The services provided to You through Abigail platform (“Platform”) http://hiabigail.com/ allow Abigail’s potential clients who use the Platform to match & book session/s offered by wellness providers (“WP”), from a list of authorized wellness services on the Platform (“Services”). The WP will supply You with the session of Your choice, which matches Your specific time and location requirements (“Wellness Services”). This Terms of Use Agreement (“Terms”) set the legally binding terms for using the Platform. If You intend to use any of the Services, these Terms should be read together with Abigail’s Privacy Policy (“Privacy Policy”) and the Cancellation Policy and together they constitute the entire agreement between You and Abigail (“Agreement”).

Updated August 4, 2016.

1.  General
1.1. Acceptance of the Terms

Please read the Terms carefully before using the Platform. You accept and agree to be bound by these Terms by acknowledging such acceptance during the registration process. If You do not agree to any of the provisions as set forth herein under these Terms, please do not use any of the Services. Without derogating from the generality of the above, these Terms apply to any User (as defined above).

1.2. Eligibility to Use the Services

By using the Services, You acknowledge and represent that You are eighteen (18) years of age or older and that You possess the legal right and ability to enter into this Agreement and use the Services. In addition You represent and warrant that if the Wellness Services are booked by a parent or legal guardian for an individual under the age of eighteen (18), such individual must be accompanied to the appointment booked on their behalf by a parent or legal guardian.
If Abigail is informed or has reason to believe that You are not eligible to use the Services or that You become ineligible, Your use may be terminated without prior notice and Your Account (as defined below) on the Platform may be deleted. If Abigail shall delete and/or block Your Account due to such ineligibility, You will not be entitled to any refund and You hereby waive any claim against Abigail.
The Services shall be provided through Abigail servers and/or third party’s external servers or cloud services used by Abigail, to be determined by Abigail at its sole discretion.
You do not have any right to use the Services for commercial use. If You wish to use the Services for commercial use, You must first contact Abigail to get prior written consent and You may be required to enter into a separate agreement with Abigail. Abigail reserves the right to reject such an offer and is not committed to allow or agree to any commercial use by You.
If You are using the Services on behalf of an individual, company, entity, or organization, You represent and warrant that You are an authorized representative with the authority to bind such individual or organization to this Agreement, and agree to be bound by the Agreement on behalf of such individual.

1.3. WP Relationship and Information

WPs are independent contractors who operate a separate and distinct business from Abigail. All payments made for Wellness Services, even though such payments are made through the Platform, are made to the WPs and not to Abigail, although Abigail may retain a portion of such payments as compensation from the WPs. As such, we do not control the manner or method of service to You, exercise no control over the working relationship and do not warrant the Wellness Services of any WP.
You hereby declare and acknowledge that, Abigail is not liable for any of the details, information or materials supplied by the WP regarding their personal and/or professional details and the quality of their Wellness Services as published on the Platform, or communicated to You in any other form or means of media, whether publicly or personally that is either linked or posted on the Platform (collectively the “WP’s Information”) and any claim You may have that shall arise as to the accurateness or misrepresentation thereof, shall be strictly between You and the WP.

The WP Information may be updated from time to time and therefore Abigail does not routinely screen its WP or perform a background check or attempt to check and verify the information posted by the WP on Platform.

Further, Abigail did not perform any checks with the WP, that it is in compliance with any insurance, regulation or law, if applicable or has obtained or has maintained a license to perform its Wellness Services (if required), and it is the WP’s sole responsibility to comply with any such insurance demand, laws and/or regulations, as applicable.

As Abigail cannot verify that the WP has the applicable authorization, qualifications, registration, license and/or any personal and/or professional insurance as may be required by law or regulation, You understand and acknowledge that if You desire to receive any information from the WP, including information regarding the WPs’ license and/or insurance, it is Your responsibility, and Yours only, to request this information from the WP and You waive any claim against Abigail that shall arise from any failure due to the WP’s Information or the lack thereof. You assume full responsibility to take precautions and use common sense in all actions and interactions with any third party You interact including but not limiting to the WP, within or through the Services in order to protect Your personal safety.

