Ownership & Advice
You are granted limited access to all text, documents, graphics, logos, artwork, pictures, images, audio, trademarks, user profiles, personal information, non-personal information, user interfaces, and software code (collectively, “Content”) on Sites. Content is provided as is and The Abilities, LLC makes no representation or warranties about Content. The Abilities, LLC makes Content accessible to users of Sites for the purposes of a great user experience, education and entertainment. Content is protected by copyright, trademark laws and other intellectual property rights.
Use of Sites and Content
Content on Sites may not be reproduced, copied, republished, translated or transferred in any way; mirroring Content on another website, including use of screen captures; without express written consent from The Abilities, LLC. is explicitly prohibited.
Scrapping, spidering, robots, and deep-linking or other systematic or automated process, or related manual process, to access, copy, track, monitor or manipulate any Content or Sites is strictly prohibited and we reserve the right to immediately block any such activity and users including but not limited to IP addresses and devices. Attempting to gain unauthorized access to any Content whether through automated or manual process of “hacking” or “mining” or illegal means will revoke your access to Content and Sites and may result in blocking such activity and users.
Attempts to interfere with the performance of our Sites or Content including creating an unreasonable “load” on the Sites or Content is strictly prohibited and we reserve the right to immediately block any such activity and users including but not limited to IP addresses and devices.
You may not use Content or Sites for any activity that is illegal or illegally solicit any activity through the use of our Content or Sites. You may not use Content or Sites to intimidate, bully or otherwise harass any other user online or physically. You may not post or transmit Content to or through our Sites that is offensive, obscene, abusive, discriminatory, harmful or otherwise misleading. We reserve the right to immediately block any such activity and users including but not limited to IP addresses and devices, and remove users associated with this activity.
By using Sites and Content, you acknowledge that transmissions made over the internet are never completely private, secure and confidential. Any use of and transaction made with Sites and Content may be read or intercepted by others even with all of the security and encryption measures we have implemented to protect your information.
Transacting with Sites and Content
In order to use or transact with some Sites or Content, including but not limited to commenting on blog posts and completing purchases for products, services and memberships, we may require you to open an account which includes creating a user id and submitting personal information. You agree to maintain confidentiality of your personal information including usernames, passwords and transactions and to keep this information secure. Should you suspect your personal information is compromised or is used without your authorization, you agree to notify The Abilities, LLC immediately via our contact us form or phone number available on Sites.
Third-party Sites and Content
Trademarks and Copyrights
The Abilities, LLC’s Sites, Content, products, services, trademarks, service marks, and trade names are valuable assets. You agree to help protect our trademarks and brand identity. Your use of The Abilities trademark, Sites and Content, in whole in or part, is acknowledgement that The Abilities, LLC is the sole owner of such trademark and no rights are granted hereunder. Authorized use of The Abilities trademark, Sites and Content are restricted unless otherwise granted in writing by The Abilities, LLC.
The Abilities, LLC respects copyright. We prohibit users of Sites and Content from transmitting by any means any Content on our Sites that violate a person’s intellectual or proprietary rights. To report suspected infringing Content transmitted to Sites owned or controlled by The Abilities, please immediately notify us through our contact us form or phone number available on Sites, consult your legal counsel, and send written notice of infringement in compliance with Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA).
DISCLAIMER OF WARRANTIES
THE ABILITIES, LLC OFFERS SITES AND CONTENT AS-IS, AS-AVAILABLE AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ABILITIES, LLC DOES NOT PROMISE OR WARRANTY OUR SITES AND CONTENT TO BE ERROR-FREE, WORK UNINTERRUPTED, TO BE FREE FROM VIRUSES OR MALWARE, TO BE COMPLETELY SECURE, OR TO CORRECT ANY KNOWN DEFECTS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE AND TRANSACTION WITH SITES AND CONTENT AND ANY THIRD-PARTY WEBSITES, APPLICATIONS AND CONTENT LINKED FROM SITES AND CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH SITES AND CONTENT IS TO DISCONTINUE USE AND TRANSACTING WITH SITES AND CONTENT.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE ABILITIES, LLC BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR CONTENT, EVEN IF THE ABILITIES, LLC. HAS BEEN CONTACTED REGARDING THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD THE ABILITIES, LLC, ITS OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS, EMPLOYEES, AFFILIATES, CONTRACTORS AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING DIRECTLY OR INDIRECTLY FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES AND CONTENT.
The Abilities, LLC may modify, suspend, terminate, and block access to our Sites and Content and remove any users at any time for any reason. We may disclose any information (personal and non-personal) we have about you in connection with investigating complaints against your use of Sites and Content, to identify and bring action against someone who may be causing you harm or injury, or to identify, contact and bring actions against someone causing injury or interference with our Sites and Content. We may disclose at any time any information needed to comply with applicable laws, regulation or governmental request.
You agree that all matters relating to your access to or use of the Site and Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado, and waive any objection to such jurisdiction or venue. Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.