Effective: April 11, 2017
Last Updated: April 11, 2017

Abusix, Inc. Service Agreement

Please read the following agreement terms and conditions (the “Agreement”) carefully before accessing and using the services (defined below) at https://www.abusix.com. This agreement governs the use of the service provided by Abusix (“Abusix”) to you (“You” or “The Customer”).

1. Definitions

2. Services

3. Customer Obligations

Information Sharing

Except as described in this Policy, Abusix will not give, sell, rent, or loan any personal information to any third party. We may disclose such information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law. Abusix may also provide non-personal, summary, or group statistics about our customers, sales, traffic patterns, and related Site information to reputable third-party vendors, but these statistics will include no personal information.

4. Fees

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.

5. Ownership

6. Confidentiality

7. No Warranty

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.

8. Indemnity

9. Term and Termination

10. Limitation of Liability

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.

11. General

12. Contact Information

If you have any questions regarding this Agreement, you may contact Abusix at [email protected]