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.