ABOVO42 TERMS OF SERVICE
Effective: September 26, 2015.
Abovo42 Corporation (“Abovo42”, “we”, “us”, “our”) offers a service on our Website that converts any email message into a publicly accessible webpage (together, the "Service”) that may be shared from the Website via hyperlink or by using the Facebook, Twitter and LinkedIn widgets on the Website.
NOTICE: MATERIALS POSTED TO ABOVO42 ARE PUBLICLY DISPLAYED ON THE ABOVO42 WEBSITE, AND MAY BE POSTED TO OTHER WEBSITES AND IN SOCIAL MEDIA BY YOU OR OTHER USERS. THIS MEANS THAT OTHER USERS MAY SEARCH FOR, SEE, USE, OR SHARE MATERIALS THAT YOU SEND TO US.
ARBITRATION NOTIFICATION: These Terms of Service provide that all disputes will be resolved by binding arbitration and not in court or by jury trial. You also agree to relinquish your right to participate as a class representative or class member on any class action claim you may have against Abovo42, see Dispute Resolution Section 5.0.
Click on the links below to jump to each section of these Terms of Service:
I. BASIC TERMS
II. GENERAL TERMS
III.9 COPYRIGHT INFRINGEMENT CLAIMS
IV. DISPUTE RESOLUTION
I. BASIC TERMS
1.0 You must 18 or older to use the Service.
1.1 You agree that you are responsible for all materials that you send to Abovo42.
1.2 You must not email violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content to Abovo42.
1.3 You must not send any email to Abovo42 that may defame, libel, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; and you shall not email private or confidential information to Abovo42, including, without limitation, your or any other person's credit card information, financial account information, social security number, other national identity numbers, or private phone numbers and private email addresses that do not belong to you.
1.4 You must not falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of content or other meta-data contained in an email sent to Abovo42.
1.5 You will not harvest or otherwise collect information about other users, including email addresses or operate links contained in other users’ posted emails to gain entry to other users’ personal accounts.
1.6 You must not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
1.7 You must not use the Service in any manner that could create a risk to a person’s safety or health, that creates a risk to public safety or health, compromises national security, or that interferes with an investigation by law enforcement.
1.8 You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
1.9 You must not violate any code of conduct or other guidelines which may be applicable to the Service.
1.10 You must not violate any applicable laws or regulations, including any intellectual property laws or regulations, or violate these Terms of Service.
1.11 You must not send any emails to Abovo42 that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or of Abovo42’s server.
1.12 Do not send emails to Abovo42 through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper to collect and send third party emails.
1.13 You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other Abovo42 terms.
1.14 Violation of these Terms of Service may, in Abovo42's sole discretion, result in your email address, IP address and mobile device identifier being blocked from the Abovo42 website. You understand and agree that Abovo42 cannot and will not be responsible for content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Abovo42, we can stop providing all or part of the Service to you.
II. GENERAL TERMS
2.0 We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we block your email address, we may remove your emails, photos, videos, documents, page views, and all other pages will no longer be accessible under your email address (e.g., users will not be able to navigate to your pages and view your materials), but those materials and data may persist and appear within the Service (e.g., if your content was cached).
2.1 Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
2.2 You are responsible for regularly reviewing these Terms of Service. Abovo42 has the right, but not the obligation, to correct any errors or omissions in any portion of the Service and these Terms of Service. Abovo42 reserves the right, in its sole discretion, to change, modify, add, remove, or terminate any portion of the Service or these Terms of Service, in whole or in part, at any time, without prior notice. All changes to these Terms of Service are effective immediately upon being posted to the Service. Your continued use of the Service following any changes to these Terms of Service will mean you accept these changes.
2.3 We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.4 We may, but have no obligation to, remove, edit, block, and/or monitor emails or posted emails that contain content that we determine in our sole discretion violates these Terms of Service.
2.5 You are solely responsible for your interactions with third, whether online or offline. You agree that Abovo42 is not responsible or liable for the conduct of any user. Abovo42 reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you email content or any personal or other information to Abovo42.
2.7 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share content from the Service or your content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Abovo42 does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Abovo42 is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to provide information about your content on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Abovo42 has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Abovo42 Entities (defined below) harmless for activity related to the Application.
2.8 You agree that you are responsible for all data charges you incur through use of the Service.
2.9 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, email addresses and email content (except as may be the result of standard search engine protocols or technologies used by a search engine with Abovo42's express consent).
2.10 The Service may contain links or references to other parties' Services, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside Services (which Services are not part of the Service), and Abovo42 expressly disclaims any and all liability related to such Services and Services relating thereto. Abovo42 does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked Services or any link contained in a linked Service. We encourage our users to consider this if they decide to visit such outside Services and to read the applicable privacy policies and terms of service of each such Service.
