TERMS OF USE

1.  Terms of Use, Privacy Policy and Services Agreement.

Your access and use of this Web Site are also subject to and governed by the current version of our Privacy Policy, which is posted on the Web Site and included in this Agreement.  By accessing and using the Web Site, you agree that you have read and understand, and agree to be bound by, the Privacy Policy.

We may at any time, and at our sole discretion, update or change the Agreement without notice.  Any changes to the Agreement will be effective immediately upon the posting of the updated Agreement on the Web Site.

Therefore, please visit the “Terms of Use” and “Privacy” areas each time you visit the Web Site in order to familiarize yourself with the then current Agreement. When we make changes to this Agreement, we will revise the “last updated” date at the top of the Agreement.  Your access or use of the Web Site following the posting of the updated Agreement constitutes your agreement to be bound by, and to act in accordance with, the then current Agreement.

Any services or subscription you order through the Site are provided pursuant to the terms and conditions of the then current AskArabelle Services Agreement as posted on the Web Site (the “Services Agreement”).

2.  License to Use the Web Site

We are granting you a limited, personal, non-transferable license to use the Web Site.

You are only allowed to access the Web Site for lawful purposes.  Any action by you that we believe, in our sole discretion: (a) violates these Terms of Use or the Privacy Policy; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Web Site; or (c) through the use of the Web Site, abuses, defames, harasses or threatens another user of the Web Site, shall not be permitted.

You also may NOT:

use another’s account for the Web Site;

solicit for commercial purposes other users of the Web Site;

use the Web Site to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes;

use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;

distribute or upload viruses or any other code, programs or technologies that may harm the Web Site, or the interests, data or property of users of the Web Site; or

harvest or otherwise collect personal information about users, including e-mail addresses, without their consent.

You further agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (b) bypass any measures we may use to prevent or restrict access to the Web Site.

We may suspend or terminate your right to access or use the Web Site, or any plan or account you have for the Web Site, at any time, without notice, if you violate any of these restrictions or if we believe, in our sole discretion, that your activities create unacceptable legal risk, violate the Agreement or are jeopardizing or interfering with other users’ rights or the technical operation of the Web Site.

3. Availability and Operation of the Web Site

Your access to or use of the Web Site may be interrupted at any time, for any duration of time and for any reason.  We reserve the right to cancel, discontinue, suspend or interrupt availability of or access to the Web Site or any portion or feature of the Web Site at our sole discretion and without prior notice.

4.  No Representations or Warranties; Limitation of Liability.

We make no representation or warranty that the Web Site’s operation will meet the needs of the user.  Nor do we make any representation or warranty that access to the Web Site or its content, including any content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from interruptions, defects and errors, or that any interruptions, defects or errors will be corrected.  You understand and agree that we are not and will not be responsible for any costs, losses or damages for services, repairs or corrections that may be necessary for your computer equipment or software, or for any loss, corruption, damage or improper access to data, as a result of viruses, worms, Trojan horses, or other harmful components accessed via the Web Site or any other web pages or websites to which the Web Site is linked.

The Web Site contains our content and proprietary features, as well as information and content provided to us by third parties.  We make no warranties or representations about the accuracy, correctness, timeliness, usefulness or completeness of any of the content or information presented on the Web Site.  The content, information, advertising materials and other materials on the Web Site may have omissions and may contain errors, including technical inaccuracies or typographical errors.  We have no obligation to verify or maintain the currency of any content, information or materials presented on or through this Web Site.  It is your sole responsibility to independently evaluate the accuracy, correctness and completeness of the content, information and all other material presented on this Web Site as well as its suitability for your purpose.  THE WEB SITE, AND ALL CONTENT, INFORMATION, TOOLS, FUNCTIONALITIES AND MATERIALS AVAILABLE ON THE WEB SITE (INCLUDING ANY CONTENT, INFORMATION AND MATERIALS PROVIDED TO US BY THIRD PARTIES), ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND FREEDOM FROM VIRUSES OR HARMFUL CODE.  ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED.

WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AND THE CONTENT, INFORMATION, TOOLS, FUNCTIONALITIES AND MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE.  UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION PRESENTED ON THE WEB SITE, ANY COMMENTS, ACTS OR OMISSIONS OF OTHER USERS, OR ANY NEGLIGENCE, INFRINGEMENT, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT) ARISING OUT OF YOUR OR ANY THIRD PARTY’S USE OR THE INABILITY TO USE THE WEB SITE OR THE CONTENT, INFORMATION, TOOLS, FUNCTIONALITIES OR MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  THIS SHALL BE THE CASE REGARDLESS OF WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS PROVIDED IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

For representations, warranties, disclaimers and limitations of liability specifically applicable to services and subscriptions ordered through the Web Site, please refer to the current version of the Services Agreement as posted on the Web Site.

5.  Third Party Links and Third Party Products.

The Web Site may contain links to third-party sites that may include, but are not limited to advertisers and other third parties.  The presence of such links does not constitute an endorsement, recommendation, authorization, sponsorship or warranty, express or implied, by us of the content, products, services, opinions, advertisements, advice or other information provided by these third parties.  We do not author, control, monitor or edit these linked web pages or web sites.  We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability, timeliness or suitability of the content, product offerings, advertising, opinions, advice or other information provided on third-party web pages or web sites.  It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, reliability, timeliness and suitability of the content, information and all other material presented on any web pages or web sites which you access via links on the Web Site.  If you decide to purchase a product or service or use the information, advice or guidance provided on a third-party web site, you do so at your own risk.

We also make no warranty that links to third-party web pages or web sites will meet the needs of the user or that the content on linked web pages or web sites, including content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from defects and errors or that any defects or errors will be corrected.  ANY USE OF THIRD-PARTY WEB SITES AND WEB PAGES IS ENTIRELY AT YOUR OWN RISK.

In addition, any linked web sites or web pages may have privacy and security practices that very different from ours.  We have no responsibility for or control over such privacy or security practices or any third-party web site’s collection, storage, use or disclosure of information from you.  You agree that you have read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of any linked web pages and web sites.

6.  Policy on Linking to askarabelle.com.

We grant you the non-exclusive right to create a hypertext link to the home page of the Web Site, “http://www.askarabelle.com” www.askarabelle.com.  You understand that this right may be revoked at any time for any reason upon notice to you.  By exercising this right, you agree to the following:
The web site from which you are linking to askarabelle.com may not contain content that would violate any law or would likely be considered to be obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, or to encourage illegal activity of any kind.

You will not state or imply that you or any web site on which you place a link to askarabelle.com, or any of its pages, are endorsed by, sponsored by or affiliated or associated with askarabelle.com or AskArabelle LLC.  Nor may you make any representations or warranties, express or implied, with respect to the Web Site, or any statements that are inconsistent with this Agreement.
You will not change, modify or replicate the appearance or content of the Web Site.
You will not use any framing technique to enclose the trademarks, logos, images, text, layout or design of the Web Site, or any other intellectual property contained in the Web Site, without our prior written consent.

7.  Trademarks and Copyrights (Intellectual Property Ownership)

All material, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other material  contained in or appearing on the Web Site (collectively, “Content”), with the exception of User Content (as defined below), certain images and article content licensed from third parties as well as third-party names, marks, logos, symbols and product names used on the Web Site, is owned by and is the copyrighted material of AskArabelle LLC.  All Content is protected by applicable copyright, trademark and other intellectual property laws. AskArabelle LLC, askarabelle.com and the AskArabelle logo are service marks owned by AskArabelle LLC, and all goodwill arising from any use thereof shall inure to our sole benefit.  All other company names, marks, logos, symbols and product names on the Web Site are the trademarks, service marks or other intellectual property of their respective owners.  Nothing on the Web Site is intended to convey or suggest any association or affiliation with, or sponsorship or endorsement of us or the Web Site by, any such owners.

