PLEASE READ THE FOLLOWING AGREEMENT TERMS AND CONDITIONS (THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING AND USING THE SERVICES (DEFINED BELOW) AT http://www.abusix.com. THIS AGREEMENT GOVERNS USE OF THE SERVICES PROVIDED BY ABUSIX (“ABUSIX”) TO YOU (“YOU” OR CUSTOMER”).
Abusix is willing to provide the Services to you as a Customer, only upon the condition that you accept all the terms contained in this Agreement. By creating an account, or by accessing or using the Services, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, the terms “Customer”, “you” and “your” will refer to that company or other legal entity.If you do not accept all of the terms of this Agreement, then you must not accept this Agreement and you may not use the Services.
The Fees will be as set forth in the Order Form. All Fees are due and payable in advance and Customer agrees to pay and will pay the applicable Fees on or before the Effective Date and thereafter on the twelve (12) month anniversary of the Effective Date during the Term.
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ABUSIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR THE SOFTWARE. IT IS CUSTOMER’S RESPONSIBILITY TO EXERCISE DILIGENCE AND USE ITS JUDGMENT IN RELYING ON THE SERVICES AND THE SERVICES DATA REPORTS AND IN PARTICULAR FROM ACTIONS TAKEN OR NOT TAKEN AND CONCLUSIONS DRAWN AFTER REVIEW OF THE SERVICES DATA REPORTS. WITHOUT LIMITING THE FOREGOING, ABUSIX DISCLAIMS ANY WARRANTY THAT THE SERVICES OR SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. ABUSIX FURTHER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES AND SOFTWARE AS TO MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ABUSIX OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.
IN NO EVENT WILL ABUSIX BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS, WHETHER OR NOT ABUSIX OR CUSTOMER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. Notwithstanding any other provisions of this Agreement, in no event will Abusix’ aggregate liability to Customer and any Third party in connection with this Agreement OR CUSTOMER’S or Authorized Users’ ACCESS TO AND USE OF THE SERVICES exceed THE AMOUNTS PAID BY CUSTOMER TO ABUSIX IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
If you have any questions regarding this Agreement, you may contact Abusix at firstname.lastname@example.org