Welcome to AllBusinessTemplates.com.
AllBusinessTemplates.com (the "Website") is an Internet service operated by Etuzy. ltd. ("ABT"). These Terms Of Service are effective since August 20, 2016 and are only applicable if you are using the ABT Services. Please read these Terms, and only continue to use ABT if you agree to them, as well as with the current privacy statement and legal disclaimer. ABT is enabled template owners to share them with users. ABT does that by providing a highly interactive platform with a great user experience. To protect and ensure our rights and the rights of our users, ABT has developed these Terms of Service to govern your use of the Website, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of the Website tells us you have read and agreed to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you and ABT, regarding your use of the Website. We appreciate your continued use of the ABT Services and look forward to continue to provide you with the best service.
ALLBUSINESSTEMPLATES.COM. may be referred to herein as "ABT", "US", or "WE" whether in uppercase, lowercase, or a combination.
Thank you for selecting the Services offered by ALLBUSINESSTEMPLATES.COM and/or its subsidiaries and affiliates (referred to herein as "ABT", "we", "our", or "us"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.
We allow you, "user," or, collectively, "users," (whether in uppercase, lowercase, or a combination) to access our sites, services, content, applications, and other current or future products or services, including ABT Free, Standard or Premium, Custom Docs, and the downloadable / installable ABT Premium Software App. The ABT Services are offered by way of the internet web sites currently located at the URLs www.AllBusinessTemplates.com (or any variation of that, e.g., premium.allbusinesstemplates.com), or by way other means of electronic access, such as AllBusinessTemplates.com website, mobile devices, smartphones, tablets, readers, tangible content medium (including a DVD, flash drive, or other storage medium), third party social networks or video services, or other devices (individually and collectively, the, any, or a "ABT Platform").
We provide the ABT Services to you subject to the following terms of service (the "Terms"). These Terms shall also incorporate by reference certain other agreements that are referenced below. Please read these Terms carefully. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using any of the ABT Services from any ABT Platform, you accept these Terms.
The paid ABT Services are not available to persons under the age of 13 or to any person or entity previously suspended or removed from the Services by ABT. By accessing or using any ABT Services, you represent that you are at least 13 years of age, that if you are under 18 years of age, you possess legal and guardian consent, that you have not been previously suspended or removed from access to or use of the ABT Services, and that you are fully able and competent to enter into the Terms. If you do not agree to these Terms, then you may not use any part of the ABT Services.
YOUR PERSONAL INFORMATION
You can view ABT’s Privacy Statement provided with the ABT Services and on any ABT Platform for the ABT Services. You agree to the applicable ABT Privacy Statement, and any changes published by ABT. You agree that ABT may use and maintain your data according to the ABT Privacy Statement. You give ABT permission to combine information you enter or upload for the ABT Services with that of other users of the ABT Services and/or other ABT services. For example, this means that ABT may use your and other users’ non-identifiable, aggregated data to improve the ABT Services or to design promotions and provide ways for you to compare business practices with other users. ABT may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
MODIFICATION OF THE TERMS
ABT reserves the right to make changes to the Terms available through www.AllBusinessTemplates.com or other ABT Platform at any time, at our sole discretion, and the changes will be effective automatically when posted through the ABT Services, on any ABT Platform or when we notify you by other means. Except as posted by ABT to the www.AllBusinessTemplates.com or premium.AllBusinessTemplates.com sites or other aspects of any ABT Platform, this Agreement may not be otherwise amended, modified and no terms may be waived by ABT.
We may also change or discontinue the ABT Services, any ABT Platform, content or services, in whole or in part at any time, change the amount of storage space you have on the ABT Service at any time, and the number of times (and the maximum duration for which) you may access the ABT Service in a given period of time at our sole discretion. Your continued use of the ABT Services indicates your agreement to the changes.
ABT LICENSE GRANT
ABT provides or makes available the ABT Services, which may include information, documents, software, sounds, videos, texts, works of authorship, products, offerings, logos, photographs, graphics, tags, images or other materials ("Content"). Certain of the Content is owned or controlled by us ("ABT Content"), and we license such ABT Content to you, pursuant to these Terms, which may be modified or revised by licenses that we enter into separately with you for such ABT Content ("Separate Content License(s)").
