USER AGREEMENT
 

The following describes the terms on which Ablewise.com offers you access to our services.


Introduction

Welcome to Ablewise.com. By using the services on the Ablewise.com websites (Ablewise.com and other related websites where this agreement appears) (the "Sites", "We", "Us"), the user ("You") is agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with Ablewise.com and the general principles for the websites of international partners.

Before you may become a member of Ablewise.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Ablewise.com-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on January 1st, 2007, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on September 12, 1999.


Using Ablewise.com

While using the Sites, you will not:

* post content or items in an inappropriate category or areas on the Sites;
* violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
* use the Sites if you are not able to form legally binding contracts, are under the age of 16, or are temporarily or indefinitely suspended from our Sites;
* post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
* take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Ablewise.com);
* transfer your Ablewise.com account (including feedback) and User ID to another party without our consent;
* distribute or post spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm Ablewise.com, or the interests or property of Ablewise.com users;
* copy, modify, or distribute content from the Sites and Ablewise.com's copyrights and trademarks; or
* harvest or otherwise collect information about users, including email addresses, without their consent.


Abusing Ablewise.com

Ablewise.com and the Users work together to keep the Sites working properly and safe. Please report problems, offensive content, and policy violations to us.

Ablewise.com works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please contact us and we will investigate.

Ablewise.com will not be held responsible for any ads, pictures, names and/or information fallaciously used by users, or which are copyrighted.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.


Fees and Services

All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)


'No-Refund' Policy

You agree that when you purchase any product, service or subscription from us, you are not eligible for any refund (partial or in whole) for early termination, cancellation or non-usage.


Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)


Liability

You will not hold Ablewise.com responsible for other users' actions or inactions, including things they post. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.


Access and Interference

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Ablewise.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Ablewise.com and the appropriate third party, as applicable;
* interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
* bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.


Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Ablewise.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Ablewise Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.


Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.


No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


Notices

Except as explicitly stated otherwise, legal notices shall be served on to the email address you provide to Ablewise.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.