THIS IS A LEGALLY BINDING AGREEMENT BETWEEN ABUNDANCE INTERNET, INC. (“ABUNDANCE”) AND YOU (“YOU”) AND CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICES, AS THAT TERM IS DEFINED BELOW. The term “Services” means, collectively, all Abundance products, services and offerings, including but not limited to: (a) Abundance’s wireless internet services; (b) Abundance websites or networks, and; (c) any hardware, software and related offerings provided by or on behalf of Abundance. As a user of the Services you agree to these Terms of Service, including any Additional Terms, as defined below, and other terms, conditions, and policies that are incorporated by reference (collectively the "Terms" or “Agreement”). By ordering, accessing or using the Services in any way, you agree to be bound by the Terms. If you do not agree to the Terms, you may not access or use the Services. If you are agreeing to these Terms on behalf of a company or other entity, you represent that you have the authority to do so, and that such entity agrees to, and is hereby bound by the Terms, and in such a case the term “you” shall mean the entity, its affiliates, parents and subsidiaries. THIS AGREEMENT INCLUDES TERMS REQUIRING THAT ANY DISPUTE BE RESOLVED BY ARBITRATION THAT WILL BE BINDING ON YOU AND ABUNDANCE, AND ON AN INDIVIDUAL BASIS, AS OPPOSED TO: A TRIAL BY JUDGE OR JURY; LAWSUITS; JURY TRIALS, OR; CLASS ACTIONS, AS WILL BE FURTHER EXPLAINED BELOW.
BY USING OR REQUESTING ABUNDANCE SERVICES YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU CANNOT USE THE SERVICES. Additional Terms. The Services available from Abundance may have additional or different terms and conditions, such as end user license agreements, or other agreements or terms that apply to your access or use of such Services, including the terms and conditions applicable to software or hardware (hereinafter “Additional Terms”). In the event of a conflict or inconsistency between these Terms and such Additional Terms, the Additional Terms shall control with respect to your access and use of the particular service to which such Additional Terms apply. Your use of the Services is subject to the payment of all applicable fees. Term of Agreement. Abundance provides services for certain terms or on a month to month basis. Please see Abundance’s online product and service offering descriptions for more detail.
Limitations of Use of the Services. Customers may not resell Service without a legal and written agency agreement with Abundance. Customers may not retransmit the Service or make the Service available to anyone outside of its premises and may not use the Service to host any type of commercial server or to host a commercial offering. Prohibited uses of Services include, but are not limited to, the following: a) Using Services to engage in, undertake, accomplish, instigate, encourage or further any illegal or unlawful purpose or activity, including any and all illegal or unlawful purposes and activities that are not expressly described elsewhere in this Agreement; b) the Services are exclusively for your internal residential or business use and may not be re-sold or otherwise distributed outside your household or organization; c) Using Services in a manner that violates the rules, regulations, or policies established by or applicable to any non-Abundance network, server, database, or website that you access using Abundance’s Services; d) Using Services to perform, attempt to perform, encourage or enable unauthorized hacking of any kind, including: (i) breaching or circumventing the network security system of any host, network, server, database or user account, whether on Abundance’s networks or another’s network, without permission; (ii) initiating, performing, participating in or assisting in the performance of denial of service or DDoS attacks; (iii) using or distributing tools designed to circumvent or compromise network security, such as ransomware, spyware, malware, password cracking or network probing algorithms or analyzers, encryption circumvention devices, or Trojan Horse programs; e) Using Services to engage in, commit, encourage or further fraudulent activities or other deceptive practices, including identity theft, credit card fraud, forgery, or impersonation of any person or entity; f) Using Services in a manner that violates the intellectual property rights of any third party, including transmitting, reproducing, or distributing information, data, software or other material that is protected by copyright, trademark, patent, trade secret or other proprietary rights laws, rules or regulations without obtaining permission of the owner; g) Using Services in a manner that violates the privacy of others, including collecting or attempting to collect or disseminating personal information about third parties without their consent; h) Using Services in a manner that a reasonable person could deem to be offensive or objectionable, regardless of whether or not the use is lawful, including using Services to: (i) harass, annoy, or threaten others; (ii) transmit or disseminate material which a reasonable person could deem to be objectionable, defamatory, offensive, indecent, vulgar, hateful or otherwise inappropriate; or (iii) send or collect responses from unsolicited bulk communications (e.g., “spam”); i) Using Services in a manner that causes (or is likely to cause) performance degradation of Abundance’s network and/or inhibits, interferes with or impedes other authorized users of Abundance’s network from making normal and reasonable use of their Services, including the generation of excessive levels of network traffic, regardless of intent, purpose or knowledge.
