Terms of Service
By using the abtteen.com website (“abtteen” or the "Service"), a service of The Cramer Institute (“TCI”) and The Concept Farm (“TCF”), you are agreeing to be bound by the following terms of service ("TOS"). Any new features that augment or enhance the current Service, including the release of new TCI/TCF properties, shall be subject to the TOS.
TCI/TCF may update the TOS from time to time without notice to you. You can review the most current version of the TOS at any time at: http://abteen.com/terms.html. Continued use of the Service after any such changes shall constitute your consent to such changes.
In addition, when using particular TCI/TCF owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules, including but not limited to our Privacy and Spam Policy, are hereby incorporated by reference into the TOS. TCI/TCF may also offer other services that are governed by different Terms of Service.
User accepts responsibility for compliance with local laws. The Service is offered to you only if you are eligible to use the Service under the laws of the United States or any other applicable jurisdiction.
If you sign up for an abtteen account on the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and as prompted elsewhere on the Service. You also agree to maintain and keep this registration data true, accurate, current and complete.
You must not share your account with multiple people. Your account may only be used by you.
You are responsible for maintaining the security of your account and password. You are fully responsible for all activities that occur under your password or account. TCI/TCF cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You understand and agree that advertisements may be displayed to you while using the Service. You also understand and agree that the Service may include certain communications from TCI/TCF or abtteen, such as service announcements, administrative messages and newsletters. These communications are considered part of abtteen membership and you will not be able to opt out of receiving them.
Your use of the Service is at your sole risk. The service is provided on an "AS-IS" and "AS-AVAILABLE" basis. TCI/TCF assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user content, communications or personalization settings. TCI/TCF does not warrant any of the following: (a) that the Service will meet your specific requirements or the results obtained from the use of the Service will be complete, accurate or reliable; (b) that the Service will be uninterrupted, timely, secure or error-free; (c) that any errors in the Service will be corrected; or (d) that the quality of the Service or any products, services, information and other materials obtained by you through the Service will meet your expectations. Information and Content provided through the Service is for information purposes only and is not intended to be and should not be used for diagnosis or treatment of any kind. Additionally, the information may not always be accurate or up-to-date.
All information, data, text, music, sound, photographs, graphics, video, messages, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not TCI/TCF, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TCI/TCF does not guarantee the accuracy, integrity or quality of such Content. TCI/TCF will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to use the Service for lawful purposes only, and agree not to use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening or abusive, or invasive of any person’s privacy, including but not limited to: junk mail, spam, promotional materials and unsolicited advertising. You agree not to post advertising in any form without TCI/TCF’s express prior approval. You also agree not to make available any Content that you do not have a right to make available including content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including other users of the Service, are those of the respective author(s) or distributor(s) and not of TCI/TCF. Neither TCI/TCF nor any third-party provider of information guarantees the accuracy, completeness, quality, system integration or usefulness of any content, nor its merchantability or fitness for any particular purpose.
TCI/TCF neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized TCI/TCF employee spokespersons acting in their official capacities. Under no circumstances will TCI/TCF be liable for any loss or damage caused by reliance on information obtained through the Service. It is an individual user’s responsibility to evaluate the accuracy, completeness, quality, or usefulness of any information, opinion, advice or other content available through the Service.
You agree not to interfere with or disrupt the Service or servers or networks connected to the Service. You agree to not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, TCI/TCF, or any other TCI/TCF service. You agree not to transmit any worms, viruses or any code of destructive nature. You agree not to upload, post, host or transmit unsolicited email, SMSs or "spam" messages (the “Spam Policy”).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TCI/TCF.
You acknowledge and agree that abtteen.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: comply with legal process, enforce the TOS, to respond to your requests for customer service, or to protect the rights, property or personal safety of TCI/TCF, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred without encryption and thus could be eavesdropped upon or otherwise accessed by unauthorized parties. You acknowledge that the processing and transmission of Content may involve various networks as well as changes that may be needed to conform and adapt to the technical requirements of connecting networks or devices.
You agree to indemnify and hold TCI/TCF and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, upload, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and TCI/TCF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
TCI/TCF has no control over sites and resources on the World Wide Web to which links may be provided on the Service. You acknowledge that TCI/TCF does not endorse and is not responsible or liable for any Content, INFORMATION, advertising, products or other materials on or available from such sites or resources and TCI/TCF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available through any such site or resource.
You expressly understand and agree that in no event shall TCI/TCF or any person or entity involved in creating or managing the Service be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TCI/TCF has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
The TOS constitutes the entire agreement between you and TCI/TCF and governs your use of the Service, superseding any prior agreements between you and TCI/TCF (including, but not limited to, any prior versions of the TOS). The failure of TCI/TCF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
TCI/TCF may terminate this TOS at any time. Without limiting the foregoing, TCI/TCF shall have the right to immediately limit, restrict or forbid the use of the Service in the event of any conduct by you which TCI/TCF, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this TOS.
This TOS and any operating rules for the Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This TOS shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any dispute relating to this TOS shall be adjudicated exclusively in the state courts of the State of New York. Use of the Service constitutes a voluntary and knowledgeable waiver of any claim of forum non conveniens with respect to the exclusive fora and to lack of personal jurisdiction in the State of New York. Any part of these TOS found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these TOS will remain binding upon the parties.
TCI/TCF respects the rights of all copyright holders and in this regard, TCI/TCF has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TCI/TCF’s Copyright Agent with the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
The Concept Farm
43 West 24th Street
New York, NY 10010