“User Content” refers, collectively, to any and all materials, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other materials posted to, uploaded to, submitted to or shared in any blog or other public forum or user content area on the Web Site or anything e-mailed to us.  You own and are solely responsible for any User Content you post, upload, submit, share or e-mail to the Web Site.  We do not approve or endorse any statements provided in User Content, and we do not control the quality of User Content.  We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability or timeliness of User Content, and we may choose to post, refuse to post, delete, remove or modify User Content at our sole discretion, without prior notice.

By providing User Content through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sub-licensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, broadcast and distribute the User Content in any form, in all media, anywhere in the world for any purpose, including for advertising or promotional purposes.   You also represent and warrant that you own or possess all rights to the User Content necessary to grant the license in the preceding sentence.
Except as specifically permitted in Section 2 (‘License to Use the Web Site”) and Section 6 (“Policy on Linking to askarabelle.com”) above, you may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (other than User Content you have submitted to us) without our prior express written permission.

8.  Copyright Policy

We respect the rights of all copyright holders, and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Web Site users 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 askarabelle.com’s Copyright Agent the following information required by the infringement liability limitation provisions of the Digital Millennium Copyright Act, 17 U.S.C. §512 (please see 17 U.S.C §512(c)(3) for further detail, or consult your legal counsel to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

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 on the Web Site;

Your address, telephone number and e-mail address;

A written statement that you have 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

A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

askarabelle.com Copyright Agent
PO Box 174
Concordville, PA 19331
Email:  copyrightagent@askarabelle.com

9.  Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates and each of our respective members, managers, principals, officers, shareholders, directors, employees, agents, contractors, business partners and service providers from and against all claims, suits, actions, losses, expenses, damages, penalties and costs, including reasonable attorneys’ fees, in any way relating to or resulting from any (1) actual or alleged violation of this Agreement, (2) use of the Web Site by you or any person using your password, (3) your actual or alleged failure to comply with any applicable legal or regulatory requirements, or (4) any damages, injuries, losses, claims or causes of action which may arise from any User Content provided by you.

10.  Reservation of Rights

Any rights not expressly granted in this Agreement are reserved by us.  We reserve the right to seek all remedies available by law and equity for any violation of this Agreement or our other rights under applicable law. We also reserve the right to notify and cooperate with appropriate law enforcement authorities in connection with investigating or prosecuting any suspected criminal acts.

11.  Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable.  Only that portion that is found to be unlawful, void or unenforceable will be removed from this Agreement.

No failure on our part to enforce strict performance of any part of this Agreement will constitute a waiver of any provision of, or any of our rights, under this Agreement.

We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers, or any other similar conditions beyond our reasonable control.  You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Web Site.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Web Site or sending an e-mail to you at any e-mail address furnished by you.  All notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:  AskArabelle LLC, PO Box 174, Concordville, PA 19331.  All notices regarding copyright issues shall be sent in accordance with our Copyright Policy as described above.

EXCEPT WITH RESPECT TO THAT BODY OF LAW RELATING TO CONFLICTS OF LAW, THE LAWS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF PENNSYLVANIA SHALL GOVERN THIS AGREEMENT. THE PARTIES AGREE TO SUBMIT TO JURISDICTION AND VENUE IN THE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CHESTER, AND IN THE U.S. DISTRICT COURTS LOCATED THEREIN.  This Agreement (including the Privacy Policy as posted on the Web Site) constitutes the complete agreement between you and us and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.  The indemnification, intellectual property ownership, limitation of liability, disclaimer of warranties, miscellaneous and such other provisions that, by their terms, should survive any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement. The headings and titles in this Agreement are for convenience only and shall not have any legal or contractual effect.

If you have any concerns, questions or feedback regarding this Agreement, please send them via e-mail to:  info@askarabelle.com .