Network Management. Abundance reserves the right to engage in reasonable network management practices, and to protect its systems or networks from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices may include, but are not limited to, the following: (i) data usage limits or charges; (ii) a modification of a customer's serving facility or service technology, and; (iii) a modification of or a limitation speed or data consumption. In the event that Abundance adopts a network management practice that will apply to your Service, we will provide you with a notice by posting on our website, or by bill insert, email, letter, and/ or other appropriate means, which describes the network management practice, explains how it could impact your Service. Additional information may be found on Abundance’s website. You must comply with all Abundance network, bandwidth, data usage limitations, if any. You must ensure that your use of the Service, including the amount of data sent or received in the course of a month or shorter periods, does not exceed the limitations that are now in effect or may be established in the future, if any. Continued use of the Service will constitute acceptance of any new limits. Abundance may, in its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher usage limitations if you wish to continue to use the Service at higher usage levels.
Fees and Service Charges. Your right to use the Services is conditioned upon you paying all applicable charges. Applicable charges may include monthly fees for Services and may include equipment charges, charges for wireless Services, maintenance and support, including those that may be identified at the time service is ordered. Additional charges or fees may apply for equipment. Abundance may, in its sole discretion, change or modify the rates you are charged for Services or equipment at any time. We may notify you of any such changes by posting notice of them on the Abundance website, by sending notice via email or postal mail, or by a bill message. Continuing to use the Service after notice of a change is acceptance of the change. If you do not agree to the change made by Abundance, you must stop using the Service and notify Abundance.
Payments. Abundance will bill you monthly in advance for all charges associated with the Services. Payment in full is due no later than the due date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these Services. Installation options may vary and may be subject to additional fees and charges. In order to utilize Services, you are required to supply the necessary minimum equipment and software that is compatible with the Services. If you have authorized payment by credit card or by debiting a bank account, no additional notice or consent is required before we charge the credit card or debit the bank account for all amounts due to us for any reason. Late payments and partial fees may be accepted, and such acceptance shall not cause Abundance to lose any of our rights under this Agreement. You agree to pay a reasonable handling charge of $25.00, or the maximum allowed by law, for all checks returned for insufficient funds, closed account, or any other insufficiency or discrepancy. Interest and/or a late payment fee at the rate of 1.5% per month or the highest rate allowed by law may be applied to any unpaid amount after the payment due date. This late payment fee will be in addition to and not in lieu of any other remedies we may have hereunder or under the law. If we do not receive notice of a payment dispute within 60 days after your receipt of a bill, the bill will not be subject to further challenge.
Termination by You. You may terminate the Service by giving thirty (30) days written notice to the address provided in the Notice section below or contacting Abundance if we do not remedy any ongoing breach of the terms and conditions in this Agreement within thirty (30) days from notice of such breach. Additional or different terms may apply to your Services at the time of offering or subscription.
Deletion of Data. You agree that if your Service is terminated for any reason, Abundance has the right to immediately delete all data, files and other information (including any emails, address book and/ or web storage content) stored in or for your account without further notice to you.
Service Speed and Availability. The Services are not available at all locations and may not be available at certain speeds at your location, even if service is offered in your area or our initial testing indicated that a particular speed or Service was available. Some installations may get inadequate results due to buildings, trees or other obstructions, or interferences that block the signal from the transmitting device to the building or home. Service may be subject to testing and qualification. Bandwidth speeds provided on Abundance’s website or materials or other communications with you reflect Service capability speeds in Service speed tiers. The Service tiers are usually denoted by a name, and by a number that identifies what is referred to as the high-end of the speed range in a Service tier represents the potential wired maximum speed capability in that Service tier but is not a statement or guarantee of the maximum speed you will receive. Some applications and uses do not require high speed service capability to function optimally, while other activities require higher speed services. The speed capability of the Service plan you purchase may not be suitable for some applications, particularly those involving high-bandwidth uses such as streaming video or video conferencing. Bandwidth is provided on a per account and not a per device basis. The maximum speed you will receive will depend on a multitude of factors, including, among other things: the distance of your premises from the nearest transmit terminal; the equipment in use and number of other users on the network you are connected to or the network; interference; the wiring inside your premises; and the capacity or performance of your computer, modem, router, or other devices. The speed you receive at a point in time may vary and may be less than your maximum speed, depending on, among other things, the composition of the information or files you are accessing, usage, and traffic on the network, the server with which you are communicating, and the networks you and others are using when communicating. Therefore Abundance makes no promise or warranty, express or implied, that you will be able to download or upload data at any particular speed. If you are dissatisfied with the speed of Service you are receiving, you must contact Abundance in writing, at the address identified in these Terms or our website, or by contacting our customer support team to give Abundance the opportunity to investigate and attempt to address any issues with the Service.