2.11 Abovo42 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Abovo42’s sole discretion.
3.0 YOU UNDERSTAND AND AGREE THAT MATERIALS YOU EMAIL TO ABOVO42 ARE DISPLAYED PUBLICLY ON THE ABOVO42 WEBSITE. By emailing your Materials to Abovo42 and in consideration of your use of the Services, you hereby waive all rights to any claim against Abovo42 Entities (defined below) and any Service users for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials.
3.1 Abovo42 does not claim ownership of any data, information (personal or otherwise), correspondence, images, video, or other materials that you email to the Service (collectively, "Materials"). By emailing Materials to Abovo42, you are granting Abovo42, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to the Materials for use for any purpose, and you confirm that the Materials are non-confidential and non-proprietary.
3.2 If the nature of your Materials are comments, bug reports, feedback, or modifications sent to Abovo42, regarding the Abovo42 website, the Service, or the goods and/or services provided through the Service (collectively, “Feedback”), then you also grant Abovo42 the right to use such Feedback at Abovo42’s discretion, including but not limited to incorporating such Feedback into the Service and the right to assign, license or otherwise use such Feedback. You hereby grant Abovo42 a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials.
3.3 You are solely responsible for your Materials and the consequences of transmitting the Materials. Abovo42 has no obligation to monitor you or any other user’s use of the Service or to remove any Materials that violate these Terms of Service. Abovo42 reserves the right to review and monitor your use of the Service, including without limitation your Materials, and to remove any Materials that Abovo42 believes in its sole discretion violate these Terms of Service. Abovo42 reserves the right to block your email address, IP address, and/or mobile identifier, at any time without notice if we believe you have violated these Terms of Service or are likely to violate these Terms of Service. Your sole remedy against Abovo42 in the event of a dispute arising out of these Terms of Service, the Service or your use of the Service, is to terminate these Terms of Service by ceasing your use of the Service. In the event of termination of these Terms of Service, Abovo42 may delete and/or store, in its discretion, Materials and data associated with your use of the Service. Abovo42 may also change, suspend, or discontinue any aspect of the publicly available portion of the Service at any time, including the availability of any Service feature, database, or content.
3.5 The Service may display advertisements and promotions and you hereby agree that such advertising and promotions may be displayed next to your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3.6 The Service and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Service (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Service and all Content is the property of Abovo42 and/or third party licensors, and all right, title and interest in and to the Service and Content will remain with Abovo42 or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Service or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Service or any Service content. You may only use the Service and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Service or Service content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Abovo42 and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
3.7 You acknowledge that by use of portions of the Service, you may use and you may acquire Abovo42 Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of Abovo42, whether or not memorialized, and in any form or media, regarding Abovo42 or Abovo42’s business, including without limitation those relating to Abovo42’s intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that Abovo42 is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any Abovo42 company passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. Abovo42 may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify Abovo42 immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to Abovo42.
3.8 You shall notify Abovo42 immediately of any unauthorized use or threat of unauthorized use of the Service or emails from you or Abovo42, or any other breach or potential breach of security known to you with respect to the Service and will cooperate with Abovo42 in every reasonable way to help Abovo42 prevent the further unauthorized use, threat of unauthorized use of the Service and your email. You agree that immediately upon termination of your right to use the Service, or upon any earlier demand by Abovo42 at any time, you will cease all access and/or use of the Service and will not attempt to access and/or use same.
3.9 Copyright Infringement Claims. Abovo42 respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Abovo42’s Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that Service; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
3.10 Copyright Agent. Pursuant to the DMCA, written notification of claimed copyright infringement must be emailed to Abovo42 Designated Copyright Agent using the following contact information:
ABOVO42 DESIGNATED COPYRIGHT AGENT CONTACT INFO:
Postal Address: Abovo42 Designated Copyright Agent
1500 Whetstone Way, Suite 102
Baltimore, MD 21230-5148
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
IV. DISCLAIMER OF LIABILITY; INDEMNIFICATION
4.0 DISCLAIMER OF LIABILITY. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EFFORTS BY ABOVO42 TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SERVICE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH THE SERVICE, IS PROVIDED "AS IS," AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ABOVO42’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.IN NO EVENT SHALL ABOVO42 AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH ABOVO42, THE “ABOVO42 ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF ABOVO42 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ABOVO42’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF ABOVO42 ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
4.1 Indemnification. You will indemnify, defend (or settle) and hold harmless Abovo42 Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Abovo42 Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Service, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Service, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Abovo42, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Abovo42 Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Abovo42 Entities pursuant to this Section.
