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Condition
of Use
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING
THE WWW.ABLEPLANET.COM WEB SITE OR ANY OTHER WEB SITE MAINTAINED BY ABLE
PLANET OR ITS AFFILIATES ("SITE"). USING THIS SITE INDICATES
THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT
USE THIS WEBSITE.
Copyright
The entire content of this Site are protected by the United States copyright
laws. Able Planet, Inc. ("Able Planet") is the owner of the
copyright. Able Planet authorizes you to view and to use the materials
at this Site only for your personal, non-commercial use, provided that
you retain this copyright notice on any copies of the materials that you
use. You may not modify the materials at this Site in any way or reproduce
or publicly display, perform, distribute, or otherwise use the materials
for any public or commercial purpose. For the purposes of these Terms,
any use of these materials on any other web site or networked computer
environment for any purpose is prohibited.
Trademark
The names, logos, and taglines identifying Able Planet and its products
and services, including, without limitation, "Able Planet, Inc."
"LINX", "Hear the Difference", "LINX AUDIO",
and "It is Possible" are proprietary marks of Able Planet. All
other trademarks and service marks are the property of their respective
owners.
Links to Other Websites
Links to third party web sites on this Site are provided solely as a convenience
to you. Able Planet has not reviewed all of these third party sites and
does not control and is not responsible for any of these sites or their
content. Able Planet does not endorse or make any representations about
these third party sites, or any advertising, information, software, or
other products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites
linked to this Site, you do so entirely at your own risk.
Links to Able Planet's Web Site
With permission from Able Planet by sending an e-mail request to able@ableplanet.com,
you may create a hypertext link to this Site from your web site provided
that the page containing the link properly attributes the linked site
to Able Planet. Neither your site nor your link to this Site (a) shall
imply Able Planet's sponsorship or endorsement of your site or the products,
services, or materials promoted or set forth on your site; (b) shall contain
republished, redistributed, or copied materials from this Site, including
by framing or other means; or (c) shall misrepresent the relationship
with Able Planet or contain any false, misleading, or derogatory information
about Able Planet or its products or services.
Content and Liability Disclaimer
THE MATERIALS AND PRODUCTS PROVIDED AT THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF INTELLECTUAL
PROPERTY. Able Planet further does not warrant the accuracy and completeness
of the materials or services at this Site. The information and services
at this Site may be out of date, and Able Planet makes no commitment to
update the materials and services at this Site. Information published
at this Site may refer to products, programs, or services that arenot
available in your area.
Limitation of Liability
IN NO EVENT WILL ABLE PLANET, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
AT THIS SITE BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, OR
FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS,
SAVINGS,
INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF
THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS
SITE, OR THE MATERIALS,
INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS
OF THE LEGAL
THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION,
LEGAL THEORIES
OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY.
Governing Law / Dispute Resolution
Any claims arising out of the use of this Site shall be resolved by binding
arbitration in Denver, Colorado in accordance with the then-current rules
of the American Arbitration Association. These Terms are made under and
will be governed by and construed in accordance with the laws of the State
of Colorado, United States of America (other than conflict of law rules).
Modifications
Able Planet may make revisions to the materials at this Site, or to the
products, services, and prices described herein, at any time without notice.
By using this Site, you agree to be bound by any such revisions and therefore
should visit this Site periodically to determine the then-current Terms
by which you are bound.
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