Terms of Use
OVERVIEW
This website (the “Site”) is operated by AbleNet, Inc. Throughout the Site, the terms “we”, “us” and “our” refer to AbleNet, Inc. AbleNet, Inc. offers this Site, including all information, products, tools and services available from this Site (collectively, the “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Use (“Terms”) are by and between you and AbleNet, Inc., and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Services (“Organization”). By accessing or using the Services, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization. These Terms of Use apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our Site. By: (i) accessing or using the Services, including visiting our Site or making a purchase, or (ii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or checkbox when prompted, you accept and agree to be bound and abide by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Site or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site, effective as of the “Last Updated” date above. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. If you do not meet all of these requirements, you must not access or use the Services. Those who choose to access the Services from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, personal right to access and use the Services, during the Term, solely and strictly in accordance with these Terms for lawful purposes on behalf of yourself or your Organization. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms. You are not in any way authorized by the license granted hereunder, or these Terms, to exploit the Services to compete with our business.
From time to time, we may restrict users’ access to some parts of the Services or the entire Services. We make no guarantees regarding uptime, availability, or access to the Services. You are responsible for: (i) making all arrangements necessary for you to have access to the Services, including your internet connection and internet stability; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them. We may block, limit or terminate your access to the Services if: (a) you violate these Terms; (b) you violate any applicable law, rule, or regulation relating to your use of the Services; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, defamatory, or otherwise harmful to us or others; or (d) you breach any other agreement with us or any other person.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.
You acknowledge that, as between you and AbleNet, Inc., AbleNet, Inc. owns all right, title, and interest, including all intellectual property rights, in and to the Services, including all software, hardware, firmware, and derivatives of the same, and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, name, image, and likeness, and trademarks.
ABLENET, INC.’S NAMES AND LOGOS AND ALL RELATED PRODUCT AND SERVICE NAMES, DESIGN MARKS, AND SLOGANS, INCLUDING ABLENET®, QUICKTALKER FREESTYLE™, ABLECARE™, ABLEU™, ABLESAFE™, ABLESTRONG™, SIDECLICK™, AND BENEFIT CHECK™ ARE THE TRADEMARKS OR SERVICE MARKS OF ABLENET, INC. All rights are reserved.
You are not authorized to use any AbleNet, Inc. name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of AbleNet, Inc. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Site are the property of their respective owners. The entire contents and design of the Site are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on or in the Services, including any and all technology, code, or design related to the Services, are either owned by AbleNet, Inc., are licensed to it, or are used with permission. AbleNet, Inc. and its licensors, vendors, or other service providers retain and reserve all intellectual and proprietary rights to the Services.
The Services are only for your personal use. You are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from AbleNet, Inc. or the intellectual property holder is prohibited. Please use the contact information below if you desire such permission or need more information.
You are solely responsible for any liability associated with your use of the Services. You shall not, and are not authorized to, use the Services in any manner that violates any person’s rights or any applicable law.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
In order to access the Services, you may be required to create an account with us that may include choosing or agreeing to an account name and setting a password. When you do so, the information you provide us must be accurate, complete and up-to-date. When registering with us, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your user account, you may not have access to or be able to view or use all of the functions or features of the Services.
You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to us using the “Contact Information” details below. You will be held liable for losses incurred by us, or any other user of the Services, due to someone else using your password or account. You shall not use anyone else’s password or account at any time. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 – PRODUCT LISTINGS
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right at any time and without notice to update product information and to correct or remove product-related errors, inaccuracies, or omissions. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. The documentation included with any products does not form a part of these Terms.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In order to purchase a product via our Site (“Purchase”), you may be asked to supply certain relevant information, including your wiring details, credit or payment card number and expiration date or similar payment information, your billing address, and email. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Purchase and that you have all authority necessary to make the Purchase using the credit card or payment mechanism that you submit. By submitting such information, you grant AbleNet, Inc. the right to provide such information to third parties for the purposes of facilitating your Purchase. You acknowledge and agree that AbleNet, Inc. is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your access and use of the Services, including your creation of an account with the Site, is subject to our Privacy Policy. Please carefully review our Privacy Policy. You agree that the collection, use, and disclosure of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AbleNet, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IN NO EVENT SHALL ABLENET, INC.’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS PURCHASED FROM ABLENET, INC. IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless AbleNet, Inc., affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
AbleNet, Inc. is based in the United States and our offering of the Site is not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Site may result in the transfer of your information to servers located in the United States. If you access the Site from outside of the United States, you consent to all such transfers. You also do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Site or any of its content complies with any laws outside of the United States.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
SECTION 18 - GOVERNING LAW
These Terms shall be construed and governed in accordance with the laws of the State of Minnesota, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms shall be brought in the federal or state courts located in the City of Minneapolis, State of Minnesota. You hereby agree to personal jurisdiction and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
SECTION 19 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
AbleNet, Inc.
2625 Patton Road
Roseville, MN 55113-1308
Toll Free: (800) 322-0956 (US & Canada)
Phone: (651) 294-2200
Email: customerservice@ablenetinc.com