Other Content that is available through the ABT Services is owned or controlled by third parties, including other ABT Content Users ("Third Party Content"). You may be required to enter into separate licenses with such third parties for their Third Party Content ("Third Party License(s)"). Such Third Party Licenses will be identified in conjunction with the applicable Third Party Content.
You may not resell any Content obtained on behalf of such third parties, though you may charge for your professional services. As an example, you may not take a form document from the Content and sell it at a profit having filled in blanks or made minor modifications to fit the needs and purposes of the third party you are advising; however, you may possibly utilize such form document in providing professional services to such third party.
Except for the license set forth herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, distribute, offer to sell, sell, resell, deconstruct, trade, transmit, host, import, export, create derivative works of, alter, enhance, or in any way exploit any of the Content in any manner. You may not make the ABT Services available on any file-sharing or application hosting service.
ABT may utilize digital rights management technologies to monitor and disable the use of any Content.
ABT reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Content and any ABT Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. ABT reserves the right to monitor your use of any ABT Services to ensure compliance with these Terms, and ABT reserves the right to take such lawful actions as are deemed necessary or desirable to resolve any violations of the Terms.
The ABT Services allow users such as you to upload your Content in order to enable the use of such Content by ABT and ABT’s other users (your "User Content"). When you upload your User Content, the ABT Services may allow you to select a Third Party License that will apply to other ABT users ("Content User(s)") that utilize your User Content. By way of example, the ABT Service may allow you to select one of the Creative Commons license types (see http://creativecommons.org/about/licenses) as the Third Party License. ABT may set the Creative Commons license type to "Public Domain" or "No Rights Reserved" when you upload your User Content by default, and you will exercise care in being aware of this, changing, or selecting the license type when you upload or post your User Content, no matter how uploaded or posted, including by bulk upload. You will only choose the license type that you have the right to choose. For example, if you did not originally author the Content but you came into possession of the Content because it was Third Party Content with a Creative Commons Attribution Share Alike license type you may not designate that document as being in the public domain: You must keep the license type a Creative Commons Attribution Share Alike license type.
Your license grants and obligations regarding your User Content are further described in the following paragraphs.
By uploading, making available for upload, distributing, or disseminating your User Content through the ABT Services, You hereby grant to ABT a perpetual, irrevocable, worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, sub licensable license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, link to, modify, and prepare derivative works and otherwise use and offer to sell, sell or license your User Content and other services, in any media format and through any media channel and ABT Platform, in order to (a) make available, display, perform, reproduce, distribute, publish, and promote your User Content in connection with the ABT Services rendered to our Content Users, including, by way of example but not limitation, by allowing your User Content to be embedded on the websites of Users as Embeddable Content; and (b) otherwise provide you with the ABT Services. You retain all of your ownership rights in User Content you upload, unless you choose to give up any ownership right. User Content is provided on a non-confidential basis.
You may request termination of future distributions of some or all of the User Content, as specified, that you have previously uploaded by removing or deleting from the ABT Services all copies of such User Content that is your Content and writing us at [email protected] with the following in the subject line: "Request to Terminate My Content License" requesting such termination, and specifying the url(s) of where your User Content is or was located on the ABT Platform. You must provide us with sufficient information to allow us to verify that such Content is your User Content. ABT may accept or reject such termination. If ABT accepts your termination request, such termination will not revoke any licenses that were previously granted by ABT or You to third parties for such User Content distributed on or prior to such completion, and ABT may maintain one or more copies of all User Content for our records and any other legal purpose.
For the avoidance of doubt, ABT reserves the right to place restrictions on any of your User Content and restrict access to such User Content by use of Digital Rights Management (DRM) tools or otherwise.
Regardless of the Third Party License you select for your User Content pursuant to Section Description of User Content, such Third Party License, must, at minimum, grant to each Content User that is authorized to access your User Content a limited, non-exclusive, license to view, download, print, reproduce, store and use your User Content in the manner that is consistent with the license granted to you for ABT Content under Section ABT License Grant of these Terms. The license granted by you may terminate as to a specific piece of your User Content once you remove or delete such specific piece of User Content and notify ABT of such termination as provided in Section License Grant to ABT, provided that User rights to your User Content arising out of distributions occurring on or prior to deletion of such pieces of User Content from the ABT Services will survive any termination.
Further, such pieces of the User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and ABT has no obligation to prevent, limit, or take any other measures to affect that availability.