1.4. Abigail Not a Healthcare Provider

Abigail provides the Web Platform and Services as a technology and communication platform for the convenience of WPs and Users. However, Abigail is not a healthcare provider and the Platform and the Services do not constitute the practice of any medical, nursing or other professional health care service or the provision of any advice, diagnosis or treatment. No professional relationship between a User and Abigail is being established or intended to be established through this Platform or the provision of the Services, or as a result of any communications with WPs through the Platform.

ABIGAIL DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, RESPONSES, INFORMATION, OR OTHER WELLNESS SERVICES PROVIDED BY WPS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY WP.

1.5. Modifications of Terms

Abigail reserves the right to change, add to, delete a portion of or otherwise modify, from time to time, at its sole discretion, these Terms. Posting the modified Terms on the Platform will give effect to its revised terms within 10 days as of such posting, unless earlier accepted by You. Thereafter, any continuing use of the Services by You will constitute Your expressed agreement to abide by the revised terms.

2.  Use of Platform
2.1. Registration and User’s Profile

In order for You to become a Abigail user, and be able to use the Services, You are required to register to the Service by completing the registration process on the Platform (the “Registration Process”). The Registration Process will require You to fill out Your user’s profile which shall contain, amongst others, Your full name, e-mail address, phone number and address (“User’s Profile”). Once You have completed the registration process and supplied all the required information, You may start booking the Services using the User’s Profile You created. After choosing the wanted Wellness Service, You will be required to provide us with a method of payment in order to Book an Appointment (see booking procedure below).
You represent and warrant, that all the registration information You have submitted is accurate and truthful and that You agree to update and maintain the accuracy of such information at all times. Abigail reserves the right to suspend or terminate Your Account if registration information submitted seems (in its sole discretion) or proves to be false, inaccurate or incomplete. Further, You represent and warrant that any checks that Abigail may preform regarding any information related to the Service in any way, will not derogate from Your liability to continually provide true and full information about Yourself.
The Registration Process also requires You to enter a User name and password together with Your preferred method of payment (“Account”). You are entirely responsible for the maintenance of Your User’s Profile, Account and the confidentiality of Your Account details, including but not limited to updating Your password from time to time and logging out of Your Account at the end of each use of the Platform.
If You suspect any breach of security or any unauthorized use of Your Account, You hereby agree and warrant You shall notify Abigail immediately. Notwithstanding anything to the contrary, You shall bare all responsibility for the use of Your Account and any activity that shall occur through it. Abigail will not be liable for any loss of data You may incur as a result of any unauthorized use of Your Account. Registration under more than one Account for any reason is prohibited.

2.2. Booking

The booking process through the Platform shall include the following steps:
(1) You may choose the wellness area You are interested in from the list of wellness activities offered to You on the Platform (the “Wellness Area”);
(2) You shall be requested to choose the time and date and the location that You wish to receive the Wellness Services at;
(3) You shall be requested to choose and book one of the session offers made by WPs, based on the aforementioned criteria;

After You book a session, and pay the applicable Charges (as defined below) (“Booking”) You shall receive a notification that Your Booking is final and it will appear in Your Account’s upcoming sessions as a booked appointment (“Appointment”).
The Booking is based entirely on the information provide by You in Your User’s Profile and the information provided by the WP, therefore Abigail is not responsible for any error in the Booking process that results from inaccurate information or the lack thereof.

Abigail is not be liable for the quality of the Wellness Services and the entire risk as to satisfactory quality, performance, accuracy and effort and any damages resulting therefrom or unsatisfactory Wellness Services of any kind shall be the liability of the WPs.

2.3. Exclusive Booking

Session offers by WP’s that were originally offered to You through the Platform are considered first introduced WP (“First Introduced WP”), unless such Session offers by WP’s were offered to You prior to Your initial meeting with them through the Platform.
You represent and warrant that regarding First Introduced WP, all subsequent appointments with them will be made through the Platform. Furthermore, You hereby agree that if You receive Wellness Services from a First Introduced WP’s not through the Platform, it would be considered a material breach of trust and Abigail, at its own discretion, may immediately terminate Your Account without any prior notice. In addition, if You schedule an appointment with a First Introduced WP’s not through the Platform You hereby agree to notify Abigail and to pay it the applicable fee, as if the Appointment was scheduled through Abigail.

