gotakeoff terms of service

gotakeoff is accessible 24 hours each day. your personal information is secure 
and encrypted when passing through the internet. you agree to pay or have paid 
all fees and charges incurred in connection with your purchase to use of 
gotakeoff.com�at the rate in effect when the charges were incurred. all fees 
and charges are nonrefundable. abacus design inc. (abacus design) may change 
the fees and charges then in effect, or add new fees or charges, by giving you 
notice in advance. you also are responsible for any fees or charges incurred to
access gotakeoff.com through an internet access provider or other third party 
service. this agreement is personal to you, and you may not assign your rights 
or obligations to anyone.

information sharing. we may send personally identifiable information about you 
to third parties when: a) we have your consent to share the information or 
b) we find that your actions on our web site violates this terms of service or 
c) we respond to subpoenas, court orders or legal process which requires us to 
disclose registration data or any information about you to law enforcement or 
other government officials as abacus design, in its sole discretion, believes 
necessary or appropriate.

modifications. abacus design may amend these terms at any time by (i) posting a 
revised terms of service document on http://www.gotakeoff.com and/or (ii) 
sending information regarding the terms amendment to the email address you
provide to abacus design. you are responsible for regularly reviewing the 
http://www.gotakeoff.com website to obtain timely notice of such amendments. 
you manifest intent to accept these amended terms if you continue to use your 
account after such amended terms have been posted or information 
regarding such amendment has been sent to you. otherwise, these terms may not 
be amended except in writing signed by both parties. further, abacus design reserves 
the right to modify or discontinue your account with or without notice to 
you. abacus design shall not be liable to you or any third party should abacus design 
exercise its right to modify or discontinue the account.

passwords and security. you will use your�username and password for access to
this account and to your designated computers. you agree to carefully safeguard�
your password. you are solely responsible if you do not maintain the 
confidentiality of passwords and account information. furthermore, you are 
solely responsible for any and all activities that occur under your account. 
you agree to immediately notify abacus design of any unauthorized use of your 
account or any other breach of security known to you, including if you believe 
that its password or account information has been stolen or otherwise 
compromised.

termination. abacus design may immediately terminate your membership and right to 
use the service if (a) you breach these terms; (b) abacus design is unable to verify 
or authenticate any information you provide to abacus design; (c) such information 
is inaccurate; or (d) abacus design decides, in its sole discretion, to discontinue 
offering the service. abacus design shall not be liable to you or any third party 
for termination of the service. you may terminate your account and end your use
of the service at any time, for any reason, or no reason, by following the  
cancellation procedure presented during the logon process, provided that you 
may not receive a refund for any fees which you may have paid in advance. upon 
termination of your account, you shall remain liable for all fees incurred or 
accrued by you. upon expiration or termination for any reason, you are no 
longer authorized to use the service. when this agreement is terminated and/or 
your account has expired, you will no longer have access to data, and other 
material you have stored on this site and that material may be deleted by 
abacus design.

limitation of liability. in no event shall abacus design be liable for any indirect,
incidental, special or consequential damages, resulting from the use or the 
inability to use the service, including, but not limited to, damages for loss 
of profits, even if abacus design has been advised of the possibility of such 
damages. abacus design's liability to you or any third party is limited.�some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations may not
apply to you.

indemnity. you hereby agree, at your expense, to indemnify, defend and hold 
abacus design enterprises inc. harmless from and against any loss, cost, damages, 
liability or expense arising out of or relating to (a) a third-party claim, 
action or allegation of infringement based on information, data, files or other
content submitted by you; (b) any fraud or manipulation, or other breach of 
these terms by you; or (c) any third-party claim, action or allegation brought 
against abacus design arising out of or relating to a dispute between its users over 
the terms and conditions of a contract or related to the purchase and sale of 
any services.

general terms. these terms are governed in all respects by the laws of the 
state of washington as such laws are applied. both parties submit to personal 
jurisdiction in washington and further agree that any cause of action relating 
to these terms shall be brought in a court in whatcom�county, washington. if 
any provision of this agreement is held to be invalid or unenforceable, such 
provision shall be struck and the remaining provisions shall be enforced. 
abacus design's failure to act with respect to a breach by you does not waive 
abacus design's right to act with respect to subsequent or similar breaches. 
you may not assign or transfer this agreement or any rights hereunder, and any 
attempt to the contrary is void. this agreement shall inure to the benefit of 
and be binding upon each party's successors and assigns. abacus design shall not be 
liable for any delay or failure to perform resulting directly or indirectly 
from any causes beyond abacus design's reasonable control. unless otherwise provided
in this agreement, any notice required or permitted to be given under this 
agreement shall be delivered (i) by hand; (ii) by registered or certified mail, 
postage prepaid and return receipt requested to the address provided by the 
other party, or to such other address as a party may designate by written 
notice.; (iii) by overnight courier or (iv) by electronic mail with confirming 
letter mailed under the conditions described in (ii). notice so given shall be 
deemed effective when received, or if not received by reason of fault of 
addressee, when delivered. these terms constitute the complete and exclusive
understanding and agreement of the parties relating to the subject matter 
hereof and supersedes all prior understandings, proposals, agreements, 
negotiations and discussions between the parties, whether written or oral.
you understand and agree that you are solely responsible for reviewing the 
terms from time to time.

�2001-2009 abacus design inc. all rights reserved. use of gotakeoff� 
constitutes acceptance of the gotakeoff terms of service.
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