User Content uploaded by you is at your own risk. ABT cannot and does not guarantee that there will be no unauthorized copying, distribution, or deletion of your User Content nor will ABT be liable for any copying or usage of your User Content that is not authorized by ABT or you.
You are solely responsible for your User Content and the consequences of posting or publishing it, including its legality, reliability, and appropriateness. By uploading your User Content, you agree, represent, and warrant that:
Further, you represent and warrant that you will not:
· Use the ABT Services for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access Content in compliance with the Terms.
· Defame, abuse, harass, bully, stalk, threaten, including conduct that would encourage "flaming" or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Use racially, ethnically, profane, or otherwise offensive language, including denigrating sexual orientation or gender identity issues.
· Incite or encourage illegal activity.
· Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
· Post or upload anything that exploits children or minors or that depicts cruelty to animals.
· Post or upload matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security.
· Post or upload court documents or arrest records that have been sealed or expunged, in whole or in part.
· Post or upload a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information.
· Post or upload any unsolicited communication or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
· Post or upload any content that might be fraudulent, inaccurate or misleading.
· Post or upload any content that might be competitive with ABT.
· Impersonate any person or entity, falsely claim an affiliation with any person or entity, access the ABT accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via any ABT Platform, or perform any other similar fraudulent activity.
· Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of the ABT Services, Content or ABT Content, features that prevent or restrict use or copying of any content accessible through the ABT Services, or features that enforce limitations on the use of the ABT Services, Content or ABT Content.
· Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of an ABT Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Relay email from a third party’s mail servers without the permission of that third party.
· Use any robot, spider, scraper, or other automated means to access an ABT Platform, except for accessing ABT RSS feeds.
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the ABT Services.
· Interfere with or disrupt an ABT Platform or servers or networks connected to an ABT Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to an ABT Platform.
· Post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the ABT experience.
· Take any action that imposes an unreasonable or disproportionately large load on ABT’s infrastructure or any ABT Platform.
· Artificially inflate or alter the ratings available on the ABT Services or alter any comments posted by others on an ABT Platform.
This list of prohibitions provides examples and is not complete or exclusive. These prohibitions do not require ABT to monitor, police, or remove any User Content or other information submitted by you or any other User, or monitor, police, or report any User activity.
If you see Content that violates any of our Terms and policies or that is illegal under applicable law, you may report it using the procedure and email address below. While users posting Content are solely responsible for compliance with our Terms, policies and applicable law, if we determine in our sole discretion that there are violations of our Terms, policies or applicable law, then, without limitation to our other rights or remedies, we may remove the Content from the ABT Services. In order to report Content that violates our Terms and policies or is illegal, please send to (include alias or website) and provide the following:
· Identification of the material that is claimed to be in violation of our Terms and policies or illegal, and information reasonably sufficient to permit ABT to locate the specific material. Providing URLs in the body of an email is the best way to help us locate content quickly.
· Information reasonably sufficient to permit ABT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of violates ABT Terms and policies or is illegal, with specific cites to the policies or laws, rules or regulations alleged to be violated and a statement of the relevant facts.
· A statement that the information in the notification is accurate.
PLEASE NOTE: If you are reporting a copyright violation, please use these procedures ( https://www.allbusinesstemplates.com/contact/ instead of the procedures set forth in this section. If you are reporting an infringement or violation of copyright you may only do so for Content that you hold the rights to or where you are duly authorized to act on behalf of all of the copyright holders of such Content, in which case please follow the procedures set forth at this https://www.allbusinesstemplates.com/contact/ instead of the procedures set forth in this section
If you are reporting any violations of ABT terms or policies you can report them by emailing [email protected] with the following in the subject line: "Terms or Policies Violations."
These Terms do not grant you or any third party not in privately to this agreement any greater or additional rights or remedies against you or ABT than such third party might otherwise have absent these Terms. These Terms do not grant any third party beneficiary rights: such rights are expressly disclaimed.
If you provide any ideas, suggestions, documents, and/or proposals ("Feedback") to us through the ABT Services or otherwise, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information or yours or any third parties; (b) such Feedback does not infringe the intellectual property rights or other rights of any third parties; (c) such Feedback is automatically assigned to us, to the maximum extent that such assignment is permissible under applicable laws, and otherwise, you hereby grant us a perpetual, irrevocable, worldwide, fully-paid up, royalty free, assignable, sub licensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback; and (d) you are not entitled to any compensation or reimbursement from us for such Feedback.
