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TERMS & CONDITIONS
These Terms & Conditions of Services are made effective once you subscribe through www.abadcreates.com/#subscribe .
DESCRIPTION OF SERVICES. Beginning on the date subscribed Abad Enterprises, LLC will provide to Recipient the following services (collectively, the "Services"):
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PAYMENT. Payment shall be made to Provider in regular payments of $36.00 per month due by the date you started to subscribe each month, until termination of this Agreement. Recipient shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Recipient fails to pay for the Services when due, Abad Enterprises, LLC has the option to treat such failure to pay as a material breach of this Terms & Conditions Services, and may cancel this Contract without notice and/or seek legal remedies.
TERM. This Terms & Conditions Services may be terminated by either party upon 30 days' prior written notice to the other party. An email notice by one party will suffice.
WORK PRODUCT OWNERSHIP. Subject to Recipient’s payment of the all applicable fees and compliance with the other Terms & Conditions Services, all data, information and writings (whether in electronic, written or other form) and materials generated or made by Provider, alone or together with one or more others, as a result of Provider’s performance of the Services, including: comments, production notes, product concepts, product or compound names, plans, proposals, outlines, design elements, forms, sketches, drawings, text, works of art, ideas, source codes and any other work product (collectively the “Works”) shall constitute “works made for hire” for Recipient under the United States Copyright Act of 1976, as amended and Recipient does and will own all rights, title and interest in all such Works. Notwithstanding the foregoing, Recipient acknowledges and agrees that the Works may include materials, methods, processes, techniques, formulas, trade secrets, research, reports, technical data, know-how, forecasts, analyses, commentaries and related findings, innovations conceived, developed, by Provider and Provider shall not be deemed to have assigned, granted or conveyed any right, title or interest therein.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, Terms & Conditions Services (including without limitation the failure to make a monetary payment when due), the other party may terminate the Terms & Conditions Services by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 0 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Terms & Conditions Services.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY OBLIGATION OR LIABILITY TO THE OTHER HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, COLLATERAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES INCURRED BY THE OTHER PARTY (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS, COSTS OF COVER, COSTS OF DELAY, DAMAGES TO BUSINESS REPUTATION, OR LOSS OR DESTRUCTION OF DATA), REGARDLESS OF HOW SUCH DAMAGES ARISE, WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE AGREEMENT. This Terms & Conditions Services contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Terms of Agreement Services. This Terms of Agreement Services supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Terms & Conditions Services will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Terms & Conditions Services is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Terms & Conditions Services may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Terms & Conditions Services shall be construed in accordance with the laws of the State of Virginia and Arizona.
NOTICE. Any notice or communication required or permitted under Terms & Conditions Services shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Terms & Conditions Services shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Terms & Conditions Services
ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
ASSIGNMENT. Neither party may assign or transfer this Terms of Agreement Services without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
We use a third party to host the websites ( Carr ). Abad Enterprises is not liable for loss of third party services.
ABAD ENTERPRISES, LLC:

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