myabui

myabui Terms of Use for site, and services

IMPORTANT: ABOUT TERMS OF USE

By utilizing this website and/or platform, you are agreeing to accept these Terms of Use.  These terms represent a legal agreement between you (an individual) (hereinafter referred to as “you” or “user”) and myabui llc, a Delaware limited liability company (hereinafter referred to as “myabui”).  By clicking the “Accept” button you acknowledge that you have read these terms and are agreeing to be bound by them.  If you are not agreeable to these terms, do not click the “Accept” button, and do not use this site or application.  myabui reserves the right to change these Terms of Use at its discretion.  It is your responsibility to check this site regularly as notice of changes will not be posted or messaged except as a revision to the terms linked on the main myabui web site.

MINIMAL AGE REQUIREMENT

Users of the site must be 13 years of age or older.  In addition, the site and service prohibits the application to be used in any way to solicit and/or collect information on children under the age of 13.

RIGHTS OF INTELECTUAL PROPERTY AND LICENSE TO USE

The content of the myabui site is protected intellectual property in which a proprietary interest is asserted by myabui or its licensors (including other users who post content to the site).  Such content is made available to you with all rights reserved respecting copyright or other intellectual property rights.  You are granted a limited license to access the site contents in accordance with these Terms of Use.  Such license is revocable by myabui at any time for any reason.  You agree that you are utilizing the site solely for the purpose for which it was created: to connect and communicate with individuals with whom you have an existing or pre-existing relationship.  You may view and utilize the application for your personal use. 

You also agree that you will comply with all applicable laws while using the site and its services.

You may not reproduce, duplicate, copy or use site content for commercial purposes; may not sell or sublicense site content; may not republish content from the site or application; may not reconfigure or edit corporate-owned content; may not duplicate or reverse engineer the myabui offering for your own corporate gain; may not sell, transfer or assign your myabui account; and may not remove proprietary notices and/or identifying marks.

You may not use the site or application to send unsolicited, misleading, obscene, abusive, promotional, inflammatory, deceptive, pornographic, libelous, defamatory, discriminatory, harassing, threatening, indecent, hateful, sexually explicit, or otherwise objectionable messages. 

myabui reserves the right, and may (in its own discretion) act to remove or edit, any user material that is posted or transferred via the site which is deemed questionable.

In addition, myabui reserves the right, and will act to suspend and/or delete user accounts which are party to the above-listed abuses and will take legal action when deemed necessary.

COMMUNICATION

You may elect to opt-out of receiving all but “network update” email communication from myabui.

You may elect to receive some messages sent to your mobile phone through the “notifiers” section of the myabui site.  You agree to promptly change the information regarding your mobile phone in the site if your mobile phone number changes so that the wrong person is not getting these messages sent to his or her phone.

COPYRIGHT PROTECTIONS

It is a violation of the myabui Terms of Use for you to post information which violates another’s intellectual property rights.  As such, myabui reserves the right to remove any such infringements and immediately terminate the account of any user violating this policy.  If you believe that your rights have been infringed upon by another user, you may contact myabui to report the infringement at which time myabui will initiate an investigation.

With respect to information, file uploads, messages, and other postings made by the user to or within the myabui site and application, the user hereby grants myabui a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable and sublicensable license to use, copy, publicly display, create derivative works of, distribute and publish such information, file uploads, messages and/or other postings at myabui’s discretion for any purpose whatsoever including advertising or other commercial purposes.  The user hereby represents that he or she has the authority to grant the aforesaid license to myabui.  Files which are uploaded to the site in the group file area may be removed by the user if he or she has permission to delete files in the applicable myabui group.  When users delete files in the group file area, myabui will stop publishing such files.  However, myabui may still retain archived copies of such files.

ADVERTISING ON THE SITE AND THROUGHOUT THE APPLICATION

You understand that the myabui site includes advertisements and that such advertisements allow myabui to continue to make a free service available. 

LINKS

You understand that the myabui site offers areas in which users are able to post links to other websites.  You understand that myabui is not responsible for the content on these other sites and if you choose to browse to any of these other sites it is at your own risk.

PRIVACY OF INFORMATION

All information provided by the user is governed by the myabui Privacy Policy.  By utilizing the myabui site and application, the user agrees to the myabui Privacy Policy, as well as these Terms of Use.  The user is solely responsible for keeping his or her account access information, including username and password, safe and confidential.

You are responsible for notifying myabui of any breach to the security of your identity on the site.  myabui is not responsible for damage done as a result of unauthorized access to user accounts.

NETWORK

You are prohibited from utilizing the site or platform in such a way which would intentionally or unintentionally cause damage or disruption to the service or its data. 

MISUSE OF PLATFORM

You may not use the site or platform for purposes related to marketing without the written consent of myabui.

You may not use the site or platform to send spam, either in bulk or individually.

INJUNCTIVE PROVISION

Violation of these Terms of Use and/or any violation of the intellectual property rights of myabui may result in the pursuit of injunctive relief in any applicable jurisdiction.

