Last updated: May 9, 2013
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By providing the information required by the Abax Interactive web site (http://www.abaxinteractive.com) (the ‘Site’), you will be enabling Abax Interactive (‘we,’ ‘us’ or ‘our’) to provide such information to its third party partners (the ‘Partners’). In signing up on the Site, you are deemed to have agreed to these terms and conditions of use (‘Terms and Conditions’).
Your Agreement: By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
PLEASE NOTE: We reserve the right to modify the Site and any element thereof from time to time, for any reason without notice. You should check these Terms and Conditions periodically for changes, as we also reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.
You may be able to link to third parties Web sites (‘Linked Sites’) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Abax Interactive in any way and Abax Interactive is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply Abax Interactive’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall Abax Interactive be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Abax Interactive reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links.
Disclaimer of Warranties
Except as expressly set forth herein, Abax Interactive is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in connection with the Site or the products or services provided on or through the Site, or by any technical or human error which may occur in the processing of information received by us. Abax Interactive assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Site. Abax Interactive is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Site or Site Content.
THIS SITE, INCLUDING THE SITE CONTENT IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ABAX INTERACTIVE, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND THE SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ABAX INTERACTIVE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR THE SITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
IN NO EVENT WILL ABAX INTERACTIVE, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR THE SITE CONTENT.
Intellectual Property Rights The Site contains intellectual property owned by Abax Interactive and other parties. As between Abax Interactive and you, Abax Interactive is the sole owner of the Site and all materials on or available through the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the ‘Site Content’). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site content solely for your personal, non-commercial use or records, provided that any Abax Interactive or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site content unless you first obtain prior written consent from us—and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may write to Abax Interactive at the address provided below. Any unauthorized attempt to modify any Site content, to defeat or circumvent our security features, or to utilize this Site for other than its intended purposes is strictly prohibited.
Links to the Site without Abax Interactive’s express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
Infringement and Regulatory Complaints
Abax Interactive will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
Notices of claimed infringement should be directed to:
1200 S Brand Blvd., Suite 101
Glendale, CA 91204
This Site is controlled, operated and administered by Abax Interactive from its offices in California. Abax Interactive makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
You agree to defend, indemnify and hold Abax Interactive, its parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Site and or Site Content, any information provided to you by the Site, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES ‘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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.’
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or Site content must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
Conditions for Use of the Site
As a condition to your visit and use of the Site, you represent and warrant that:
1. You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Site in accordance with these Terms and Conditions;
2. All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);
4. You understand that abuse of the Site may result in your being denied access to such Site, as determined by Abax Interactive in its sole discretion;
5. You understand and agree that, in addition to these Terms and Conditions, the Site will be governed by the official rules applicable to the promotion or offer, if any;
6. You will not:
a. Harvest, sweep, or use any other means, to collect information about users of the Site;
b. Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Site;
c. Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Abax Interactive;
d. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Site content; or
e. Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
Abax Interactive may reject any registration application from any person with or without cause at its sole discretion. Abax Interactive reserves the right to terminate a user account in the event that such user provides false or misleading registration information or otherwise violates any term of these Terms and Conditions (as determined Abax Interactive in its sole discretion). Your status as a registered user creates only a customer relationship with Abax Interactive and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
Compliance With Law
By visiting this Site or participating in activities on the Site, you agree to comply with all relevant local, state, provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.
Third Party Content/Promotions, Third Party Products, and Third Party Site Activities
The Site may display and make available content, promotions, advertisements, and offers provided by third parties, including the Partners (‘Third Party Promotions’), as well as goods and services offered by third parties, including the Partners (‘Third Party Products’). You understand and agree that we shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party sites for whom we display offers (‘Third Party Site Activity’), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Site Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Site Activity will be with the applicable third party offering the Third Party Promotion, Third Party Product or Third Party Site Activity and that you shall have no remedy against us arising from your use of (or participation in), or inability to use (or participate in), any Third Party Promotion, Third Party Product or Third Party Site Activity.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Site via e-mail or any means that we may create or provide in the future will become our property throughout the world and we shall be entitled (without compensation to any party) to use such material in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us, it is original with you and accurate and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.
The Partners will contact you with loan information. Please note that such information should not be used as the sole basis for your loan decision, and may not meet your particular needs. Please seek the advice of an appropriate professional regarding the assessment of the loan information provided as a consequence of your registration on the Site. This Site does not (nor do we) provide loans or act as a broker in connection therewith.
Applicable Laws / Jurisdiction
You agree that the laws of California, excluding its conflicts-of-law rules, shall govern your use of the Site, the Site Content, and these Terms and Conditions. Your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that any dispute and/or claim arising out of or in connection with your use of and/or inability to use the Site and/or Site Content shall be heard in the County of Los Angeles, State of California. You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by applicable law, the right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supercede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate these Terms and Conditions and/or to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.