Terms of Use

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.