User Eligibility; User Account; Contact Information.
Service Rules and Limitations.
You agree not to engage in any of the following prohibited activities in connection with our App:
- copying, distributing, or disclosing any part of our App in any medium, including without limitation by any “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time;
- transmitting unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our App;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could impair the proper operation of our App;
- uploading invalid or harmful data through our App;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity;
- bypassing any measures we may use to prevent or restrict access to our App; or
- decompiling or otherwise attempting to obtain the source code of our App.
The information provided to you by us in connection with our App (the “Content”) is our property of and/or proprietary to us. We hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license, solely for your personal or internal business use, to use our App and the services provided thereon. You may not duplicate, copy, resell, license, display, publish, or otherwise redistribute any portion of the Content or create derivative works from any materials or content accessible on our App. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark, or other proprietary right of ours. The Content may be provided to us by third parties and by governmental and/or regulatory agencies. While we take commercially reasonable steps to verify the validity of such data, we make no representation or warranty with respect to the accuracy, currency, or completeness of such third-party data.
Disclaimers; Restrictions; Indemnification.
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE APP AND PRODUCTS AND/OR SERVICES OFFERED, INCLUDING ALL CONTENT PROVIDED IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES, IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF OUR APP AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR APP OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OUR APP OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID TO ABACUS OVER THE PRECEDING THREE-MONTH PERIOD.