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ABS LLC - Terms & Conditions
Specialized - Technical - Targeted.
Acknowledgment and Acceptance of Terms of Service
Alliance Business Translations, Division of Alliance Business Solutions LLC ("Service"), owned and operated by Alliance Business Solutions. ("ABS"), is provided to you ("User"), under the terms and conditions of this ABS Terms of Service ("ABSTS") and any operating rules or policies that may be published by ABS. The Alliance Business Solutions Terms of Service comprises the entire agreement between User and ABS and supersedes all prior agreements between the parties regarding the subject matter contained herein. By using the Service, you are confirming your agreement to be bound by all of the terms and conditions of this ABSTS. It is understood and agreed that an e-mail/online version of these ABSTS shall have the same legal effect as the original.
Description of Service Rendered
ABS provides the User with a medium to order and purchase translation services as needed by the User. This service is provided via visiting our Local Offices, via Mail or the Internet. ABS services are provided on an "AS IS, AS AVAILABLE" basis. ABS makes no guarantee of availability of the ABS services and will not be held responsible for data loss or interruption of service of any kind.
Description of User
"User" refers to any individual, company, government agency, organization or other entity who directly or indirectly uses the Service for the purpose of exploiting the services provided under the Alliance Business Solutions Terms of Service.
The products and services provided by ABS are available only to individuals who are of legal age and who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, ABS products and services are not available to minors. You, the User,. are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to purchase from ABS or access our services. ABS may in our sole discretion add, delete or change some or all of our services at any time.
Acceptance of Purchase Orders
The User acknowledges that ABS has the right, at its sole discretion, to deny access to the User to any of the products and services available through ABS and to refuse the offer of the User to purchase any ABS product or service. Upon completion of the purchase order, and for ABS to accept such order, the User hereby represents and warrants to ABS the following:
1. The User is 18 years of age or older and is of sound mind and capacity and is willing and able to be bound by the terms hereof.
2. All personal information provided by the User on the Purchase Order, including, without limitation, the User's name, physical address, email address and payment information is true and correct in all respects.
3. The User is making payment of the purchase price for the services with a valid credit card, company check or cash issued in the name of the User and the User's the true and lawful holder of the said credit card.
4. The intended recipient of the Services to be purchased by the User has a valid email address and has access to the Internet.
5. The User acknowledges that ABS, its directors, officers, employees, vendors, service providers and agents will rely on the accuracy and truthfulness of the forgoing representations and warranties and the statements made in the Purchase Order in making a determination to accept the Purchase Order, and further acknowledges that the Purchaser may be liable to ABS and such other parties referenced herein for any and all losses or damages suffered by them in connection with or as a result of any misrepresentation or breach of a warranty by the User.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of ABS, its affiliates or any third party.
Obligations of ABS upon acceptance of Purchase Order
1. Provide Confirmation of Order (Confirmation).
2. Coordinate the Translation Process.
3. Put forth reasonable efforts to ensure the quality of the Services, however ABS makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does ABS make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.
4. ABS will send completed Service to either the Recipient's mailing address or e-mail address provided based on the recipients request. The User acknowledges that ABS can not guarantee the delivery date, and cannot guarantee delivery, unless specified during the contracting. ABS will make at most three (3) attempts to deliver the Product/Service to the User at the mailing address or e-mail address specified by the User in the Purchase Order. If, after three (3) delivery attempts, ABS is unable to deliver, ABS will attempt to notify the User at the User's email address that the delivery attempts were returned as undeliverable. ABS will not be responsible if the User does not receive the product/Service; provided that ABS follows the procedures set forth above. If the User does not respond within seven (7) days following the date of ABS notification to the User of ABS inability to deliver the product/Service, ABS will destroy the undeliverable product purchased by the User. During these 7 days the User is responsible for providing ABS with new delivery information, by mail, fax or contacting ABS at firstname.lastname@example.org. ABS service fees are non-refundable . We will make an attempt to the best of our ability to ensure that you are 100% satisfied with your delivered materials by performing corrections/patching the project as needed in a reasonable amount of time.
Obligations of User
User is solely responsible for the contents of material transmitted via the Service. This includes, but is not limited to material provided for databases and translation procedures. User agrees:
1. All material, information and other types of data submitted will be, to the best of the User's knowledge, true and complete.
2. To provide certain current, complete, and accurate information about User as prompted to do so by the Service.
3. To notify ABS of any change in the User's email or mailing address.
4. To supply document(s) and other materials in the manner specified on relevant pages.
5. To notify ABS of any errors in a purchase order or in the User's representations and warranties.
6. To cooperate with any reasonable requests of ABS in connection with ABS's delivery of services or notification to the intended recipient of the Services.
