Terms of Use

    1. Acceptance of the Terms and Conditions. AbilTo, Inc. (“AbilTo” or “Company”) provides and makes available this web site (“Web Site”), subject to the Terms of Use Agreement (the “Agreement”). By accessing, browsing or otherwise using the Web Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, please refrain from accessing or using the Web Site. This Agreement may be updated at any time without prior notice. Your continued use of the Web Site after a revised version of this Agreement is posted shall indicate your consent to be bound by the terms and conditions of the revised Agreement.

 

    1. Privacy. AbilTo is committed to ensuring that your privacy is protected when using the Web Site and has put in place suitable physical, electronic and managerial safeguards to secure the information that it collects through the Web Site. If you have requested that AbilTo contact you or send you information, we will collect your name, email address and/or telephone number. AbilTo does not share the personally identifiable information that you disclose to use via the Web Site except (i) to our service providers, consultants and agents who require such information to provide services to AbilTo; (ii) as required by law; (iii) to protect the rights and interests of AbilTo, its Web Site users and/or other individuals; and/or (iv) in the event of a merger, acquisition or transfer of all or substantially all of AbilTo’s assets.

 

    1. Use of the Web Site. The Web Site is intended to provide: (i) information about the Company’s service and programs; (ii) a means for interested parties to request additional information about the Company and its programs; and (ii) secure access for a previously registered participant, using an assigned ID and password. The Web Site is not designed or intended for emergency use. Individuals in need of urgent mental or medical health attention should visit or contact a local provider of emergency services.

 

    1. Intellectual Property. Content (“Content”) on this Web Site include but is not limited to software, text, graphics and images. You may not sell, transfer, assign, license, sublicense, or modify the Content. In addition, you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.The trademarks, service marks, and logos of the Company used and displayed on this Web Site are registered and unregistered trademarks or service marks (collectively, “Trademarks”) of the Company and third-parties. The Trademarks may not be used to disparage the Company or the applicable third-party or their products and services.

      You agree not to: (a) take any action that imposes an unreasonable load on the Web Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (4) delete or alter any material posted on the Web Site by the Company or any other person or entity, or (5) frame or link to any of the materials or information available on the Web Site.

      The Web Site contains links to third-party web sites. These links are provided solely as a convenience to you; they are not as an endorsement by the Company of the content on the third-party web site. If you access a third party site, you do so at your own risk, and if you have any concerns regarding the content on privacy policy of a third-party site, you should contact its site administrator.

      Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Content for this Web Site may be retransmitted without the express written consent from the Company for each and every instance.

 

    1. Limitation of Liability and Disclaimer of Warranties. The web site and content are provided on an “as is” and “as available” basis without any warranties of any kind. The company and its affiliates shall not be subject to liability for the accuracy or completeness of the content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream. The company does not warrant that the web site will operate error-free or that its server or contents are free of computer viruses or malware. If your use of the web site or the content results in the need for servicing or replacing equipment or data, no company party shall be responsible for those costs.

 

    1. You expressly understand and agree that company will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if company has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from and/or arising in connection with the use or the inability to use the web site. In no event will company’s total liability to you for all damages, losses or causes of action exceed the amount you have paid company in the last six (6) months, or, if greater, one hundred dollars ($100).Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of the company parties shall be limited to the greatest extent permitted by law.

 

    1. Indemnification. You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, actions or demands arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site.

 

    1. Termination of the Agreement. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability. Sections 3-6, 9 and 11 shall survive the termination of this Agreement.

 

    1. User Must Comply with Applicable Laws. The Company is based in New York. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

    1. U.S. Government Restricted Rights. The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.

 

    1. Miscellaneous. This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of the Company’s successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Site might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.