2.4. Payment

In the course of the Registration Process You will also be required to provide financial information such as a payment method. This process, as well as the clearing process, shall be made through a secured website of a reputable third party. Any such financial information shall be used only to bill You for the Services You purchased. Abiagil shall treat such information in accordance with its Privacy Policy.
Abigail shall provide You with the Services subject to the payment of all agreed charges, fees and other amounts that shall be paid to the WP. You agree to pay all charges, for Wellness Services ordered by You through the Platform (“Charges”). You shall be charged for all sales, use and related taxes due on the fees payable for Wellness Services.

Abigail is not responsible for the quality of the Wellness Services and therefore any payment of the Charges shall be refundable only according to the Cancelation Policy, unless an Appointment never took place due to WPs’ fault and/or if not Your fault. In such case Abigail shall fully refund You and shall take full responsibility to refund You.

In case the Wellness Services are covered by any health program, You hereby agree that all payments of the Charges shall be paid completely by You, and any claim You have for a reimbursement thereunder from Your health program shall be made after Your payment of the Charges.

2.5. Support

Support services in connection with the Services may be provided to You by Abigail via email, from time to time, at Abigail sole discretion. Without derogating from any provision herein, any support services provided to You by Abigail is provided “AS IS” and on an “AS AVAILABLE BASIS” and any use of such support thereof by You shall be made at Your own risk and responsibility.

2.6. Communications

By creating a User’s Profile and Account on the Platform, and by using the Services, You hereby agree to receive text messages and emails from Abigil in order to keep You informed and up to date with all the details regarding any Appointment You have booked. You will not be sent promotional materials without Your prior consent via emails and the Appointment or Booking information shall not be construed as such.

As a User, You will be able to view on Your User’s Profile certain details pertaining to Your current status of Charges, Appointments You booked with WPs, suggested Wellness Services based on Your use of the Platform, etc. You agree to receive from time to time suggested Appointments according to Your preferred time, location, Wellness Area and previous Bookings, according to the details provided by You on the User’s Profile.

You hereby agree that, after Booking with a WP, Your phone number, as provided by You, will be sent to that WP whom You booked with, and You will receive the WP’s phone number, all in order to allow You to communicate directly with the Booked WP.

You may request at any time to unsubscribe and remove Yourself from any list or from any newsletter or promotional information sent to You by Abigail.

Depending on Your carrier plan, You acknowledge, understand and agree that when using the Services, You may be responsible for standard phone, data and messaging charges from Your wireless carrier. Under no circumstances will Abigail be responsible for any wireless email, data, phone, or text messaging charges incurred by You or by a person that has access to Your wireless device, telephone number, or email address. In addition, You acknowledge that any terms between You and any third-party carrier and/or provider of mobile and/or internet services will create no obligation or responsibility on the part of Abigail shall in no way be responsible for any failure of warranty by any such third party.

You acknowledge that it may not be possible for Abigail to send You messages, due to factors out of its control relating to message delivery such as factors that are depending on Your mobile carrier service. This can result in failure of sending text messages for example. Abigail has no liability for transmission delays or message failure if such occur.

2.7. Changes in the Services

Notwithstanding anything to the contrary, Abigail reserves the right to suspend, discontinue, modify, or remove any Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on Abigail sole discretion.
In addition, Abigail expressly reserves the rights to charge You, in the future, for Services which are currently available for free. Abigail will not charge You for using any such additional services, before receiving Your consent, however Abigail reserves the right to terminate Your Account with Abigail and cancel Your registration for the Services, in whole or in part, should You refuse to provide such consent and payment if and when so required and in other circumstances as Abigail sees fit according at its own discretion.

2.8. Your Content

Abigail may invite You to create a User’s Profile, chat or participate in blogs, message boards, online forums and other functionality and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials via the Platform, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions You transmit to the Platform will be treated as non-confidential and non-proprietary. When You create or make available a Contribution, You thereby represent and warrant that: (i) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of Your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; (ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize the Platform to use Your Contributions as necessary to exercise the licenses granted by You under this Agreement; (iii) Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by us), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party, including but not limited to the WP’s; and (iv) Your Contribution does not violate any state or federal law designed to regulate electronic advertising.

By posting Contributions to any part of the Platform, You automatically grant, and You represent and warrant that You have the right to grant, to Abigail an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, Your image and voice or any contribution of the two) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.

