.
- Violate these Terms or any other policies or agreements that you enter into with us.
- Engage in any other conduct that restricts or inhibits use of the Services, or which, as determinedby us in our sole discretion, may harm the Company or users of the Services.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Servicesor interfere with any other party's use of the Services, including their ability to engage in real timeactivities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services forany purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any otherpurpose not expressly authorized in these Terms, without our prior written consent.
- Probe, scan, or test the vulnerability of our Services, our network, our security, or authenticationmeasures without proper authorization.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that ismalicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of theServices, the server on which the Services are stored, or any server, computer, or databaseconnected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
We may monitor your use of the Services to evaluate your compliance with these Terms and toinvestigate any suspected or reported violation by you. Any violation of this section constitutes a materialbreach of the Agreement. In addition to our rights under these Terms, if we, in our sole discretion,determine that you have violated this section, we may terminate or suspend your access to all or part ofthe Services and take appropriate legal action, including without limitation, referral to law enforcement orany authority, for any illegal or unauthorized use of the Services.
Your failure to comply with the above provisions may result in the termination of your access to theServices and may expose you to civil and/or criminal liability. We reserve the right to take appropriatelegal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use ofthe Services, and to terminate or suspend your access to all or part of the Services for any or no reason,including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities orcourt order requesting or directing us to disclose the identity or other information of anyone using theServices. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIRSERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OFTHE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BYEITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. User Contributions
The Services may contain chat functions, message boards, personal profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with the standards set out in these Terms.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. The Company reserves the right to pre-screen, refuse, and/or delete any User Contributions. In addition, we reserve the right to remove and/or delete any User Contributions that would violate the Terms or which would otherwise be considered offensive to other users. However, we cannot review all material before it is posted on the Services, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to you or any third party for performance or nonperformance of the activities described herein.
10. Linking to the Services and Social Media Features
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Services;
- Send emails or other communications with certain content, or links to certain content, on the Services.
- Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
11. Confidential Information
From time to time, each party may disclose or make available to the other information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party without reference to the other party's Confidential Information. The receiving party shall not disclose the disclosing party's Confidential Information to any person or entity, except to the receiving party's employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations under these Terms and who are required to protect the Confidential Information in a manner no less stringent than required under these Terms. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under these Terms, including to make required court filings. Each party's obligations of non-disclosure regarding Confidential Information are effective as of the date the Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, for any Confidential Information that constitutes a trade secret (as determined under applicable law), those obligations of non-disclosure will survive the termination or expiration of these Terms for as long as the Confidential Information remains subject to trade secret protection under applicable law.
12. Privacy Policy
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. Aggregated Statistics
We may monitor use of the Services and collect and compile data and information related to use of the Services to be used in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregated Statistics"). As between you and the Company, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by the Company. You agree that the Company may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under applicable law.
14. Intellectual Property Rights
The Services and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal or internal business use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Services, except as follows:
- Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal or internal business use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not modify copies of any materials from the Services or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Except as expressly provided, nothing contained in these Terms or anywhere on the Services shall be construed as conferring any license under any intellectual property rights of the Company, its licensors, or any third party.
Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) your electronic or physical signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you, such as your address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the DMCA Notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Abbracci Group, LLC1443 E Washington Blvd #131, Pasadena, CA 91104Phone: 262-370-7170Email: kelly.guenther@abbraccigroup.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or had access disabled; (c) adequate information by which we can contact you, such as your address, telephone number, and email address; (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
15. Feedback
The Company may provide an area for you to submit feedback on the Services. When you submit ideas, documents, suggestions, and/or proposals ("Feedback"), you acknowledge and agree that your Feedback does not contain any type of confidential or proprietary information. The Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback. The Company shall be entitled to make use of and/or disclose any such Feedback in any such manner as it may see fit. The Feedback shall automatically become the sole property of the Company and the Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
16. Consent to Electronic Communications
When you visit or use the Services, submit a contact request, request maintenance or other services, send an email to us, or otherwise communicate with us through the Services or electronically, you expressly grant the Company, its affiliates, or its third-party service providers the right to communicate with you electronically and consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication. This includes, but is not limited to, posting notices on the Services or responding to your email. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Company reserves the right, in its sole discretion, to communicate with you in paper form. You may withdraw your consent to electronic communications by contacting us as provided in Section 28 (How to Contact Us).
By providing your information or creating an account, you agree that the Company may contact you by email, direct mail, telephone, or text message at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with your account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchase. You may opt out of receiving emails, telephone calls, or text messages, by contacting us at any time.
If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.
