Last Updated: April, 26th, 2023
These Terms and Conditions of Use (“Terms & Conditions”) apply to your access to, and use of, online services and programs (“Online Services”) which Abundant Broker, LLC (“Abundant Broker,” “we,” or “us”) has made available to our customers (“Customers,” “Users” or “you”). Covered services include this website. The “General Terms” section of these Terms & Conditions apply to all of the various Online Services. The “Specific Services & Programs” portion of these Terms & Conditions identify additional terms and conditions which are specific to particular services and programs. Please note that several of the Online Services may be administered by third-party contractors who will require your agreement to additional terms related specifically to their service. Many of those additional agreements are identified below in the Specific Services & Programs section.
Please read these Terms & Conditions carefully before downloading, accessing or using any of the Online Services. By accessing or using the Online Services, you agree to abide these Terms & Conditions, as well as such additional agreements which may apply to the particular Online Service being used. Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services or these Terms & Conditions in any way, your sole and exclusive remedy is to discontinue using the Online Services.
Modifications to Online Services
Abundant Broker may at any time, for any reason, modify, suspend, limit or terminate operation of or access to any Online Service, or any portion thereof, whether on a general or specific user level, and without notice or liability. In addition, Abundant Broker reserves the right at any time to update, change, modify, or revise these Terms & Conditions. Any changes will become effective upon posting such modifications on our website (please review the “Last Updated” date above to identify when these Terms & Conditions were last modified). Your continued access to or use of the Online Services after any such changes indicates your acceptance of the Terms & Conditions as modified. It is your responsibility to review the Terms & Conditions regularly for updates.
Privacy of Users
Abundant Broker has a separate Service Agreement (the “Service Agreement”) for all subscribed users, relating to the specifics of the services which are accessed via the Online Services. The terms of the Service Agreement are incorporated for subscribers into these Terms & Conditions by this reference. If there are any conflicts between the Service Agreement and these Terms & Conditions, the provisions of the Service Agreement shall govern and control.
Ownership & Licensing of the Online Services and Intellectual Property
The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs) (collectively, “Materials”) are owned by or licensed to Abundant Broker and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms & Conditions, Abundant Broker grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials. Except as expressly provided herein, Abundant Broker does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
Abundant Broker is our trademark. The Online Services, Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the “Intellectual Property”) are owned by or licensed to Abundant Broker with all rights reserved unless otherwise noted. Abundant Broker does not permit third-parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. Nothing contained on the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms & Conditions. You are also advised that Abundant Broker and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Standards of Conduct for Users of the Online Services
You agree to use the Online Services, Materials, and all related programs, features and services in accordance with these Terms & Conditions and all applicable laws and regulations. Specifically (and without limitation), you agree not to:
Abundant Broker reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Online Services, Materials, users, us, our brand, or any other person or entity, or that violates these Terms & Conditions and/or applicable law.
Submissions by Users of the Online Systems
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms & Conditions, are to the best of your knowledge true and accurate, and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
We may, without notice to you, refuse or edit Submissions for any reason or no reason.
User Logins and Registration
Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Abundant Broker immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Abundant Broker or any other Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. Abundant Broker shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Third-Party Sites and Social Media Pages
The Online Services may contain links to other third-party websites, including but not limited to social media platforms, such as Facebook, Tik Tok, Pinterest, LinkedIn, Twitter, Snap Chat or Instagram (all links to third-party websites and social medial platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Abundant Broker shall have no responsibility or liability related to your use of any Linked Site, or the content, policies, or actions thereof. If you choose to use any product or service from a Linked Site, your relationship is with that third party. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (whether by email or by posting the same in our Online Services) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms & Conditions.
Abundant Broker makes no representations or warranties regarding the Online Services and Materials.
THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NO WARRANT THAT THE ONLINE SERVICES OR MATERIALS WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF ABUNDANT BROKER ONLINE SERVICES OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES AND ALL MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES.
Limitations of Liability
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS & CONDITIONS AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Violation of these Terms & Conditions
You agree that Abundant Broker may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms & Conditions or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Abundant Broker. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Abundant Broker takes legal action against you as a result of your violation of these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Abundant Broker.
You agree to indemnify, defend, and hold harmless Abundant Broker and all of its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms & Conditions; and/or (2) your activities in connection with the Online Services, and Materials, programs, features, and services made available through the Online Services.
International Users and Choice of Law
Entire Agreement, Claims Limitations, and Severability
Children’s Privacy and Site Age Limitations.
The Online Services intended for use by persons aged 13 or older, and by your use of this site you affirm that you are at least 13 years of age. In addition, if you are under the age of 18, you are only permitted to use this website with the consent of your parents or an adult guardian. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 13.
If you have any questions about these Terms & Conditions or the Online Services, email us at [email protected].