2.9. Guidelines For Reviews

Abigail may accept, reject or remove reviews in its sole discretion. Abigail has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Abigail, and do not represent the views of Abigail or of any affiliate or partner of Abigail. Abigail does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Abigail a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Abigail to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

3. Proprietary Rights

Abigail owns and retains the entire title, rights and/or interest in and to its technology, Website and/or any of the Services (and/or any part thereof ) and any and all intellectual property rights related and associated therewith, including but not limited to any improvements, specifications, work products, updates, upgrades, error-corrections or other modifications thereof in the form of scripts, codes, formulas, reports, notes, records, charts, analyses, lists and any other documents, material or work products. Abigail’s Platform and/or other Services contain technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of Abigail, and all content, codes and/or other work products generated through, produced by or otherwise related to or associated with Abigail Website (“Intellectual Property”). You are not granted with any proprietary rights or license in or to the Platform and/or any of the Services, and/or the Intellectual Property associated or related to the Platform.

4.  Disclaimer of Warranties; Limitation of Liability
4.1. General Disclaimer

YOU EXPRESSLY AGREE THAT ANY USE OF THE PLATFORM AND/OR ANY PART OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND ABIGAIL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, RELIABILITY, TIMELINESS, ACCURACY, PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES, WARRANTIES FOR OTHER SERVICES  RECEIVED THROUGH OR ADVERTISED ON PLATFORM AND/OR ANY OF THE SERVICES ACCESSED THROUGH ANY LINKS ON THE PLATFORM REGARDING ANY OF THE SERVICES. Abigail disclaims any destruction to Your property resulting from viruses, bugs, malware and/or any other failure or default or any other harmful components in connection with the Platform and/or any of the Services. Without limiting the generality of the foregoing, Abigail makes no warranties, representations or other affirmation regarding suitability of the Platform and/or any of the Services for use with third party products, or regarding the performance thereof. In addition, Abigail do not represent or warrant to You that: (a) Your use of the Services will meet Your requirements, (b) the Platform, any of the Services and/or Your use of the Services will be uninterrupted, timely, secure or free from error, suitable, reliable and/or durable.

4.2. Medical Disclaimer

Notwithstanding the aforementioned, the information presented on the Platform, including all text, graphics, images, videos and/or any information obtained from third party resources and/or provided by the WP and any other materials on the Platform (“Content” or “Materials”) are offered for informational and marketing purposes only. Neither the content nor any other service offered by or through the Platform is intended to be for medical diagnosis or treatment and/or to replace any such treatment or medication prescribed to You by a medical professional. All persons accessing the Platform, including the Users, assume full responsibility for the use of the information and agree that the Abigail is not responsible or liable for any claim, loss, or damage arising from the use of the Services and/or reading or watching the Content.

Abigail does not recommend or endorse any drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Platform by any of the WP. Your reliance upon the information and materials obtained or used by You is solely at Your own discretion and Your own risk. The Services provided by Abigail are not for medical emergencies. If You think You have an emergency please call 999.

ABIGAIL WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE to responses, information or WELLNESS services PROVIDED BY ANY WP. ABIGAIL IS NOT INVOLVED IN ANY WAY WITH THE provision of WELLNESS services. USERS HEREBY RELEASE ABIGAIL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADVISORS, CONSULTANTS, AND ASSIGNS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE ACTS OF WPS ACCESSED THROUGH THE PLATFORM.

4.3. ABIGAIL Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ABIGAIL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO THE LOSS OF USE, DATA, BUSINESS OR PROFITS), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM AND/OR ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM AND/OR ANY OF THE SERVICES – WITH RESPECT TO ALL – WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER ABIGAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM AND/OR ANY OF THE SERVICES OR ANY LINKS ON THE PLATFORM, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IN ADDITION, ABIGAIL WILL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURE, OTHER EQUIPMENT FAILURE, ELECTRICAL POWER FAILURES, HOSTING SERVICES FAILURE, OTHER THIRD PARTIES’ PRODUCTS OR SERVICES FAILURE, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.

4.4. Disclaimer of Advertisement or Sponsored Content

The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Platform is accurate and complies with applicable laws. Abigail is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. Abigail does not endorse or promote or represent any of the products or services offered and will not be liable for these products or services. The placement of the advertisement or sponsored content, the selection of the advertisement or sponsored content and the tagging of such advertisement or sponsored content, may be done in an automated manner and in no case Abigail will be responsible or liable for the selection, placement or tagging of an advertisement or sponsored content.