ABT may be required by law to send you communications about the ABT Services or Third Party products. You agree that ABT may send these communications to you via email or by posting them on an ABT Platform.
ABT licenses certain additional ABT Services, some of which are described below and terms also apply to you.
ABT Premium Membership , a paid subscription service that may provide access to view, download and print a wider selection of Content and ABT Services than what may be available. If you are an ABT Premium Member, so long as you are paid in full, and all the information you provided is and remains true, accurate, and complete, then subject to your compliance with these Terms, ABT hereby grants you subject to the restrictions set out in Section 5.3 with a personal, limited, non-exclusive, non-transferable, freely revocable license to view, and in many instances download, save, print, modify, and use, Content available to Premium Members solely through the ABT Platform subject to the license under which such Content is distributed or made available.
ABT has your authority to renew your membership and bill you monthly, quarterly, or annually at the then-current rates until such time as you cancel your Premium Membership. If you register for a 1/3/6/9/12 month billing for an ABT Premium membership, and you cancel at any time following the seventh (7th) day after registration, you will be billed the full membership fee for that period of time, and you will not receive a refund for the remainder of that billing period. In order to cancel your ABT Premium membership please use any automated cancellation tool that might be available on or through an ABT Platform, or write ABT at [email protected] with "ABT Premium Membership Cancellation" in the subject line, include your instructions that ABT cancel your ABT Premium membership, as well as your user name, and your digital signature authenticating that you are the ABT Premium member and the membership you wish to cancel. Sending a cancelation notice to an ABT email address other than [email protected] may delay or prevent your cancellation from being processed. If you do not receive an acknowledgement from ABT within two 2 business days following your emailing ABT of your Premium membership cancellation, you must write ABT again to cancel. ABT is not responsible for any failures to receive Premium membership cancellation instructions.
You may not create multiple ABT accounts or Premium Memberships, or encourage anyone else to create Premium Memberships or make purchases on your behalf or for your benefit for the purpose of gaming the refund policy. ABT may terminate a Premium Membership at any time for any reason or no reason at all, in which instance ABT may refund the pro-rata Premium Membership fee paid by the Premium Member remaining on the terminated Premium Member’s membership.
The Contact ABT service allows you to ask questions from persons via the ABT Service. You understand and agree that all aspects of Content or ABT Services are for informational purposes only. Your use of any information, or any aspect of any Content or services from or through the ABT Services, regardless of the manner in which it is obtained, is entirely at your own risk, for which ABT shall not be liable. It shall be your responsibility to ensure that any aspect of any Content, service, or information available from or through ABT meets your specific requirements. Persons providing responses or answers may not have credentials or degrees in the relevant subject matter areas.
Answers are to be used by you for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice, and you agree and acknowledge that you will not rely on any responses or answers received from the ABT Services. By accepting or answering questions (in any form, including email or telephone), neither ABT nor its agents form attorney-client, doctor-patient, or other professional-client relationships or privileges with users. ABT disclaims any guarantee or assurance that you will receive a response from ABT to your queries. Communications with ABT are not confidential and shall not be the subject of any associated privileges.
Some of the Content and ABT Services available with, on, or through, the downloadable / installable ABT Premium Software App may require an internet connection, and may require that you be a paid subscriber. The ABT Premium Software App may be subject to additional terms provided with this software.
ALLBUSINESSTEMPLATES.COM is a registered trademark of ABT. Other trademarks, names, and logos on an ABT Platform or Content are the property of their respective owners. The trademarks, logos, and service marks displayed via the ABT Services or Content (collectively the "Trademarks") are the registered and unregistered trademarks of ABT, its licensors, suppliers, and others. The Trademarks owned by ABT, whether registered or unregistered, may not be used in connection with any product or service that is not ABT’s in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages ABT or blurs, tarnishes, or dilutes the Trademarks or ABT. Nothing contained on an ABT Platform, ABT Services, Content, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of ABT, its licensors, suppliers, or the third party owner of any such Trademark. However, when you use the embeddable ABT viewer and provide it on your website you may display the unaltered ABT Trademark only for the limited purpose of displaying the embeddable ABT Viewer.