17. Third-Party Apps or Websites
While using the Services, you may access third-party apps or websites through search results displayed on or through the Services and links contained on the Services. Such third-party apps or websites are not under our control, and we are not responsible for the availability of such apps or websites or their contents. Any links provided on the Services are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of any such linked app or website. You acknowledge that the use of such third-party app or website is governed by the terms and conditions applicable to any such app or website, and if you decide to access any such third-party app or website, you do so entirely at your own risk and subject to the terms and conditions of use for each such app or website.
18. Availability
We may periodically schedule system downtime for maintenance and other purposes, and the Services may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Services, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
We reserve the right to terminate, withdraw or amend the Services or any portion thereof, including any product, service, or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to the Services altogether.
19. Errors
We attempt to provide the most recent, accurate, and reliable information on our Services. However, there may be occasions when information featured on our Services may contain typographical errors, incomplete data, inaccuracies, or items featured on the Services that are no longer available. We do not warrant that the information accessible via the Services is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected on the Services. We reserve the right to correct errors and to update the Services at any time, but we are under no obligation to update the Services or any related content.
20. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.
The Company does not assume any liability for the materials, information, opinions, and other related content provided on, or available through, the Services. Reliance on the Services or any related content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from use of the Services, any portion of the Services, or the related content.
YOUR USE OF THE SERVICES, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ANY RELATED CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO THE COMPANY UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees arising out of or relating to (i) your access, use, or misuse of the Services; (ii) your User Contributions; (iii) your violation of these Terms; (iv) the actual or alleged infringement of any of our or any third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Services in any manner not authorized by us; or (v) your negligent or fraudulent conduct. This includes, but is not limited to, any use of the content, products, and services on the Services other than as expressly authorized in these Terms.
23. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Suspension; Termination
Notwithstanding anything to the contrary in these Terms, the Company may temporarily suspend your access to any portion or all of the Services if: (i) the Company reasonably determines that (A) there is a threat or attack on the Services; (B) your use of the Services disrupts or poses a security risk to the Services, to the Company, or to any other customer or vendor of the Company; (C) you are using the Services for fraudulent or illegal activities; (D) the Company's provision of the Services is prohibited by applicable law; or (E) you are using the Services in material violation of these Terms; (ii) any vendor of the Company has suspended or terminated the Company's access to or use of any third-party services or products required to enable access to or use of the Services; or (iii) in accordance with Section 4 (any such suspension a "Service Suspension"). The Company shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the Services following any Service Suspension. The Company shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Services Suspension is cured. The Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension.
Your failure to comply with these Terms automatically revokes your authorization to use the Services and terminates all rights granted to you under these Terms. In addition to any other express termination right set out in these Terms, the Company may terminate these Terms for any reason upon thirty (30) days' advance notice. Either party may terminate these Terms, effective on written notice to the other party, if the other party materially breaches these Terms, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching party provides the breaching party with written notice of such breach. Either party may terminate these Terms, effective immediately upon written notice to the other party, if the other party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
Upon expiration or termination of these Terms, you shall immediately discontinue use of the Services. No expiration or termination of these Terms will affect your obligation to pay all fees that may have become due before that expiration or termination, or entitle you to any refund. Your obligations to the Company and its affiliates and third-party service providers relating to your use of the Services prior to termination shall continue after termination. This Section 24 and any provisions of these Terms regarding the content restrictions and limitations, disclaimers, indemnification, liability limitations, and any right, obligation, or required performance of the parties in these Terms which, by its express terms or nature and context is intended to survive termination of these Terms, will survive termination of these Terms for any reason.
25. Changes
We reserve the right to change these Terms in our sole discretion without advance notice. Changes to these Terms become effective on the date when the updated Terms are published on the Services. Your continued use of the Services after we revise the Terms means you accept such revisions with the date of update noted above and agree to abide and be bound by the most recent version of the Terms, so please check this page periodically for updates.
26. Export Regulation
The Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the software or technology included in the Services available outside of the US.
27. Miscellaneous
These Terms constitute the entire agreement between you and the Company with respect to our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Services. No amendment to or modification of these Terms is effective unless it is in writing and signed by an authorized representative of the Company. No failure on the part of the Company to exercise and no delay in exercising any right under these Terms shall operate as a waiver of such right. If any provision contained in these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.
Except as expressly set forth herein, in the event of a conflict between these Terms and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.
All matters relating to the Services or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Any notices to us must be sent to us at Abbracci Group, 1443 E Washington Blvd, #131 Pasadena, CA 91104 and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us.
Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
28. How to Contact Us
If you have any feedback, comments, questions, or requests for technical support relating to the Services, you may contact us:
- Via email at hello@abbraccigroup.com
- Via phone at 262-370-7170; or
- Via mail at Abbracci Group, 1443 E Washington Blvd #131, Pasadena, CA 91104.
