Terms and Conditions of Use
Last Updated: March 28, 2012
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. By accessing this web site ("the Site"), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Proper Use of our Site
You may not use our Site for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through our Site. You promise that none of your communications with or through the Site will violate any local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
3. Copyright and Trademark
Unless otherwise noted, all materials on this Site (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trademarks and/or other intellectual properties owned by ABP Corporation and/or its subsidiaries and affiliates or by other parties that have licensed their material to ABP Corporation. Additionally, the Site itself is protected by copyright as a collective work and/or compilation. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by ABP Corporation.
4. Use License
Permission is granted to browse through the Site and occasionally download a copy of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial). You must keep intact all copyright, trademark and other notices contained in your personal copies, and you may not remove any copyright or other proprietary notations from the materials. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the site. You may not attempt to alter or modify the content posted on the site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the site itself. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ABP Corporation at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on our Site are provided "as is". ABP Corporation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ABP Corporation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.
6. Limitation of Liability
In no event shall ABP Corporation, its franchisees or affiliates, and any others involved in creating the Site and its contents be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages arising from the use or inability to use the materials on the Site, even if ABP Corporation or an ABP Corporation authorized representative has been notified orally or in writing of the possibility of such damage. This includes but is not limited to damages or injury caused by error, omission, interruption, defect, failure or performance, unauthorized use of this Site, line failure, computer virus, or other harmful component. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. However, in no event shall ABP Corporation's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
You agree to defend, indemnify and hold harmless ABP Corporation, its affiliates, franchisees, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any user content or ideas you provide; (c) your violation of these Terms and Conditions of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
8. Revisions and Errors
The materials appearing on our Site could include technical, typographical, or photographic errors. ABP Corporation does not warrant that any of the materials on its Site are accurate, complete, or current. ABP Corporation may make changes to the materials contained on its Site at any time without notice. ABP Corporation does not, however, make any commitment to update the materials.
9. Linked Websites
You may be able to navigate away from our Site to other web sites which are linked to ours. Those web sites are not under our control. We are not responsible for the accuracy or reliability of the information on such linked web sites and we cannot vouch for the data, opinions, advice or statements made there. Even if we visit those web sites, we cannot be responsible for updating or correcting false or misleading information on any third-party web site. Further, we are not responsible for the goods or services that may be offered on other web sites. The inclusion of any link does not imply endorsement by ABP Corporation of the site. Use of any such linked web site is at the user's own risk.
All remarks, suggestions, ideas, graphics, or other information communicated to us through this Site (together, the "Submission") will forever be the property of ABP Corporation. ABP Corporation will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future ABP Corporation operations. Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right, license, and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.
11. Modifications to Site Terms and Conditions
We may revise these Terms and Conditions of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
12. Governing Law
Any claim relating to our Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction and venue of the courts of the Commonwealth of Massachusetts for any legal proceeding involving the Site, regardless of who initiated the proceeding.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
14. Additional Terms
16. Intellectual Property
Certain activities provided via the website may be covered by U.S. Patent 6,585,516.