Terms and Conditions
Terms and Conditions
BY ACCESSING, VIEWING OR USING THE ABACUS ROAD®, LLC SITES (“the Sites”), OR ANY PORTION THEREOF, YOU AGREE TO THE TERMS OF THIS LICENSE AGREEMENT ("Agreement"). YOUR CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT ARE A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS OR USE THE SITES, OR ANY PORTIONS THEREOF. THERE IS A SEPARATE LICENSE AGREEMENT FOR THE BOOK, “MARKET BUBBLES, ABACUS ROAD® & THE FIGHT FOR THE AMERICAN DREAM (“the Work”). IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND THAT LICENSE AGREEMENT RELATING TO THE WORK, THE LATTER SHALL CONTROL. IF YOU DO NOT DESIRE TO ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT ACCESS, VIEW OR USE THE SITES AND EXIT NOW.
1. Sites License. In consideration of your accessing the Sites, whether or not you purchase the Work, your compliance with the terms of this Agreement is a condition precedent to our license grant. We grant you a non-exclusive, non-transferrable and limited license to access and use, and to reproduce insignificant portions of the Sites, only for your internal business or use in reports to clients in the normal course of your business, or your personal use, limited to a home, business and/or travel computer, and subject to all terms and conditions of this Agreement. You specifically may not provide access to the Sites, or any portions thereof, either directly or indirectly, to any third party. In addition, unless you have contracted for a network license, you may not place the Sites, or any portions thereof, on a local or wide area network, gateway, or provide to third parties any other means of internal or external access whatsoever. Except as expressly permitted herein, you may not copy, reproduce, rent, lease, sell, modify, alter, commercially exploit, transmit, distribute, reverse engineer, create any derivative works or maintain any archive of the Sites, or any portions thereof.
2. Proprietary Rights. You agree that we own all right, title and interest (including all copyrights, trademarks, service marks and other intellectual property rights) in and to the Sites. You agree to ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Sites, or any portions thereof, shall remain intact and clearly legible on any copy of the Sites’ content. We make no intellectual property claim to any U.S. government works included in the Sites.
3. Warranty Disclaimer. THE SITES, AND ANY PORTIONS THEREOF, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. ROBERT CASTRO’S EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONTRIBUTORS AND ANY THIRD PARTY PROVIDERS (THE "CASTRO RELATED PARTIES") DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS CONCERNING THE SITES, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR FUNCTIONALITY OF THE SITES. MOREOVER, ROBERT CASTRO AND THE CASTRO RELATED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SITES. ROBERT CASTRO AND THE CASTRO RELATED PARTIES ALSO DO NOT WARRANT THE SITES TO BE FREE OF ANY ERROR OR DEFECT. YOU: (1) ASSUME THE ENTIRE RISK AS TO THE SUITABILITY, USE, RESULTS OF USE, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENTNESS AND PERFORMANCE OF THE SITES; (2) WAIVE ANY CLAIM OF DETRIMENTAL RELIANCE UPON THE SITES; AND (3) AGREE TO INDEPENDENTLY VERIFY, THROUGH OTHER SOURCES, THE ACCURACY, COMPLETENESS AND CURRENTNESS OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES SPECIFICALLY WAIVE ANY AND ALL RIGHTS UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA'').
4. Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY, AND ROBERT CASTRO’S AND THE CASTRO RELATED PARTIES' ENTIRE LIABILITY, SHALL BE A REFUND OF THE PURCHASE PRICE OF THE WORK. IN NO EVENT SHALL ROBERT CASTRO AND/OR THE CASTRO RELATED PARTIES HAVE ANY LIABILITY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF ANY INACCURACY OR DEFECT IN THE SITES, OR ANY PORTIONS THEREOF, OR YOUR USE OF OR INABILITY TO USE ANY PORTION OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ROBERT CASTRO OR THE CASTRO RELATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER.
5. No Third Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.
6. No Refunds. Because of the nature and value of the Work, once a copy is successfully downloaded, there are no refunds of the purchase price. For technical problems downloading the Work, visit our FAQ page, www.abacusroad.com/faq. If you continue to have problems, contact us at support@abacusroad.com.
7. Termination. This Agreement is effective until terminated. To terminate an Agreement, you must provide us with written notice of your termination. We may also terminate your license if you breach any terms of conditions of this Agreement. Upon termination of this Agreement by either party for any reason, you shall delete any copies made of the Work, or other portions of the Site, and provide us with an affidavit that this has been done. The provisions of Sections 1 through 9.7 of this Agreement shall survive any termination of this Agreement.
8. Linking. You may link to the sites, except through the process of framing or other distortion or obscuring of our content, branding or other intellectual property information. WE ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITES, INCLUDING CONTENTS THAT ARE REFERENCED BY OR LINKED TO THIRD PARTY SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENTS OF OUR SITES OR ANY THIRD PARTY SITES.
9. GENERAL
9.1 Governing Law & Forum. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA AND THE UNITED STATES, EXCLUDING LAWS RELATING TO CONFLICT OF LAWS. YOU IRREVOCABLY AGREE THAT ANY ACTION BY YOU HEREUNDER SHALL BE INITIATED AND MAINTAINED IN THE RELEVANT FEDERAL OR STATE COURTS IN THE DISTRICT OF COLUMBIA, AND YOU HEREBY SUBMIT TO PERSONAL JURISDICTION IN SUCH FORUM IN ANY ACTION BROUGHT BY ROBERT CASTRO AND/OR THE CASTRO RELATED PARTIES. ANY ACTION BY YOU RELATING TO THE SITES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.
9.2 Injunctive Relief. You agree that legal remedies alone provide inadequate protection of the Sites, their contents, and the intellectual property rights embodied therein, and that in addition to other relief, Robert Castro and/or the Castro Related Parties may seek temporary or permanent injunctions to enforce their rights, and you hereby waive the requirement of any bond.
9.3 Evidence. This document and your completion of the authorization process to access and/or use the sites or purchase the Work constitutes your original signature in electronic form, and shall be considered an original document with authenticated signature admissible into evidence.
9.4 Changes. We reserve the right to modify the provisions of this Agreement by posting a revised version of this Agreement on the Sites with a prominent indicator showing that the Agreement has been changed. Any modified Agreement shall be effective from the date such Agreement is posted, and you accept the modified terms by continued use after the revised agreement is posted.
9.5 Severability. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement on future occasions. Headings and subheadings are for purposes of reference and convenience and have no substantive effect.
9.6 Export & Government Rights. You may not export or re-export the Sites, or any portions thereof. If the user is the United States Government or any agency thereof, the following additional terms apply: Restricted Computer Software, as defined in the Rights in Data- General clause at FAR 52.227-14, and as applicable:
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
9.7 Entire Agreement. This Agreement: (1) constitutes the complete and exclusive agreement among the parties with respect to use of the Sites, or any portion thereof; and (2) supersedes all other communications, representations, statements and understandings, whether oral or written, among the parties concerning its subject matter.