7. To pay for translation services in compliance with all payment terms and conditions set forth in order agreement.
8. That ABS makes no warranty as to the results that may be obtained from the use of ABS's services.
9. To fulfill obligations set forth in ABSTS. ABS may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the ABSTS.
Acknowledgments of the User
The User acknowledges and agrees to the following: ABS will not be responsible for or incur any liability to the User in respect to any fraudulent use involving a purchase by the User or any unlawful or fraudulent use of the User's credit card by any person unless such fraud is effected through the knowing wrongful acts of ABS or its representatives. The User will be individually liable and may be subject to criminal prosecution for any fraudulent or unauthorized use of a credit card or other fraudulent act by the User. In the absence of a wrongful, intentional act of ABS or its representatives, ABS will not be responsible for or liable to the User if an unintended third party possesses access to the User's email account and fraudulently acquires product/service.
Disclaimer of Warranties
The User expressly agrees that use of the Service is at User's sole risk. ABS expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ABS makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does ABS make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. ABS makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by User from ABS or through the Service shall create any warranty not expressly made herein.
From time to time, any ABS website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that ABS endorses the website(s). We have no responsibility for the content of the linked website(s).
Limitation of Liability
ABS shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service, or for cost of procurement of substitute services, or resulting from transactions entered into through the Service, or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use of data or other intangible, even if ABS has been advised of the possibility of such damages. If any liability is placed on ABS in respect to the services that we have provided, it shall not exceed the price payable to us by you under the order which any claim relates.
The User agrees to indemnify and hold ABS, its parents, subsidiaries, affiliates, agents, officers and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of User's use of the Service, the violation of this ABSTS by User, or the infringement by User, of any intellectual property or other right of any person or entity.
Events of default: Violation of any of the material provisions of this ABSTS and failure to remedy or cure such violation within thirty (30) days after written notice of such violation from any party shall be deemed to be an event of default by the other party. Effect of default: Upon the occurrence of an event of default by one party, the other party shall have the right to sue the defaulting party for damages resulting from such violation, or seek other legal remedies, including but not limited to injunctive or equitable relief.
Should the User be unsatisfied with the quality of the Services provided by ABS, the User is required to contact ABS at email@example.com specifying the reasons for dissatisfaction, within (7) seven days of delivery of product/Service by ABS. ABS will give full consideration to the User's comments. ABS will then either: (a) have the Service redone/corrected at no extra charge to the User, or (b) will consider that the Service already performed done meets industry standards. In the case of the Service meeting industry standards, ABS can for an extra fee have the document edited by a different Professional. ABS does not provide any refunds for our services rendered.
Modifications to Terms of Service
ABS may change the terms and conditions of the ABSTS at any time. Upon any change to the terms and conditions of the ABSTS, ABS will post appropriate notification herein.Modifications to Service ABS reserves the right to modify or discontinue the Service with or without notice to Users. ABS shall not be liable to Users or any third party should ABS exercise its right to modify or discontinue the Service.
This Agreement may not be assigned by the User without the prior written consent of ABS; provided, however, that this Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors and assigns of ABS and the heirs and legal representatives or the User.
ABS shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., and any action shall be initiated and maintained in a forum of competent jurisdiction in such designated area. If any provision(s) of the ABSTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ABS's failure to exercise or enforce any right or provision of the ABSTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ABS in writing. User and ABS agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall not affect any other provisions hereof or the interpretation and effect of this Agreement in any other jurisdiction, and the remainder of this Agreement in any other jurisdiction, and the remainder of this Agreement, disregarding such illegal, invalid or unenforceable portion, shall continue in full force and effect as though such illegal, invalid or unenforceable provision had not been contained herein.
Nature of Relationship
Nothing herein shall be construed to place the parties in a relationship of partners, principals, and agent or as entering into a joint venture.
Notwithstanding any other provision of this Agreement to the contrary, ABS shall not be liable to the User for any failure to fulfill ABS's obligations hereunder if such failure to fulfill ABS's obligations is due to any labor dispute, fire, flood, law, governmental or political action, act of God or any other cause beyond the reasonable control of ABS. In the event of any such occurrence, the time period for ABS's performance under this Agreement shall be correspondingly extended.
Termination of Service
Either ABS or User may terminate the Service with or without cause at any time and effective immediately. ABS shall not be liable to a User or any third party for termination of Service. Should User object to any terms and conditions of the ABSTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service. Upon termination of Service by User no deposits/down payments will be refunded for work already performed.
ABS publishes information on its Site as a convenience to its visitors. While ABS attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The ABS products and services described in the Site may not be available in your region. ABS does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. ABS operates its Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. Visitors assume all responsibility and risk with respect to their use of the Site. ABS disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement, and fitness for a particular purpose.
ABS does not warrant that the Site is free of computer viruses, bugs or other harmful components. ABS does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. ABS does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site.
IN NO EVENT SHALL ABS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, ETC.
Please feel free to contact us with any questions that you may have. Contact Us.