Electrical Power. The Service requires electrical power from your premises to operate and which you are responsible for providing. The Services will not be available in the event of an interruption of power, which will disrupt the Services as well as any additional services that use the Service connection, such as Voice over IP, and the ability to call 911 or other emergency numbers. Abundance will have no liability for loss of any Service(s) under any circumstances, including the interruption of customer supplied power, regardless of whether or not Abundance equipment has battery backup present.
Equipment. All equipment provided by Abundance or installed by or on behalf of Abundance remains the property of Abundance unless you purchase the equipment pursuant to an agreement with Abundance or a third party. Abundance may require you to return all Abundance- owned equipment in the same or substantially similar condition as when it was provided, and damage beyond normal wear and use will be your responsibility at the termination of your Service, in the form of a charge payable by you to be determined in accordance with Abundance’s then current equipment price list. You agree to pay such charge(s) even if the applicable equipment was lost, stolen, or otherwise, even if you are not required to return all components. Abundance is not obligated to remove or uninstall any equipment, antenna, cables, or other items. Except for the equipment and software provided to you by Abundance, you are responsible for providing all equipment, devices, and software necessary to receive the Services. Abundance is not responsible for providing any maintenance or support for any equipment or software that was not provided to you by Abundance. Abundance may charge a fee for the maintenance, support or repair of equipment.
Software and Ownership. Software related to the Services is owned by Abundance or its licensors and is licensed and not sold, and may be subject to Additional Terms or charges ("Software"). Abundance has the right to update, upgrade or modify Software, remotely or otherwise, and to make related changes to the settings and software on your computer or equipment, and you agree to permit such changes and access to your computer and equipment to allow the Services to be made available. Software may only be used in accordance with any applicable Additional Terms, including any applicable EULA or license from Abundance or a third party. You shall not install or use any Software in a manner not authorized by its applicable terms and conditions. Retention of Rights. You acknowledge that as between you and Abundance, Abundance owns all rights title and interests in and to the Services, including all Intellectual Property therein. Except as expressly granted in this Agreement, nothing in the Agreement will confer any license to any Abundance Intellectual Property by implication, estoppel, or otherwise. "Intellectual Property" means patents, copyrights, trade secrets, trademarks (including trade names, logos and service marks (collectively the “Marks”)) and know-how, in each case whether registered or unregistered, and including any application(s) for patents or registration for any of these, and the equivalent on a world-wide basis, and in each case all rights related thereto. You may not use Abundance’s Marks without written approval of Abundance. Warranties and Limitation of Liability
LIMITED WARRANTY. THE LIABILITY OF THE ABUNDANCE PARTIES OR OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR ANY APPLICABLE MONTHLY FEES, EXCLUDING ANY NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES, YOU HAVE PAID TO ABUNDANCE FOR THE SERVICE DURING THE SIXTY (60) DAY PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION.
EXCEPT FOR THE ABOVE LIMITED WARRANTY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. ABUNDANCE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY, THE "ABUNDANCE PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO COMMUNICATION OR INFORMATION GIVEN BY ABUNDANCE OR ITS REPRESENTATIVES SHALL CREATE A CONTRACT OR WARRANTY WITH RESPECT TO SUCH INFORMATION OR ADVICE PROVIDED UNLESS THERE IS A WRITTEN CONTRACT REGARDING SAME SIGNED BY AN AUTHORIZED ABUNDANCE REPRESENTATIVE.
ABUNDANCE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES CAN BE AVAILABLE OR PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF ABUNDANCE HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, SIGNAL AND CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR HARDWARE, SOFTWARE, TELEPHONE LINE, AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER OR DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT THE SERVICES ARE NOT AVAILABLE OR PROVISIONED FOR ANY REASON, NEITHER YOU NOR ABUNDANCE SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT, OTHER THAN YOUR OBLIGATION TO RETURN ANY ABUNDANCE-PROVIDED EQUIPMENT. ABUNDANCE DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY ABUNDANCE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR OTHER DEFECTS. ABUNDANCE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL THE ABUNDANCE PARTIES OR ABUNDANCE'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICES, OR RELIANCE ON OR PERFORMANCE OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF ABUNDANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL OF THE FOREGOING LIMITATIONS STATED IN THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
ALL LIMITATIONS AND DISCLAIMERS IN THIS SECTION ALSO APPLY TO ABUNDANCE'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS SUCH AS CONSUMER LAWS, WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH A CASE SOME EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Indemnification. You agree to defend, indemnify and hold harmless the Abundance Parties against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Services or the use of your Services by anyone else: (a) breach of any term or condition of this Agreement or violation of applicable laws, regulations; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with your use of the Service.
DISPUTE RESOLUTION WITH ABUNDANCE BY FINAL BINDING ARBITRATION.
