TERMS AND CONDITIONS
OF USE
Please carefully read these terms
and conditions before using any part of the AdaptiBar website. By using the
AdaptiBar site you indicate your agreement to these terms and conditions. If
you do not agree to these terms and conditions, you should not subscribe to any
service or product available on the AdaptiBar site and should exit the site.
Copyright © 2004 AdaptiGroup LLC.
All rights reserved. No part of the material protected by this copyright may be
reproduced or utilized in any form or by any means, electronic or mechanical,
including photocopying, recording, broadcasting, or by any information storage
and retrieval system, without permission in writing from AdaptiGroup LLC. This
site is the property of AdaptiGroup LLC and is protected by United States
and International Copyright laws. Windows® is a trademark of Microsoft
Corporation. All trademarks referenced are the trademark, service mark and/or
registered trademark of the respective holders. All domain names are the sole property
of their respective owners. No affiliation with, endorsement of, or sponsorship
by AdaptiGroup LLC should be inferred.
When subscribing to an AdaptiBar
service or product, you are granted a license to access and use the study tools
in the subscriber portion of the AdaptiBar site. The license accompanying each subscription extends to personal use
only. You may not transmit, copy, display, or otherwise relate any information
from the subscriber portion of the AdaptiBar site to any other individual or
group. In addition to any consequences arising from violation of
copyright law or other laws, such actions provide grounds for AdaptiGroup LLC
to terminate your account with no refund.
You may not modify the AdaptiBar
site. You may not use the site in any manner that infringes the rights of any
person or entity. You may not link, upload, post or transmit any illegal,
obscene, offensive or otherwise inappropriate material to the AdaptiBar site.
You agree to indemnify AdaptiGroup LLC from any damage, loss, cost or expense
which may be incurred by AdaptiGroup LLC as a result of the material you link,
upload, post, or transmit to the site. AdaptiGroup LLC has no duty to review or
edit materials submitted by users. Any such materials may be removed by
AdaptiGroup LLC at any time for any reason.
You
agree that subscribing to AND accessinG any study tool ON THE ADAPTIBAR SITE
makes you ineligible for a refund, unless you meet all requirements of the
AdaptiBar Satisfaction Guarantee AS IT IS stated on the AdaptiBar site at the
time of your enrollment. No subscriptions, services or products
available on the AdaptiBar site are subject to a free trial period unless
otherwise expressly stated by AdaptiGroup LLC.
AdaptiGroup LLC has no objection
to links made from other sites to the AdaptiBar site, provided that such links
may only be to the homepage of the AdaptiBar site. You also agree to comply
with the following requirements: You may not frame or alter the appearance of
the AdaptiBar site. You may not state or imply that AdaptiGroup LLC endorses,
sponsors or otherwise approves your site or any other sites. You may not use
any AdaptiBar trademarks or logos without the prior written consent of
AdaptiGroup LLC. In view of the dynamic nature of the Internet, and the possibility
of updates and changes, we request that your link enter our site at the home
page. You must abide by all of the other AdaptiGroup LLC terms and conditions
of use set forth above. For example, you may not reproduce or host AdaptiBar
content on your website.
Any software available on or
through the AdaptiBar site may not be resold, decompiled, reverse engineered,
disassembled, or otherwise converted to a human readable form. The United
States Export Control laws prohibit the export of certain software and
technical data to certain territories. Under the United States Export Control
laws, software and other materials from the site may be subject to export
controls imposed by the United States and may not be downloaded or otherwise
exported or reexported (1) into, or to a national or resident of any country to
which the U.S. has placed an embargo, including but not limited to Cuba, Iran,
Libya, North Korea, the Sudan, Syria, the Taliban of Afghanistan, or (2) to
person or entity on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
AdaptiGroup LLC and its employees,
agents, licensors and contractors will not be liable or responsible for any
direct, indirect, consequential, incidental, or punitive damages or injuries,
including but not limited to mistakes, defects, omissions, errors,
typographical errors, omissions, interruptions, delays in transmission,
viruses, delays in operation, and deletion of files caused by a user's reliance
on or use of any information, service or merchandise provided on or through the
site, or any failure of performance caused by or arising out of use of or
access to any content or information contained in the site, or the content of
any other site hyper-linked to the site, even if AdaptiGroup LLC is negligent
and has been advised of the possibility of such damages.
AdaptiGroup LLC and its employees,
agents, licensors and contractors will not be liable or responsible for any
direct, indirect, consequential, incidental, or punitive damages or injuries
caused by a user’s inability to access or use the AdaptiBar site or any of its
contents for any reason, including but not limited to network outages and
installation of software upgrades, even if AdaptiGroup LLC is negligent and has
been advised of the possibility of such damages. You agree not to seek a refund
of any subscription payment, even if you are unable to access or use the
AdaptiBar site or any of its contents on one or more occasions.
The above limitations on liability
may not apply to the user where applicable law does not allow for such
limitations. Any action on any claim against AdaptiGroup LLC must be brought by
the user within one (1) year following the date the claim first accrued, or
shall be deemed waived.
AdaptiGroup LLC is free to use any
comments, suggestions, ideas, or other information contained in any
communication sent to the AdaptiBar site, or to any site or address owned by
AdaptiGroup LLC that was reached by means of a link provided on the AdaptiBar
site. Should you send any unsolicited comments, suggestions, or ideas, you do
so with the understanding that no additional consideration of any sort will be
provided to you, and that you waive any claim against AdaptiGroup LLC and its employees,
agents, licensors and contractors regarding the display, copying, and
transmission of such comments, suggestions, or ideas.
The site may link to sites not
maintained or related to AdaptiGroup LLC. Hyper-text links are provided as a
service to users and are not sponsored by or affiliated with the site or
AdaptiGroup LLC. AdaptiGroup LLC has not reviewed the sites hyper-linked to or
from the site and is not responsible for the content of any other sites. The
links are to be accessed at the user's own risk, and AdaptiGroup LLC makes no
representations or warranties about the content, completeness, or accuracy of
these links or the sites hyper-linked to the site.
THE MATERIALS, SERVICES, AND
INFORMATION IN THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. Any offers set
forth on the site are void where prohibited.
The terms and conditions set forth
in the site are governed and interpreted under the laws of the State of Illinois, United
States of America, without giving effect to
its conflicts of laws provisions. If any portion(s) of the terms and conditions
is deemed unlawful, void, or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of any remaining
provisions. AdaptiGroup LLC can, at its sole discretion, replace or amend such
provisions. AdaptiGroup LLC reserves the right to revise the terms and
conditions at any time without any notice, for any reason whatsoever by
updating this posting. Users are bound by any such revisions, and should
periodically read and review the terms and conditions. AdaptiGroup LLC may make
changes to the site at any time.