Unless otherwise specified in these Terms, all information and screens appearing via the ABT Services, including documents, services, designs, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of ABT, Copyright © 2013-2016 ABT. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
ABT respects the intellectual property rights of others, and we require you to do the same. ABT may, in appropriate circumstances, and at our sole discretion, terminate service and/or access to the ABT Services users who infringe or are accused of infringing the intellectual property rights of others. If you believe that your work is the subject of copyright infringement, please comply with the requirements of the Digital Millennium Copyright Act and complete the information / form available here: https://www.allbusinesstemplates.com/contact/
If you believe that your work is the subject of trademark infringement and appears on our site, please provide ABT's designated agent the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site, including specific identification of where such works are to be located.
· 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 at any ABT Platform, and information reasonably sufficient to permit ABT to locate the material.
· Information reasonably sufficient to permit ABT to contact you as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ABT reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement and to require that you support your claims of actionable trademark infringement.
ABT reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement and to require that you support your claims of actionable trademark infringement.
Attn: Copyright Agent
1010, 10/F, Miramar Tower, 132 Nathan Road
Tsim Sha Tsui, Kowloon, Hong Kong
As part of the registration process, or for use of certain ABT Services, you may be asked to select a username and password. You are responsible for maintaining the confidentiality of your password and account, and agree to notify ABT if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your registered account. You agree to immediately notify ABT of any unauthorized use or disclosure of your account or any other breach of security in relation to any ABT Services known to you. If you have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your username, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately change your password and notify ABT.
You understand and agree that when using an ABT Platform you will be exposed to Content from a variety of sources, and that ABT, its affiliates, subsidiaries, suppliers, agents, officers or attorneys are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ABT* with respect thereto. ABT does not endorse any Content or any opinion, recommendation, or advice expressed therein, and ABT expressly disclaims any and all liability in connection with Content.
You understand and agree that when using an ABT Platform you will be exposed to Content from a variety of sources, and that ABT, its affiliates, subsidiaries, suppliers, agents, officers or attorneys are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. However we try to limit this, you further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ABT* with respect thereto. ABT does not endorse any Content or any opinion, recommendation, or advice expressed therein, and ABT expressly disclaims any and all liability in connection with Content.
You understand and agree that all aspects of Content, Services, or other information provided by or through ABT or any ABT Services are for informational purposes only. Your use of any information, or any aspect of any Content or ABT Services, is entirely at your own risk, for which ABT * shall not be liable. The Content or Services provided by ABT may be inappropriate for your particular circumstances. You understand and agree that ABT is not a law firm, and does not provide legal advice. You have read and agree with and to the disclaimer located here: https://www.allbusinesstemplates.com/tou/
The ABT Services and/or Content or communications from ABT may link to other sites or platforms that are not ABT sites or platforms ("Reference Sites"). ABT is providing these links to you only as a convenience, and ABT is not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that ABT assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of ABT and ABT does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
We may mention or link to third party service providers or vendors, however, we are not responsible for, and disclaim any and all representations regarding, any third party service providers / vendors, whether or not we are remunerated in any manner by or on behalf of such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by them. You agree that ABT assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of your visiting any third party service provider or vendor site or you are obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, etc. of ABT and ABT does not endorse or affirmatively support anything on or linked from any third party service provider or vendor site.
YOUR USE OF ANY ABT PLATFORM, SERVICE, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. ABT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY ABT PLATFORM OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY ABT PLATFORM (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR CONTENT, OR FOR ANY LACK OF ACCESS TO ANY ABT PLATFORM, CONTENT, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). CONTENT MAY NOT HAVE BEEN VERIFIED OR AUTHENTICATED, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. ABT DOES NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, OR TIMELINESS OF CONTENT CONTAINED ON OR THROUGH ANY ABT SERVICES. ABT HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY ABT PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY ABT OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).
