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Terms of Use - CyberSure® Website
As a client of ABD Insurance and Financial Services, Inc. ("ABD"), your use of the ABD website and the information and materials provided herein are subject to the terms set forth below. Please read all of the terms carefully. By using this website and the accompanying materials you agree to the following terms for this use and any subsequent use. Property of ABD. ABD retains title to and ownership of all information, materials, data, forms, and intellectual property provided on this website (collectively, the "Material"), including, without limitations, all copyright, trade secret, and other proprietary rights in the Material. You agree not to remove from the Material any copyright notice, trademark notice, or other notice on the Material. Use. ABD is granting to you a license to use the Material solely for your internal use so long as you are a current client of ABD. You may not reproduce, republish, upload, post, transmit, or distribute any Material, except that you may make copies of the Material to use for internal purposes. In no event shall you create any derivative works of any Material. Confidentiality. You agree that the Material contains confidential and proprietary information of ABD and that you will use your best efforts to prevent and protect the contents of the Material from unauthorized disclosure or use. In addition, only your employees who have agreed in writing not to disclose confidential information of third parties may receive the Material. Termination. In the event you violate any of the terms contained herein, or in the event you are no longer a current client of ABD, your right to use the Material terminates. Upon such termination, you are either to return all such Material to ABD or destroy the Material, whichever ABD requests. Disclaimer. The material is provided "As Is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose or non-infringement, or warranties arising out of a course of dealing or industry practice. ABD assumes no responsibility for errors or omissions in this material. Limitation of Liability. In no event shall ABD be liable for any actual, special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with any use or performance of the material contained on this website. ABD's provision of this material is in consideration of this limitation of liability. No Assignment. You may not assign your rights and obligations to any third party hereunder without the prior written consent of ABD. For purposes herein, a transfer of a majority of your assets or any change in your control, is considered an assignment. Miscellaneous. These terms shall be governed by the laws of California without regard to its conflict of law rules. You consent to the personal and exclusive jurisdiction of the federal and state courts located in the County of Santa Clara, California. If any provision stated herein is held void or unenforceable, such provision will be treated as severable, leaving valid the remainder of the terms. If you do not agree to the foregoing terms, do not login, as you will not be allowed to access and receive the Material. By logging in, you are acknowledging that you have read all of the foregoing terms and agree to be bound by such terms when you use ABD’s website and Material. | |||||||||||||||||||||||||||||||||||||||||