DAILY UPGRADES AND ADDITIONAL FEATURES

You understand that myabui will introduce new and/or enhanced features on a regular basis.  These updates will come without notice and as such, you understand you may be susceptible to partial and/or total loss of data.  You understand that the myabui site may at times be unavailable due to upgrades, system maintenance, backups, network outages, network congestion, human error, software or hardware malfunction or other technical issues.

LIABILITY STATEMENT

THIS SITE AND ALL ASSOCIATED CONTENT, DOWNLOADABLE PROGRAMS (INCLUDING, WITHOUT LIMITATION, THE DOWNLOADABLE OUTLOOK CONTACT IMPORTER PROGRAM) AND SERVICES (THE SITE ALONG WITH SUCH CONTENT, PROGRAMS AND SERVICES BEING HERINAFTER COLLECTIVELY REFERRED TO AS “THE MYABUI APPLICATION CONTENT”), ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  RESPECTING THE MYABUI APPLICATION CONTENT, MYABUI DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU AGREE THAT IN NO EVENT SHALL MYABUI OR ITS EMPLOYEES, LIMITED LIABILITY COMPANY MEMBERS, MANAGERS, LICENSORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF USE OF (OR INABILITY TO USE) THE MYABUI APPLICATION CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OPORTUNITIES, LOSS OF DATA, COST OF OBTAINING SUBSTITUTE SERVICES, OR DAMAGE DUE TO VIRUSES, UNAUTHORIZED ACCESS OR THEFT OF INFORMATION, WHETHER OR NOT MYABUI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE TOTAL AGGREGATE LIABILITY OF MYABUI AND ITS EMPLOYEES, LIMITED LIABILITY COMPANY MEMBERS, MANAGERS, LICENSORS AND AGENTS FOR ANY DAMAGES, LOSSES, COSTS OR CLAIMS ARISING OUT OF USE OF (OR INABILITY TO USE) THE MYABUI APPLICATION CONTENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, TORT OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED THE LESSER OF THE AMOUNT (IF ANY) PAID BY YOU TO MYABUI FOR SERVICES OR $1000.  IF THE CASE IS SUCH THAT YOU HAVE NOT PAID MYABUI FOR USE OF THE SITE OR RELATED SERVICES THEN YOU ARE LIMITED TO ONLY INJUNCTIVE RELIEF FOR CLAIMS REGARDING USE OF (OR INABILITY TO USE) THE SITE OR ANY ASSOCIATED CONTENT AND SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold myabui, its subsidiaries, affiliates, employees, limited liability company members, managers, licensors and agents harmless from and against any and all claims, damages, losses, costs, or expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with your use of the site or actions in connection with the site, information you post to or transmit through the site, your conduct with respect to other users of the site, or any violation by you of these Terms of Use, any applicable law or rights of any third party.

RIGHT TO AMEND TERMS OF USE

myabui reserves the right to modify and/or change these Terms of Use without advance notice by posting new versions of the Terms of Use to the myabui web site from time to time.  By your continued use of the myabui service, you hereby accept all changes made to these terms.

RESTRICTED ACCESS / RIGHT TO TERMINATE

myabui reserves the right to, without notice to the user, restrict or terminate a user’s access to the functioning application.

ASSIGNMENT

myabui may assign any or all of its rights and obligations under these Terms of Use.

GOVERNING LAW AND JURISDICTION

These Terms of Use and any dispute between the user and myabui relating to these Terms of Use shall be governed by the laws of the state of Delaware without regard to principles of conflict of laws.  The user and myabui agree to the exclusive jurisdiction and venue of the state and federal courts of Cook County in Illinois with respect to any disputes related to these Terms of Use and agree to bring all actions relating to these Terms of Use exclusively in the courts of Cook County in Illinois.  The user hereby consents to personal jurisdiction in the state and federal courts of Cook County in Illinois and hereby waives any defense for lack of personal jurisdiction, improper venue, or forum non conveniens in such courts.

GENERAL TERMS

These Terms of Use, combined with the Privacy Policy of myabui, constitute the complete agreement between the user and myabui.  This agreement supersedes all previous agreements between the user and myabui regarding the Terms of Use and Privacy Policy.  No modifications or submissions by the user regarding this agreement are valid unless myabui agrees to such modifications or submissions in a writing on paper hand-signed by a duly authorized officer of myabui.  No additional waivers, representations, or consents regarding the subject matter of these Terms of Use shall have legal effect unless made in a writing on paper hand-signed by a duly authorized officer of myabui.  The failure of myabui to act with respect to any breach or violation of these Terms of Use by you or any other user shall not be deemed to waive any provision of these Terms of Use or impair myabui’s right to take action with respect to similar breaches or violations in the future.  If any provision of these Terms of Use is found to be unenforceable, void, invalid or unlawful under the laws of any jurisdiction then such provision shall be considered severable from the remaining provisions and the remainder of these Terms of Use shall continue in full force and effect.  The finding of any provision of these Terms of Use unenforceable, void, invalid or unlawful in any jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

CONTACT INFORMATION

myabui
1952 McDowell Rd., suite 302
Naperville, IL 60563