ABT DOES NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE, NO MATTER THE CONTENT, ABT PLATFORM, SERVICE, OR MEANS OF COMMUNICATION. THE SERVICES AND CONTENT ON OR THROUGH ANY ABT SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT, SERVICES, AND ALL COMMUNICATION BY OR WITH ABT, INCLUDING THROUGH THE ABT SERVICES, IS NOT LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH, MEDICAL, OR OTHER ISSUE. ALL CONTENT, SERVICES, AND ABT PLATFORMS (AND ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) ARE PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS OF YOUR STATE. YOUR USE OF ANY CONTENT, SERVICE, OR ABT PLATFORM (AND OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) IS AT YOUR OWN RISK. ABT AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING ANY CONTENT OR SERVICE EXPRESSLY DISCLAIM ANY WARRANTY: NO ATTORNEY-CLIENT RELATIONSIP IS BEING CREATED OR ENTERED INTO BY PROVIDING CONTENT, GUIDANCE, INSTRUCTIONS, SERVICE, OTHER INFORMATION, OR ACCESS TO ANY ABT PLATFORM TO YOU.
ABT, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY ABT PLATFORM, SERVICES, OR CONTENT, (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY ABT PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ABT PLATFORM, THE SERVICES, CONTENT, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH ABT PLATFORM IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL ABT, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY ABT PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF ABT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ABT MAY INTERRUPT ANY ABT PLATFORM OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER.
ABT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE SECURITY MEASURES USED BY ABT TO PROTECT ANY ABT PLATFORM, SERVICE, OR CONTENT ARE USED IN CONJUNCTION WITH SUCH CONTENT "AS IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, HACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ABT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF ABT KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL ABT OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY ABT PLATFORM, SERVICE, CONTENT, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY ABT PLATFORM, OR OBTAINING ANY SERVICES, OR CONTENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
You acknowledge that the ABT Services and ABT Platform, including the mobile applications, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the Hong Kong government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the ABT Services or ABT Platform, in violation of these laws and regulations, directly or indirectly.
ABT may, in its sole discretion, for any or no reason for any action that ABT determines in its sole discretion is inappropriate or disruptive, and without penalty, terminate and/or suspend your account and access and your ability to post, upload to any ABT Platform, Service, or Content and refuse, delete, or remove any Content, with or without notice.
If ABT terminates your access to any ABT Platform, Service, or Content, ABT may delete your user profile(s) but will not be obligated to, and may delete any Content that you have provided in connection with any ABT Platform, including User Content that you have not made available to others. ABT has the right to terminate any password-restricted account for any reason.
ABT may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at ABT's sole discretion, ABT may cooperate with law enforcement agencies, and may disclose information that it has about you in any investigation of alleged illegal activity through your use of the ABT Services, on an ABT Platform or on the Internet.
Your only remedy with respect to any breach by ABT of any of the Terms, violation of any right or law, or dissatisfaction with any ABT Platform, Service, or Content, is to terminate your account and discontinue using any and all parts of the ABT Services.
You agree to indemnify, defend, save, and hold harmless ABT, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any ABT Platform, Service, Content, any violation by you of any term of these Terms. ABT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, defend, or hold harmless ABT, and you agree to cooperate with ABT's defense of these claims
Users are responsible for their acts and omissions and content placed on any ABT Platform. In the event that you have a dispute with or claim against one or more users, you release ABT (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a HONG KONG resident, you waive HONG KONG Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
HONG KONG SAR law governs this Agreement without regard to its conflicts of law’s provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply HONG KONG law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND ABT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to AllBusinessTemplates, in care of our registered agent Corporation Service Company,
North Point Consumer Advice Centre,
Room 1410, 14/F Kodak House II,
39 Healthy Street East,
North Point, Hong Kong
Arbitration will be conducted by the Hong Kong International Arbitration Center (HKIAC) before a single HKIAC arbitrator under the HKIAC rules, which are available at www.hkiac.org or by calling (852) 2525-2381. Payment of all filing, administration and arbitrator fees and costs will be governed by the HKIAC rules, but if you are unable to pay any of them, ABT will pay them for you. In addition, ABT will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, ABT will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 17 shall survive expiration, termination or rescission of this Agreement.
From time to time, ABT may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the ABT Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and ABT is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
ABT's failure to enforce any term or provision of the Terms is not a waiver of such term. Upon expiration or termination of the Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by ABT without restriction; any assignment attempted to be made in violation of the Terms shall be void.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
If you are domiciled in Hong Kong Consumer Council you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Hong Kong Department of Consumer Affairs by contacting them in writing Hong Kong Consumer Council, North Point Consumer Advice Centre, Room 1410, 14/F Kodak House II, 39 Healthy Street East, North Point, Hong Kong or by telephone at (852) 2929 2222.
Last Updated: August 16, 2016
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