4.5. Disclaimer of Third Parties Services and Resources

Abigail uses third party materials such as IT infrastructure services, amongst others, in order to provide the Services. Without derogating from any of the aforesaid, You acknowledge and agree that Abigail is not and shall not be responsible for the availability of any such external third party services or resources, and shall not be liable for any loss or damage which may be incurred by You as a result of the lack of availability of those external third party services or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any products available from such third party services or resources.

4.6. Indemnification

You agree to indemnify and hold harmless Abigail and its subsidiaries, its affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, arising out of the following: (i) a material breach by the User of this Agreement; and (ii) any misrepresentations by the User with respect to Abigail and/or the Services; and (iii) any use of the Services not in accordance with these Terms, the Privacy Policy and/or any applicable law; and (iv) any third party claim related to Your breach of any of these Terms, or regarding any Contributions You create, edit, post, upload, transmit or otherwise provided to Abigail through the Platform or in general any claim that shall arise from Your use of the Platform; and (v) any violation of any third party rights.

5.  Privacy

You acknowledge that Abigail collects information with respect to its Users. You hereby consent to Abigail’s collection and use of such information, and agree that such collection and use of this information will be governed by Abigail’s Privacy Policy, as posted on the Platform and as revised from time to time. If You wish to opt out of the Platform and/or the Services and any communications thereof, You have the right to do so and You may contact Abigail by sending an email requesting to opt out. You acknowledge that after such a request is made by You, Your Account and User’s Profile may be deleted and closed. You will not have access to the Booking process and all the future Appointment You booked will automatically cancelled.

6.  Termination

These Terms are and shall remain in full force and effect as long as You make any usage of the Services. You may stop using the Services at any time and in Your sole discretion, with no need for justification and with no extra-charge, by contacting Abigail and requesting to disable Your Account. It is Your responsibility to inform the WP whom You booked an Appointment with regarding such termination and You shall bear any cancellation fees according to the Cancellation Policy.

Abigail reserves the right to terminate, without prior notice, any User Account or to suspend any or all of the Services in connection to Abigail all in its full discretion, without Your prior consent, for any reason Abigail may see fit including violating these Terms. If Your User’s Account is terminated, Your rights to use the Services will cease immediately. Termination is without prejudice to all other remedies available to Abigail by law or under these Terms.

7.  Miscellaneous
7.1. Feedback

Abigail may, from time to time, ask You to provide information regarding Your experience while using the Services, for the purpose of measuring and improving the quality of the Services and the experience of its Users and/or WP. This feedback is very important to Abigail, and Abigail will appreciate any such feedback. Any and all information that You voluntarily choose to provide Abigail as feedback shall be used solely for the purpose of reviewing the feedback and improving Abigail’s Services.

You hereby irrevocably assign to Abigail any rights that You may have or acquire in all ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback written or oral, that You provide to Abigail. Such ideas, inventions and/or improvements, shall be owned exclusively by Abigail, and You shall not have any right in connection therewith, and You irrevocably waive any right You have or may have in the future to receive any payment, royalty or other consideration (of any kind) with respect to such ideas, inventions and/or improvements, including according to Patent Law, if applicable.

7.2. Entire Agreement

These Terms, the Privacy Policy and, if applicable and the cancelation policy, constitutes the entire legal agreement between You and Abigail, their terms must be accepted by You prior to Your use of the Services, and govern Your use of the Services and replace any prior agreement of understanding between You and Abigail in relation to the Services. Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.

7.3. Assignment

You may not assign any of Your rights or obligations under these Terms, whether by operation of law or otherwise. Abigail may assign, at its sole discretion, these Terms or any of its rights and/or obligations under these Terms, to any third party, without giving prior notice and without Your consent. In any event of assignment as aforesaid, all the provisions of these Terms shall apply to the assigned party, mutatis mutandis.

7.4. Severability

If any provision of this Agreement is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement will not be affected thereby.

7.5. Waiver

No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

7.6. Survival

Any provision of these Terms that contemplates performance or observance subsequent to termination or expiration of these Terms shall survive termination or expiration of these Terms and continue in full force and effect.

7.7. Electronic Contracting

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

7.9. Corrections

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Abigail reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact the Platform as set forth below.

Contact Information:
info@hiabigail.com