- that you are capable of entering into a binding agreement;
- these Terms constitute the entire binding agreement between you and ABATIX; and
- to be bound by these Terms.
The ABATIX Property, is owned, operated and maintained by ABATIX Corp. ("ABATIX"), including any divisions, affiliates and subsidiaries, and has been created for your information, education, entertainment and communication. The ABATIX Property and all perceptible components hereof, including without limitation text, images and audio, are copyrighted by ABATIX. You agree that you do not have any rights or ownership in the ABATIX Property.
Content on the ABATIX Property, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("ABATIX Content") is the property of ABATIX and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. ABATIX Content may not be used by you without the express written agreement of ABATIX.
Restrictions on Use
The ABATIX Property is available only for your legitimate business purposes and is subject to these Terms. You may not copy, reproduce, republish, post, distribute, transmit, link to or modify in any way all or any part of the ABATIX Property without ABATIX's expressed written approval.
Disclosure and Use of Your Communications
Postings to this site and electronic mail by you that is sent to ABATIX (“User Content”) are not confidential and ABATIX shall not be liable for any use or disclosure thereof. By sending User Content, you hereby:
- represent and warrant that you own the content submitted, displayed, published or posted by you on the ABATIX Property and otherwise have the right to grant the license set forth herein; and
- grant to ABATIX a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed.
Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to ABATIX or our initiatives (your “Ideas”). With respect to your Ideas, you acknowledge and agree that:
- ABATIX receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that ABATIX’s review of your Ideas is not an admission of novelty, priority or originality; and
- ABATIX’s use of any similar Ideas, whether based on your User Content, provided to ABATIX by third parties, or independently developed or considered by ABATIX, shall be without obligation to you;
- ABATIX does not warrant the accuracy of information obtained from the ABATIX Property;
- ABATIX does not endorse, verify, evaluate or guarantee the accuracy or reliability of the information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content; and
- any use or reliance on the User Content will be at your own risk and you are solely responsible for any such use or reliance.
You also agree that in sending User Content to ABATIX, you will:
- NOT post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by ABATIX;
- NOT impersonate any person or organization, including without limitation, the personnel of ABATIX, or misrepresent an affiliation with another person or organization; and
- NOT post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the ABATIX Property, or feature of the ABATIX Property.
The ABATIX Property, including the ABATIX Content and products referred to in this site are controlled, operated and available in the United States and may not be available or appropriate elsewhere. Your use of the ABATIX Property constitutes your acknowledgement of the foregoing restrictions and your acceptance of all the risks.
You agree to indemnify and hold ABATIX, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including that which may arise from the use of User Content.
THE ABATIX PROPERTY IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ABATIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ABATIX PROPERTY OR ANY INFORMATION OR SOFTWARE THEREIN. FURTHER, ABATIX DOES NOT WARRANT THAT THE ABATIX PROPERTY IS FREE OF COMPUTER "VIRUSES." SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including negligence, shall ABATIX be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, the ABATIX Property or your use of, or reliance upon, the ABATIX Property. In addition, ABATIX has no duty to update the ABATIX Property and ABATIX shall not be liable for any failure to do so. However, if ABATIX does update the ABATIX Property, which it has the right to do so at any time; it may do so with or without notification to you and without liability to you. Further, ABATIX is neither responsible nor liable for your use of other web sites which you may access via certain links within the ABATIX Property. These links and other "resources" referenced in the ABATIX Property are provided merely as a public service to users and inclusion in the ABATIX Property does not constitute an endorsement by or affiliation with ABATIX.
If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By accepting these terms, you irrevocably waive any right to a change of venue and agree that any action, proceeding or counterclaim, whether at law or in equity, brought by either party shall be governed by the laws of the State of Texas, USA. These Terms operate to the fullest extent permissible by law.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS SITE.