Effective June 1, 2018
Thanks for signing up for ABLE!! We are excited you are here, but first we have to get some legal stuff out of the way so you can be well on your way to sustainable growth in no time. Below are the rules for using ABLE. Please read them carefully.
These Terms and Conditions serve as an agreement between Ability Resources, Inc. (“Company”) and any person or business (each a “User” or “Client”) that accesses or uses the ABLE system. By using the ABLE system, you accept and agree to be bound by these Terms and Conditions.
In plain English, “We” are the Company and “You” are the “User” or “Client,” meaning the person or business accessing the “Website” (www.growwithable.com, www.able.accountants and my.able.accountants) and our services (“the ABLE system”).
Rules were meant to be followed. Don’t do anything illegal on the site and PLEASE don’t hack us! You shall not use the Website for any illegal purposes, and will use it in compliance with any and all applicable laws and regulations. You agree not to use the Website in a way that will cause interruption, damage, or render the Website less effective, efficient, or functional. You agree not to attempt any unauthorized access to any part or component of the Website.
The ABLE system and its content, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not delete or alter any copyright, trademark, or other proprietary rights notices from the Website or materials obtained via the Website.
Subject to these Terms and Conditions, you have a limited license to use the Website for personal and other lawful uses only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the proprietary content and materials on the Website. No right, title, or interest in or to the Website or its content is transferred to you, and all rights not expressly granted are reserved by the Company, its licensors, or other providers.
You are responsible for your account, the information in it, and keeping all of that safe. So create a tough password and don’t tell anyone! You are responsible for the accuracy, completeness, legality, safety, right-of-use, and confidentiality of the information contained in your account. Your account is not transferrable to another person or third party.
Your individual account must be associated with an organization registered with the ABLE system. You may lose access to your account at the discretion of the registrant organization at any time and without advance notice. You represent that you are legally authorized to use, share, and submit the data you submit to the ABLE system on behalf of yourself and your registrant organization, and that your use and submission of such data will not infringe upon or violate any law, regulation, or third-party right.
You agree to not use the ABLE system in any way that violates federal, state, local, or international laws or regulations. You agree to not use the ABLE system to transmit any unsolicited messages or advertising or promotional material to users who have not expressly agreed to receive such material. You agree to not engage in spamming or other impermissible advertising, marketing, or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, without limitation, the CAN-SPAM Act of 2003.
You agree to accept full responsibility for all activities that occur in or through your account. You further agree to not hold us responsible for any damages caused to you, your account, to a registrant organization, to the ABLE system, to third-party accounts, or to third parties, resulting in whole or in part from your submission of data to the ABLE system. See the Limitation of Liability/Indemnification section below.
Nothing in these Terms and Conditions is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).
Limitation of Liability/Indemnification
YOU AGREE TO BE FULLY RESPONSIBLE FOR, TO DEFEND AND FULLY INDEMNIFY US AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, AND EXPENSES (THAT INCLUDES LEGAL FEES), ARISING OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS OR USE OF THE WEBSITE BY YOU OR YOUR AFFILIATES, CLIENTS, OR ANY OTHER PERSON ACCESSING THE WEBSITE FROM YOUR COMPUTER, MOBILE DEVICE, OR ACCOUNT. WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, FOR NEGLIGENCE), OR OTHERWISE, FOR ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, OR OTHER COSTS (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, INFORMATION ON THE WEBSITE OR ON ANY LINKED-TO WEBSITES, OR ITS PRODUCTS OR SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We take the security of our Website seriously! We work with the global hosting platform Nexcess to protect the data on the Website. While no site can ever claim to be 100% secure, here are some details about our security:
- Managed server software and security updates
- Software application firewall
- Server security hardening and management
- Daily R1Soft full server backups
- Secure Socket Layer encryption on all Website traffic
- Encryption of password stored in the ABLE system
Termination or Modification of Service
We can shut down your account or accounts associated with a registrant organization at any time for any reason. But wait—so can you! Ability Resources, Inc. reserves the right to limit or terminate your access to the Website at any time in its sole discretion, with or without notice. We also may modify, withdraw, or amend the Website and any content, service, or product on the Website, at any time, in our sole discretion.
Third-Party Sites and Services
We do our best to make sure our stuff is safe and secure, but we can’t do that for everyone on the Internet. The Website may contains links to other websites. We are not in control of those sites and do not endorse the third-party content contained in and accessible from those links. We will not be held responsible for any information contained on these linked sites or the consequences of visiting these sites.
We respect the intellectual property rights of others. If you believe that any material on the Website infringes upon any copyright you own or control, in accordance with the Digital Millennium Copyright Act (“DMCA”), you may send a written notification of such infringement to us at:
Attn: Copyright Agent
Ability Resources, Inc.
9338 Olive Boulevard, Suite 200
St. Louis, MO 63132
Changes in Terms and Conditions
We reserve the right to change our mind, but don’t worry. We will tell you if we do. These Terms and Conditions may be amended from time to time, in our sole discretion. The most current version of these Terms and Conditions will nullify all previous versions. When we update or change these Terms and Conditions, we will post the new ones here, noting the date at the top of this page. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to any and all changes.
Governing Law and Forum
You agree that any disputes arising out of your use of the Website will be governed by the laws of the State of Missouri, USA and you and we consent to personal jurisdiction in federal or state courts of St. Louis County, Missouri, USA.
Class Action Waiver
You understand and agree that any proceedings to resolve or litigate any dispute relating to the ABLE system or your use of the ABLE system in any forum will be conducted solely on an individual basis. You agree that your dispute will not be heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
Have your people call our people. If you have questions, we are happy to answer them; in the event that we cannot, we will refer you to our attorney. If you have one of those too, perhaps it’s just best that they hash everything out.
Ability Resources, Inc.
9338 Olive Boulevard, Suite 200
St. Louis, MO 63132