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TERMS OF USE

Abunden Meets Inc (“Abunden,” “we” and “us”) reserves the right to modify these Terms of Use at any time without notification. Your use of the Abunden web sites, social media accounts, content and services owned or operated by Abunden now or in the future (collectively, “the Site”) binds you to these Terms of Use as modified by Abunden at any time, whether or not you have reviewed the changes. By using the Site after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.

SCOPE OF TERMS OF USE

Abunden provides software products and services (“Service”). By accessing the Site or using the Service, you agree to comply with and be legally bound by these Terms of Use, whether or not you become a user of the Service. These Terms of Use govern your access to and use of the Service and all Service content, and constitute a binding legal agreement between you and Abunden. These Terms of Use as well as Abunden’s Privacy Policy [Link] will apply to your use of the Site.

AUTHORITY

YOU ACKNOWLEDGE AND AGREE THAT, BY ENGAGING IN AN ACTIVITY VIA THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND RECEIVE THE SERVICE, WHETHER OR NOT YOU ARE A REGISTERED USER OR CUSTOMER. IF YOU ACCEPT OR AGREE TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY BY CONTINUED USE OF THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

PERMITTED ACCESSS

By using the Site, you represent that you are over 18 years old. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Abunden reserves the right to restrict your access to part or all of the Site (including any password-protected areas) at any time without notice or liability to Abunden.

THIRD PARTY INTEGRATIONS

Abunden may link to or offer third-party services on the Site or otherwise through the Service. Any purchase, enabling, or engagement of third-party services, including but not limited to implementation, customization, consulting services, and any exchange of personal data between you and any third-party service, is solely between you and the applicable third-party service and is subject to the terms and conditions of such third-party service. Abunden does not warrant, endorse or support third-party services and is not responsible or liable for such services or any losses or issues that result as your use of such services. If you purchase, enable or engage any third-party service for use in connection with the Service, you acknowledge that Abunden may allow providers of those third-party services to access your personal data used in connection with the Service as required for the interoperation of such third-party services with the Service. You represent and warrant that your use of any third-party service signifies your independent consent to the access and use of your personal data by the third-party service provider, and that such consent, use, and access is outside of Abunden’s control. Abunden will not be responsible or liable for any disclosure, modification or deletion of personal data resulting from any such access by third-party service providers.

PROPRIETARY RIGHTS

All trademarks, service marks, logos, trade names, and any other proprietary designations of Abunden used on or in connection with the Site, Service, and Abunden content are trademarks or registered trademarks of Abunden in the United States and abroad and are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Service and Abunden content, including all associated intellectual property rights, are the exclusive property of Abunden and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service, or Abunden content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Service, and Abunden content are used for identification purposes only and may be the property of their respective owners.

DISCLAIMERS

THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ABUNDEN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ABUNDEN MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ABUNDEN MAKES NO WARRANTY REGARDING THE SITE, SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR THE SERVICE. NEITHER ABUNDEN NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL ABUNDEN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABUNDEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ABUNDEN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR THE SERVICE INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE THE SERVICE AND IN CONNECTION WITH THESE TERMS OF USE, EXCEED (I) THE AMOUNTS YOU HAVE PAID OR OWE TO ABUNDEN IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS (US$100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE THE BASIS OF THE BARGAIN BETWEEN ABUNDEN AND YOU.

INDEMNITY

You agree to release, defend, indemnify, and hold Abunden and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Service, Abunden content, or your violation of these Terms of Use or (ii) your content.

PRIVACY POLICY

We are committed to protecting your privacy and security. We also have the right, but not the obligation, to monitor the information submitted through the Site to determine compliance with these Terms of Use, any other agreements between the parties, and compliance with any law, regulation or authorized government request. Please read our Privacy Policy [Link]

CONTACT

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Abunden (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

GOVERNING LAW

These Terms of Use will be governed by and construed in accordance with the laws of Texas. Accordingly, the laws of Texas will be used exclusively to construe, govern, and enforce these Terms of Use, excluding all conflict of laws rules. Except as provided in the INJUNCTIVE RELIEF section below, any action related to or arising out of these Terms of Use will be filed only in the Texas courts and you consent to the exclusive jurisdiction of the state and federal courts located in Texas.

INJUNCTIVE RELIEF

In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that Abunden will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Abunden may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the GOVERNING LAW section above, will apply the laws of its own jurisdiction in determining whether Abunden will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Abunden’s rights to relief either in law or at equity.

MISCELLANEOUS

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

ENTIRE AGREEMENT

Except as they may be supplemented by additional Abunden policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms of Use constitute the entire and exclusive understanding and agreement between Abunden and you regarding the Site and the Service, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Abunden and you regarding the Site and the Service.

GENERAL

The failure of Abunden to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Abunden. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

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