IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. AbacaRx owns and operates this web site, located at www.AbacaRx.com (the “Site”).
This Agreement may be modified by AbacaRx from time to time, such modifications to be effective upon posting by AbacaRx on the Site. Use of the Site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. Please consult the top of this Agreement to determine when the Agreement was last revised.
The Site is intended for use in the United States and Canada only. You will only use the Site in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Site is void where prohibited. To the extent that the services provided by the Site not legal in your jurisdiction, you may not use such services. The services provided by the Site may not be used where prohibited by law.
The Site is intended solely for persons who are at least 18 years old (or the age of majority in your jurisdiction, if it is older). Any access to or use of the Site by anyone under 18 years old (or the age of majority in your jurisdiction, if it is older) is expressly prohibited.
Disclaimer of Warranties
THE SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. ABACARX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (V) THAT THE SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE OR NOT INTERCEPTED.
You agree to indemnify, defend and hold harmless AbacaRx, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or services provided thereon, (b) any Posts (as hereinafter defined) made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. AbacaRx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AbacaRx in asserting any available defenses.
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by AbacaRx of the contents of such third-party websites. AbacaRx is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party website; or (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While AbacaRx encourages links to the Site, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of AbacaRx or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. AbacaRx reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of AbacaRx.
Please note that information sent or received over the Internet is generally unsecure and AbacaRx cannot and does not make any representation or warranty concerning security of any communication to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information.
All materials displayed or otherwise accessible through the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian, U.S. and foreign copyright or other laws, and are owned by AbacaRx, its licensors or the party accredited as the provider of the Content. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to Canadian, U.S. and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE SITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF ABACARX.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ABACARX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ABACARX KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ABACARX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF ABACARX HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ABACARX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ABACARX OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
ABACARX EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE OR ANY ADVERTISER OR SPONSOR OF THE SITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL ABACARX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY SITE LINKED TO OR FROM THE SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A SITE LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE ABACARX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY THIRD PARTIES THROUGH THE SITE.
Software Licenses and Ownership
All software embedded in or located on or at the Site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by AbacaRx, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Site or made available for download from the Site, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
THE ABACARX NAME AND LOGO are official marks or trademarks of AbacaRx. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of AbacaRx or third parties. While certain trademarks of third parties may be used by AbacaRx under license, the display of third-party trademarks on the Site should not be taken to imply any relationship or license between AbacaRx and the owner of said trademark or to imply that AbacaRx endorses the wares, services or business of the owner of said trademark. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of AbacaRx or any third party, without the written permission of AbacaRx or the respective owner of any third-party trademark.
The information contained on the Site is for informational purposes only. It is not intended to provide medical, legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The Site may provide features that allow you to post messages and content, to interact with AbacaRx and other users and to upload files, documents or other materials (collectively, “Posts”). When using any of the features of the Site which allow you to make Posts, it is a condition of your use of the Site that you observe the rules of netiquette and that you do not:
(i) restrict or inhibit any other user from using and enjoying the Site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of AbacaRx imposes an unreasonable or disproportionately large load on the AbacaRx website infrastructure;
(ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Post constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
(iii) make any Post, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
(iv) make any Post that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;
(v) make any Post which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(vi) make any Post which contains a virus or other harmful component, or provides or creates computer viruses;
(vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or
(viii) use the Site for commercial purposes, including, without limitation, making any Posts which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By making Posts to the Site, you grant AbacaRx a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Posts for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Post in favour of AbacaRx; (ii) consent to your name, address and e-mail appearing as the contributor of any Post, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Post; (iii) acknowledge and agree that AbacaRx is not responsible for any loss, damage, or corruption that may occur to your Posts; and (iv) acknowledge and agree that any Posts you provide for display on the Site will be considered non-confidential.
AbacaRx is not responsible for the content of any Post. Posts represent the views and opinions of the person(s) making the Post and do not represent the views or opinions of AbacaRx.
While AbacaRx is under no obligation to investigate any complaint regarding any Post, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Site and terminating the submitting party’s right to access and use the Site (or any portion thereof).
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of AbacaRx to respond to claims of intellectual property infringement. AbacaRx will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to [email protected]
To be effective, the notification of infringement must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To use certain features of the Site, you may also need a username and password, which you will receive through the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify AbacaRx immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. AbacaRx cannot and will not be liable for any loss or damage arising from AbacaRx’s failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
The Site (excluding linked Sites) is controlled by AbacaRx from its offices within the Province of British Columbia, Canada. By accessing or using the Site, you agree that all matters relating to your access to, or use of, the Site and/or the Content shall be governed by the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction the courts of the Province of British Columbia with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.