We reserve the right, in Our sole discretion, to amend, modify or otherwise alter these terms at any time. Such amendments, modifications or alterations shall become effective immediately upon posting. Your continued use of this Web Site after We have posted notice of such amendments, modifications or alterations signifies Your acceptance to such amendments, modifications or alterations. Therefore, You are encouraged to review this Agreement regularly.
The goal of this Web Site is to provide You with access to information about A.B.A.T.E. of PA, services, and related links and to better educate You as to what activities and services A.B.A.T.E. has to offer. The terms are meant to protect all of our visitors to this Web Site, and your access to and use of this Web Site signifies Your agreement with these terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
USE OF THIS WEB SITE
We control and operate this Web Site. All of the content of this Web Site, including, but not limited to, text, photographs, images, illustrations and audio and video clips, is and at all times remains the sole property of A.B.A.T.E. of PA and those who give Us permission to show their photos and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights which are or may be governed by various local, state, federal or international laws and/or treaties. Content on this Web Site or any web site owned, controlled, operated or licensed by Us is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information or restrictions contained in this Web Site or in any web site controlled and operated by Us. You may download a single copy of any content contained on this Web Site solely for Your personal, non-commercial use, consistent with these terms, provided that You maintain all copyright and other notices contained in such content.
You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content of this Web Site in any way, including by e-mail or other means of electronic transfer, for commercial use without Our prior written consent. Further, You may not use any of the content of Our Web Site on Your web site, including, but not limited to, framing, deep linking, or other means of incorporation without Our prior written consent. You may request consent by faxing Your request to Our legal department at 717-731-8956. Include in Your request a specific listing of Your planned purpose for such use. We have the right, in Our sole discretion, to either grant or deny the request for any or no reason. Your use of the content for any purpose other than personal, non-commercial use, without Our express written consent, violates Our intellectual property rights and proprietary rights and is prohibited. Violation of any trademark or copyright laws may result in significant civil or criminal liability under the United States or international laws. You understand and agree that any reproduction or use of the content, except as authorized by these terms, is considered an intentional infringement.
In the event You are provided with a user identification number or code, confirmation number and/or password, as applicable, in the use of this Web Site, You shall maintain such user identification number, confirmation number and/or password in confidence, and You agree not to distribute or disclose the same to any third party. It is Your responsibility to notify Us if We need to change or discontinue any of Your identification numbers, confirmation numbers or passwords. It is also Your responsibility to immediately request discontinuation of an identification number, confirmation number and/or password upon Your knowledge or belief that such identification number, confirmation number and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your access to Our Web Site if We believe a breach of these terms has occurred.
By accessing and using Our Web Site, You represent, covenant and warrant that all information, data and materials hosted on and/or transmitted through the Web Site do not and will not violate any law or infringe on any legal rights. Furthermore, You agree not to engage, or assist others to engage, in using Our Web Site in connection with any illegal purpose including, but not limited to, the following:
a. Attempting to interfere with or compromise the operation of the Web Site in whole or in part, with any of the equipment hosting the Web Site, or intercepting, redirecting or interfering with messages or data intended for transfer to other parties;
b. Accessing, without authorization, any computers, accounts or networks or attempting to penetrate security measures (a.k.a. "hacking") and any other activity that might be used in an attempt to penetrate a system such as "stealth scans" or other information gathering activities;
c. Engaging in any activity, hosting or transmitting of data or other material that infringes upon or misappropriates intellectual property rights, such as copyright, trademark, trade secret, patent, privacy or publicity, moral rights, or other personal or proprietary rights. This also includes deleting or falsifying any author ownership attributions, legal notices or designations of origin in a file that You host or transmit;
d. Use of Our Web Site in any manner to transmit or store libelous, slanderous or defamatory statements or otherwise statements that constitute false or misleading indications of origin or statements of fact;
e. Using Our Web Site as a means to threaten, harass, stalk, or otherwise violate the legal rights of others;
f. Transmitting or distributing information regarding the creation and sending of files that contain a virus, worm, Trojan Horse, pinging, floating, mail bombs or denial of service attacks;
g. Using any robot, spider, intelligent agent, or other automatic device, or manual process to search, monitor or copy Our Web Site pages or the content without Our prior written permission, provided that generally available Web browsers such as Netscape Navigator® or Microsoft Internet Explorer® may be used without such permission;
h. Publishing, advertising, storing, posting, distributing or disseminating child pornography or obscene or other unlawful material or information;
i. Sending large volumes of unsolicited e-mails or materials, commercial or otherwise, including "spam" and other such unsolicited mass e-mails. This risks overloading Our system and has a negative impact on Our other Users or Our public image;
j. Attempting to decipher, decompile, disassemble or reverse engineer any of the software or the HTML code comprising or in any way making up a part of Our Web Site;
k. Violating any applicable federal, state, local or international laws, rules or regulations;
l. Engaging in activities, whether lawful or unlawful, that is designed to violate this Agreement or that We determine to be harmful to Our users, operations, reputation, goodwill, partners and/or affiliates.
