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These Terms of Use were last updated on February 11, 2009.


PLEASE READ THESE TERMS CAREFULLY.

By using the ABC Club Web site (Web Site) at abcclubboston.com or www.abcclubboston.com or by otherwise accessing any content found on this Web Site, you are deemed to have entered into an agreement with ABC Club Boston and to have agreed to be bound by the terms set out below. If you violate any of the Terms your permission to use this Web Site automatically terminates. The Web Site is owned and operated by ABC Club Boston.


1. Definitions.

As used in these Terms:


  • "Web Site" means the abcclubboston.com Web site.
  • "We," "Our," "Us" and "ABC Club" refer to ABC Club Boston.

2. Changes to these Terms.

WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the Web Site. If you do not agree to be bound by changes to the Terms, you should not use the Web Site any further after the changes in question are published.


3. Use of ABC Club content.


  • 3.1. Material on the Web Site, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the "Materials"), is owned by ABC Club. Unless otherwise indicated on the Web Site, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission from ABC Club. Requests for permission for uses not authorized by these Terms may be sent to:

    info@abcclubboston.com


  • 3.2. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any meta tags or any other similar hidden text utilizing ABC Club's name.


  • 3.3. If you violate any of this Section 3, your permission to use the Materials and the Web Site automatically terminates.

4. Use Policies.


You may not do any of the following while using the Web Site:


  • interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through password mining or any other means;
  • interfere with another user's use and enjoyment of the Web Site;
  • intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of the Web Site.

5. Linking to the Web Site.


You may provide a link on your site to the Web Site subject to the following requirements:


  • You may not frame or alter the appearance or visual presentation of the Web Site.
  • You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless it is true and accurate. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your Web site or your goods and services, unless it is true and accurate.
  • We will have no responsibility or liability for any content appearing on your Web site. You agree to defend, indemnify and hold harmless ABC Club from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your Web site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as we may request.
  • You are prohibited from using the ABC Club marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of ABC Club.
  • We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Web Site from your site.

6. Links to Third-Party Sites.

The Web Site contains links to third-party Web sites. These links are provided solely for your convenience. They are not an endorsement by us of the contents of such third-party Web sites. We are not responsible for the content or practices of linked third-party sites. We do not make any representations or warranties about the content or accuracy of materials on such third-party Web sites or the practices of such sites. If you decide to access linked third-party Web sites, you do so at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies of any linked site, as the policies of the linked site may differ from those of this Web Site.


7. Submissions.

We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to ABC Club of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. ABC Club will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to ABC Club, including any confidential information or any original creative materials.


8. Indemnification.

You agree to defend, indemnify and hold harmless ABC Club from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your use of the Web Site or the Materials, material that you post to the Web Site or otherwise provide to ABC Club, or your breach or violation of these Terms. ABC Club reserves the right to defend any such claim, and you agree to provide ABC Club with such reasonable cooperation as it may request.


9. Disclaimer of Warranties.


  • 9.1. THE WEB SITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ABC CLUB WILL DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.


  • 9.2. You understand and agree that: (a) we are not responsible for the timeliness, misdelivery, deletion or failure to store any information submitted (or attempted to be submitted) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Web Site or the results of your use of the Web Site; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Web Site; (d) we may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the Web Site; and (e) the information on the Web Site may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.


  • 9.3. You understand and agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us.

10. Limitation of Liability

IN NO EVENT SHALL ABC CLUB OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE LICENSED MARKS, OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABC CLUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


11. Privacy Notice.

Be sure to check our Privacy Policy to understand our practices. The Privacy Policy is subject to these Terms and is incorporated by reference herein.


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