Terms of Use

THESE TERMS AND CONDITIONS OF USE ("Terms of Use") ARE LEGALLY BINDING BETWEEN YOU AND ABLE DIGITAL NA LLC ("we", "us", "our") THAT YOU FORM BY ACCESSING ANY AREA OF ABLE.DIGITAL OR ANY AREAS OF SITES THAT LINK TO THESE TERMS OF USE ("Website"). YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING CHANGES TO THESE TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES TO OUR TERMS OF USE.

THE WEBSITE IS NOT INTENDED FOR CONSUMER OR PRIVATE OR HOUSEHOLD PURPOSES, ONLY FOR BUSINESSES.

BY ACCESSING THE WEBSITE, YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.
WHO WE ARE AND HOW TO CONTACT US
Able Digital NA LLC is a company incorporated under the laws of the State of Delaware, USA. Our principal place of business is 1000 North West Street, Ste 1200, Wilmington, DE 19801.

To contact us, please email legal@able.digital or telephone our customer service line at +18554674501.
‍WE MAY MAKE CHANGES TO, SUSPEND OR WITHDRAW OUR WEBSITE
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
PROHIBITED USES
You may not use our Website to commit any violation of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, without prior notice to you, and we will co-operate with such authorities by disclosing your identity to them. In the event of such a violation, your right to use our Website will cease immediately. You are prohibited from violating, or attempting to violate, the security of our Website. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You must not use the Website for:

1. violating or in any way that violates any applicable federal, state, local, or international law or regulation
2. of overloading, "flooding," "mailbombing," or "crashing" any system, subsystem
3. accessing data or taking any action to obtain services not intended for you or your use;
4. attempting to probe, scan, or test the vulnerability of any system, subsystem, or network related to the Website or to any of our computers or computer systems;
5. tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures;
6. introducing or transmitting material that contains viruses, Trojan horses, worms, time bombs, logic bombs, cancelbots, or other technologically malicious or harmful computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing, a computer's functionality or the operation of the Website;
7. interfering with, intercepting, or expropriating any system, data, or information;
8. interfering with service to any user, host, or network including, but not limited to, by means of overloading, "flooding," "mailbombing," or "crashing" any system, subsystem, or network related to the Website or otherwise; and
9. attacking the Website via a denial-of-service attack or a distributed denial-of service attack.

FUNCTIONALITY DISCLAIMER
To the extent permitted by law, we do not guarantee that the functions contained in the Website will be uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if we are aware of them. You must configure your information technology, computer programs and platform to access our Website such as with your own virus protection software.DO NOT RELY ON INFORMATION ON THIS SITE
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
‍CONTENT
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to:

1. print individual pages, but not copy or download a large portion of the Website (e.g., no bots, webcrawlers, spiders, etc. that "harvest", copy or republish the Website).
2. download, print, distribute, and use pages from the Website for your personal informational, non-commercial purposes only.

We reserve the right to terminate all or any portion of the above license to you at any time in our sole discretion.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, retransmit or create derivative works based upon any information, content, or materials contained in the Website or any medium (including electronic or hard copy) without our express prior written consent.

You are prohibited from using data mining or any automated analytical technique aimed at analyzing material on our Website to generate information such as patterns, trends and correlations.

Any copies of documents or pages must not alter the original Website content and you must retain any copyright notices appearing therein. You must always acknowledge our status (and that of any identified contributors) as the authors of content on our Website. You may not frame this Website or any portion thereof.

You may link to this Website in a way that does not otherwise infringe upon our trademark interests, provided that (i) the link does not falsely imply or suggest that we have endorsed, or are affiliated with, the linked website, and (ii) you follow the "rules about linking to our site" which are stated below.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Nothing contained on the Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any intellectual property right of us or any third party, except as expressly provided above.

All notices of copyright infringement claims should be sent to legal@able.digital. It is our policy, in appropriate circumstances, to terminate repeat infringers.
TRADEMARKS
The trademarks, service marks, and logos of Able Digital NA LLC, and its affiliates, used and displayed on the Website are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on our Website should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without our prior written permission.COMPLIANCE WITH LOCAL LAWS
We control and administer our Website from our offices within the United States, and the Website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on the Website is accessible to users outside of the United States, We make no representation that the content of this Website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on the Website from locations where such content is illegal is prohibited. If you choose to access this Website from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this Website in violation of US export laws and regulations.WEBSITES WE LINK TO
We may provide links on the Website that allow you to connect with third party websites. We have no control over the contents of those sites or resources and we provide them to you for your information only. You access such sites at your own risk. We are not responsible for the contents of any linked site, nor does the appearance of a link imply our endorsement of them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
RULES ABOUT LINKING TO OUR SITE
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact legal@able.digital.
‍SUBMISSIONS
You grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform all submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to this Website and across different media ("User Material"). We will not be required to treat any such User Material as confidential. Further, We will be entitled to use any such User Material for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Do not submit User Material that is unlawful, defamatory, abusive, obscene, not in accordance with these Terms of Use, or that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). If you do, we assume no obligation to but shall be entitled to remove such User Material with or without notice to you.
PRIVACY
For an explanation of our policies related to the collection, use, and storage of information, please read our Privacy Policy and Cookie Policy.INDEMNIFICATION
You shall indemnify, defend, and hold harmless Able Digital NA LLC, its affiliates, officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees and expenses, resulting or arising from, or incurred in connection with, any violations by you of these Terms of Use.

LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

• USE OF, OR INABILITY TO USE, OUR SITE; OR
• USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.

IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

• LOSS OF PROFITS, SALES, BUSINESS OR REVENUE;
• BUSINESS INTERRUPTION;
• LOSS OF ANTICIPATED SAVINGS;
• LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
• ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

DISCLAIMER
THE WEBSITE IS PROVIDED BY ABLE DIGITAL NA LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITE. ABLE DIGITAL NA LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ABLE.DIGITAL DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF HARMFUL COMPONENTS.
SEVERABILITY
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
‍APPLICABLE LAW
These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Delaware. Any dispute arising from these Terms of Use shall be resolved exclusively in the state and federal courts in Wilmington, Delaware.

Effective Date: 1 January 2024