Able Pear Software Terms of Use

This Web Site is owned and operated by Able Pear Software Incorporated ("Able Pear"). Please read these Terms of Use carefully before using ablepear.com ("Web Site"). Able Pear assumes that if you use this Web Site, you have read, understood, and agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use this Web Site.

This Web Site is provided for informational purposes only. Able Pear reserves the right to update or change these Terms of Use at any time and for any reason. If Able Pear makes significant changes to its policies, a notice will be posted on its homepage or alert you to such changes by other similar means. By continuing to use this Web Site, you agree to be bound by any such revisions, and therefore, you should visit this page of the Web Site periodically and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the bottom of this document.

Along with these Terms of Use, you should also read and be aware of the provisions of Able Pear's Privacy Policy, which discloses Able Pear's practices regarding the collection and use of your personal information, and other policies that govern this Web Site.

1. LEGAL NOTICES

Disclaimers: Able Pear attempts to ensure that all information provided on this Web Site is accurate and reliable, but errors may sometimes occur. All information, materials, services, and advice contained on or provided through the Web Site, including all text, graphics, links, animation, and "cookies," are provided on an "as-is" basis without any warranties of any kind, either express or implied.

To the maximum extent permitted by law, Able Pear disclaims all representations and warranties, express or implied, including, but not limited to: warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus strains, and implied warranties arising from course of dealing or course of performance.

Able Pear does not represent or warrant that the information (including, without limitation, information provided by a third party), materials, and services provided on this Web Site are accurate, reliable, complete, or current.

Limitation of Liability: IN NO EVENT SHALL ABLE PEAR, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES. IN NO EVENT SHALL ABLE PEAR, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OF INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ABLE PEAR IS ADVISED OF THE LIKELIHOOD OF POSSIBILITY OF THE SAME. IN NO EVENT IS ABLE PEAR LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.

PAYMENT BY ABLE PEAR OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF USE, AT LAW OR IN EQUITY, AND SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state.

2. INTELLECTUAL PROPERTY

Copyrights: All of the content included on this Web Site, including text, art, graphics, logos, button icons, images, pictures, audio clips, data compilations, and software (collectively "Content"), is the property of Able Pear, its members, partners, software suppliers, or content providers, and is protected by U.S. and international copyright laws. In addition, the compilation of all Content on this Web Site is the property of Able Pear and is protected by U.S. and international copyright laws.

Except as granted in the limited license below, you may not modify, reproduce, prepare derivative works, distribute, post, or transmit, in any form or by any means, any Content without the express prior written consent of Able Pear. Any unauthorized use may violate civil or criminal laws.

Trademarks: All trademarks, trade names, trade dress, graphics, logos, brand names, and service marks ("Marks") of Able Pear, whether registered or unregistered, are the property of Able Pear and are protected by U.S. and international trademark laws.
All other Marks appearing on this Web Site are the property of their respective owners, and are used with permission. Able Pear makes no representations about these other marks, their owners and their products or services.

Except as granted in the Limited License below, nothing contained on this Web Site should be construed as granting any license or right to use any Mark displayed on this Web Site without the express prior written consent of Able Pear or such third party that may own the Mark.

Software: Any software that is made available to download from Apple’s App Store or this Web Site ("Software") is the copyrighted work of Able Pear and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement that accompanies or is included with the Software ("License Agreement").

The Software is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ABLE PEAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limited License: As a user of this Web Site, you may download the Content, Marks, and other materials (collectively "Materials") on this Web Site solely for your personal, non-commercial use. No right, title, or interest in any downloaded materials is transferred to you as a result of downloading.

You agree not to change or delete any proprietary notices from Materials downloaded from this Web Site. Access to and the right to use this Web Site may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of this Web Site.

You may not use framing techniques to enclose any of the Materials on this Web Site, including images, frames, or layout/design found on any page of this Web Site without the express prior written consent of Able Pear.

You may link to the page www.ablepear.com ("Home Page") from your web site, weblog, or similar application, as long as: (a) the links redirect the user to the Home Page when the user clicks on them, (b) you do not insert any intermediate page, splash page, or other content between the links and the Home Page, (c) the linking does not suggest that Able Pear promotes or endorses any third party's web sites, products, or services, (d) you do not use any Materials for inappropriate commercial purposes, and (e) you provide attribution to Able Pear adjacent to the link. You may not link to any other part of this Web Site besides the Home Page. Able Pear reserves the right to alter or remove the content of this Web Site without notice. Able Pear also reserves the right to require that you cease linking to the Home Page at any time and for any reason.

This Web Site, or any portion thereof, may not be downloaded, modified, reproduced, retransmitted, distributed, disseminated, published, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express prior written consent of Able Pear.

Infringements: If you think that any of the information posted on this Web Site infringes a copyright, trademark, patent, or other right of another party, please contact us using the email form on the Contact Us page of this Web Site.

3. RESTRICTIONS, PASSWORDS, AND TERMINATION

You may not use this Web Site for any unlawful or prohibited purpose. This includes, but is not limited to: (1) use of this Web Site to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Web Site; (2) modifying, erasing, or damaging any information contained on the computer of any user connected to the Web Site; (3) reverse engineering any portion of this Web Site; or (4) use of this Web Site or Materials in any manner that is inconsistent with the limited license granted herein.

4. GENERAL LEGAL PROVISIONS

Third Party Links: This Web Site may include links or pointers to third party web sites that may include products, services, opinions, information, recommendations, or advice of various individuals, organizations, or companies. These links to third party web sites are provided for convenience only. Able Pear has no control or responsibility over these third party web sites. In providing such links, Able Pear does not represent that it has investigated the content of such third party web sites. Able Pear does not warrant or guarantee the completeness or accuracy of any content included on third party web sites nor does it sponsor, endorse, credential, or accredit any opinions, information, recommendations, or advice included on such third party web sites. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Able Pear encourages you to review the legal and privacy statements of all third party web sites and make your own decisions regarding any interactions or communications with those web sites.

Indemnification by User: You represent and warrant that you are at least 18 years of age and/or that you possess the legal right and ability to obligate yourself to these Terms of Use. You represent and warrant that you will use this Web Site in accordance with these Terms of Use and all applicable laws.

You agree to indemnify, defend, and hold Able Pear and its affiliates, business partners, officers, directors, employees, and agents, harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Web Site or breach of these Terms of Use. Able Pear reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Severability: If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

Governing Law and Jurisdiction: The use of this Web Site and these Terms of Use are governed by and construed according to the laws of the State of California without reference to its choice of law rules and provisions. The parties consent to the exclusive jurisdiction and venue of the courts of Santa Clara County, California.

International Laws: Able Pear makes no claims that the Content of this Web Site is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Assignment: Able Pear may assign its rights and duties under these Terms of Use to any party at any time without notice to you and/or your approval.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors, and assigns and you may not assign this agreement to any other party without the prior written consent of Able Pear. These Terms of Use shall be effective unless and until terminated at any time.

Notices: Questions or comments regarding this Web Site or these Terms of Use you should use the email form on the Contact Us page of this Web Site.

Last Update: April 5, 2009