V. DISPUTE RESOLUTION
5.0 MANDATORY BINDING ARBITRATION. YOU AND ABOVO42 EACH AGREE TO SUBMIT TO BINDING ARBITRATION IN THE EVENT OF A DISPUTE, CONTROVERSY OR CLAIM (EACH, A “DISPUTE”) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF (INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS OF SERVICE TO ARBITRATE), YOUR OR ABOVO42’S RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF SERVICE, THE SERVICE, THE USE OF THE SERVICE, AND/OR THE INFORMATION, SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED BY OR THROUGH OR IN CONNECTION WITH THE SERVICE. THE ARBITRATION WILL BE HELD IN BALTIMORE, MARYLAND BEFORE ONE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION. YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. THE ARBITRATION WILL BE ADMINISTERED BY JAMS (HTTP://WWW.JAMSADR.COM). YOU MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. YOU AND ABOVO42 SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES. EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEY, EXPERT AND OTHER FEES, UNLESS SUCH FEES ARE AWARDED BY THE ARBITRATOR TO THE PREVAILING PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ABOVO42’S INTELLECTUAL PROPERTY RIGHTS, ABOVO42 MAY SEEK (AND YOU WILL NOT CONTEST) INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN BALTIMORE, MARYLAND AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS.
5.1 ARBITRATION FINAL AND BINDING. THE ARBITRATOR'S AWARD IS FINAL AND BINDING ON ALL PARTIES. THE FEDERAL ARBITRATION ACT, AND NOT ANY STATE LAW CONCERNING ARBITRATION, GOVERNS ALL ARBITRATION UNDER THIS CLAUSE. ANY COURT HAVING JURISDICTION MAY ENTER JUDGMENT ON THE ARBITRATOR'S AWARD. IF ANY PART OF THIS CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF THE WAIVER OF CLASS ACTION RIGHTS CONTAINED HEREIN IS NOT ENFORCEABLE AS TO ANY PERSON OR PERSONS, SUCH NON-ENFORCEABILITY SHALL APPLY TO SUCH PERSON OR PERSONS ONLY, AND ALL OTHER PERSONS SHALL CONTINUE TO BE GOVERNED BY THE ARBITRATION CLAUSE.
5.3 GIVING UP RIGHT OF CLASS ACTION. THESE TERMS OF SERVICE PROVIDES THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS ACTION CLAIM YOU MAY HAVE AGAINST ABOVO42 ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
5.4 Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial. To the maximum extent permitted by law, these Terms of Service are governed by the laws of the United States of America and the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in Baltimore, Maryland in all disputes arising out of or relating to the use of the Service or under these Terms of Service; provided, however, that in the event Abovo42 is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Abovo42 hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Abovo42 therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, Abovo42 and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms of Service, your or Abovo42’s rights and obligations under these Terms of Service, the Service, use of the Service, and/or the services and/or products that may be provided by or through or in connection with the Service.
6.0 Viewing, Accessing and Use Outside the United States. If and when any products or services referenced on the Service become available, they will become available in the United States and may not become available elsewhere. Abovo42 makes no claims that the Service or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Service or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Service from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
6.1 No Joint Venture. You agree that no joint venture, partnership, employment or agency relationship exists between you and Abovo42 as a result of these Terms of Service or your use of the Service.
6.2 Headings. Section headings and other captions in these Terms of Service are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Service.
6.3 Survival. The provisions of the following sections shall survive any termination or expiration of these Terms of Service: Disclosure Under Law, Materials, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial, and Miscellaneous.
6.4 No Waiver. The failure of Abovo42 to enforce any provision of these Terms of Service will not be construed as a waiver or limitation of Abovo42’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Service.
6.5 Assignment. No assignment, delegation or other conveyance of these Terms of Service may be made by you (by operation of law or otherwise) without the prior written consent of Abovo42, to be given in its sole discretion. Abovo42 may assign its rights and obligations hereunder to any other party.
6.6 Statute of Limitations. Any cause of action you may have with respect to your use of the Service must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.
6.7 Agreement Binding. In the event that any provision of these Terms of Service is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Service will continue in full force and effect.
6.8 Notices. Notices to Abovo42 under these Terms of Service shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Abovo42, with such notices being effective as of the date of actual, confirmed receipt by Abovo42. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
6.9 Entire Agreement; Language of Agreement. These Terms of Service contain the entire agreement between you and Abovo42 with respect to the Service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Abovo42 with respect to the Service. Any rights not expressly granted herein are reserved. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.
6.10 Questions? Inquiries regarding these Terms of Service should be directed to Abovo42 at info@Abovo42.com.