YOU AND ABUNDANCE UNDERSTAND AND AGREE THAT THE ARBITRATION OF DISPUTES AND CLAIMS UNDER THIS AGREEMENT SHALL BE INSTEAD OF A TRIAL BEFORE A COURT OR JURY. YOU AND ABUNDANCE FURTHER UNDERSTAND THAT YOU AND ABUNDANCE ARE EXPRESSLY WAIVING ANY AND ALL RIGHTS TO A TRIAL BEFORE A COURT OR JURY REGARDING ANY AND ALL DISPUTES AND CLAIMS THAT THEY NOW HAVE OR MAY IN THE FUTURE HAVE THAT ARE SUBJECT TO ARBITRATION UNDER THIS AGREEMENT, PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT PROHIBITS EITHER PARTY FROM SEEKING PROVISIONAL REMEDIES IN COURT IN AID OF ARBITRATION INCLUDING TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, AND OTHER PROVISIONAL REMEDIES.
Arbitration Procedures. A demand for arbitration by either You or Abundance shall be filed and served on the opposing party within the statute of limitation that is applicable to the claim(s) on which arbitration is sought or required. Any failure to demand arbitration within this time frame and according to this Agreement shall constitute a waiver of all rights to raise any claims in any forum arising out of any dispute that was subject to arbitration to the same extent such claims would be barred if the matter proceeded in court (along with the same defenses to such claims).
Except as provided in this Agreement, any arbitration shall be administered by a single arbitrator approved by both parties pursuant to the Commercial rules of the American Arbitration Association applicable at the time of the Arbitration.
CLASS ACTION WAIVER: To the extent allowed by law, you and Abundance agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor Abundance will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Abundance acts or proposes to act in a representative capacity. You and Abundance further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, Abundance, and all parties to any such proceeding. The provisions of this section are to be enforced to the maximum extent legally available. Choice of Law and Venue. These Terms, and all related disputes between the Parties under or relating to these Terms, whether in contract, tort or otherwise, shall be governed by the laws of the State of California, without reference to conflict of laws principles, and all legal actions shall be brought in the court of competent jurisdiction within Ventura County, in the State of California (except that Abundance may bring an action for an injunctive relief or other equitable relief in any proper jurisdiction and/or venue). Except for the proceeding sentence, the Parties agree to exclusive jurisdiction in the venue agreed herein. The Parties hereby waive any claim of lack of jurisdiction or inconvenient forum within the venues and jurisdictions agreed to herein. Digital Millennium Copyright Act. Abundance is committed to complying with U.S. copyright and related laws and requires users of the Services to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is Abundance's policy in accordance with the DMCA and other applicable laws to reserve the right to restrict the use of or terminate Services provided to any customer who is either found to infringe third party copyright or other intellectual property rights, including alleged repeat infringers, or who Abundance believes in its sole discretion is or may likely be infringing these rights. Abundance may terminate the Service of any such customer at any time with or without notice. Copyright owners may report alleged infringements of their works that are committed using the Services by sending Abundance's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Abundance's receipt of a satisfactory notice of claimed infringement for these works, Abundance will take appropriate action. If the affected customer believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Abundance. Upon Abundance's receipt of a counter notification that satisfies the requirements of DMCA, Abundance will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Abundance will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send Abundance a notification of claimed infringement to report alleged infringements of their works to:
Abundance Internet, Inc. 2427 Sherwin AVE #14 8052222122 firstname.lastname@example.org
Copyright owners may use any form of notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Abundance, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material. If a notification of claimed infringement has been filed against you, you can file a counter notification with Abundance's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. Updates to the Services or Terms. Abundance may in its sole discretion modify, discontinue or limit access to the Services without notice. Abundance reserves the right to modify the Terms at any time at its sole discretion without notice. The most current Terms may be found by clicking on the Terms of Service link on Abundance’s website. Your continued use of the Services following any change in the Terms indicates your assent to the then current Terms. Abundance may terminate your right to use the Services without notice in the event you fail to comply with the Terms, including without limitation the Limitations of Use. Third Party Web Sites, Content, Products and Services. The Services may provide links to Websites and access to Content, products and services of third parties (“Third Party Content”), including users, advertisers, affiliates and sponsors of the Services. Abundance is not responsible for Third Party Content provided on or through the Services or for any changes or updates to same. THIRD PARTY CONTENT IS OFFERED AS-IS, WITH NO WARRANTIES, AND YOU BEAR ALL RISKS ASSOCIATED WITH THE ACCESS TO, AND USE OF, SUCH THIRD PARTY CONTENT.
Entire Agreement. The Terms, along with any Additional Terms, represent the final agreement between the parties regarding the subject matter, and supersede all prior or contemporaneous agreements, whether written or oral.