J. Ordering tickets, products, memberships, or any item sold by Us with attempt to steal and/or not have sufficient funds to purchase such items.
INFORMATION POSTED TO THE WEB SITE
With respect to all information You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such information in whole or in part worldwide.
You acknowledge and agree that We may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the terms of this Agreement, respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Our elected or appointed officials, employees, affiliates, Users and/or the public or A.B.A.T.E. of PA.
You agree to at all times relieve, indemnify, protect and hold Us harmless and Our subsidiaries, affiliates or providers (including without limitation, A.B.A.T.E. of PA), and each of the foregoing party's elected or appointed officials, employees, agents, contractors, advisors, successors, and assigns, from any and all claims, awards, actions, administrative orders, consent agreements and orders, damages, liabilities and expenses, including attorney fees, in connection with use by Your or Your clerks, agents, contractors, employees, customers, guests and business visitors or invitees use of Our Web Site. You, to the extent of Your fault or negligence, or that of any of Your clerks, agents, contractors, employees, customers, guests and business visitors or invitees, assume full responsibility for any and all such claims, awards, actions, administrative orders, consent agreements and orders, damages, liabilities and expenses, including attorney fees. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate fully and pay for the entire amount spent in asserting any defense.
DISCLAIMER OF WARRANTIES
YOUR USE OF OUR WEB SITE IS SOLELY AT YOUR OWN RISK. ALL CONTENT OF OUR WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. OUR WEB SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT YOUR FREE USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE, DEFECT-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
Under no circumstances will We, our subsidiaries, affiliates or providers (including without limitation, A.B.A.T.E. of PA), and each of the foregoing parties elected or appointed officials, employees, agents, contractors, advisors, successors, and assigns, be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or inability to use the Web Site. This limitation of liability applies whether the alleged liabilities are based on contract, tort, negligence, strict liability or any other basis, even if advised of the possibility of such liabilities.
Communications to A.B.A.T.E. of PA via this Web Site shall in no way be deemed to constitute legal or official notice to A.B.A.T.E. of PA, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future cause(s) of action or for any other purpose against A.B.A.T.E. of PA its agencies, officers, employees, representatives or agents where notice is required by Federal, State or Local law.
GOVERNING LAW AND JURISDICTION
Excluding linked sites, We operate this Web Site from Our contractor's office within Pennsylvania, U.S.A. It can be accessed in all 50 states, as well as the United States several territories and from other countries around the world. Each of these places have laws which may differ substantially. By accessing and using Our Web Site, You agree this Agreement and Your use of Our Web Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, U.S.A. without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to the exclusive jurisdiction and venue in the Court of Common Pleas, Dauphin County, Pennsylvania for all disputes, cases, and controversies regarding this Web Site, Your use of this Web Site, and Your relationship with Us. We make no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from certain territories may be illegal or prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
All references made, and all nouns and pronouns used herein, shall be construed in the singular or plural, and in such gender, as the sense and circumstances shall require.
The section headings contained in this Agreement are for convenience and reference only, and are not intended to define or limit the scope of any provisions of this Agreement.
If any of the terms of this Agreement are held to be invalid or otherwise struck down, the remaining terms shall remain in full force and effect.
Nothing herein shall be construed as making Us an agent, employer, partner or joint venturer of or with You.
This Agreement represents the entire understanding between You and Us and contains all the conditions to which this Agreement is subject and supersedes any and all prior understandings, either oral or written, respecting the within subject matters.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
Last Modified: December 26, 2007.
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