Terms of Use and Consent

Welcome to ABSORB ("Site"), a website of Global Network and Supply Management (herein after referred to as "ABSORB ").

By visiting and using the contents of this Site you unconditionally agree and consent to submit to the Terms of Use ("Terms"). These Terms govern your use of ABSORB ’ video conferencing and related services (including Software as defined below, "Services") unless you have paid account, or an account maintained by your employer with us for which separate terms and conditions shall be applicable.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ABSORB server, or the network(s) connected to any ABSORB server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ABSORB server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

As a condition of your use of the Services, please confirm that you are not a citizen of United States, United Kingdom, European Union(EU), European Economic Area(EEA), Australia or China. Our system is not yet compatible for users of these regions hence please do not register if you are a citizen of any of these regions.

The Service may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. As an illustration you agree that when using the Communication Services, you will not:

• Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including but not limited to copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages commercial or otherwise Advertise, display or offer to sell or buy any goods or services for any business purpose, unless allowed otherwise.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software.

ABSORB is under no obligation to monitor the Communication Services. However, ABSORB has the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.

ABSORB always reserves the right to disclose any information as ABSORB deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.

ABSORB may preserve content and may also disclose content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:

• comply with legal process, applicable laws or government requests,
• enforce these Terms,
• respond to claims that any content violates the rights of third parties, or
• protect the rights, property, or personal safety of ABSORB , its users and/or the public.

You agree that you are solely responsible for your interactions with any other user of the Site or Services and ABSORB has no liability or responsibility with respect thereto. Under no circumstances ABSORB shall be liable in any way for the content or any materials transmitted or displayed by you or other users of the Site or Services, including, but not limited to, for any errors or omissions in any such content or materials. We are also not liable for any loss or damage of any kind incurred as a result of the use of any content or materials transmitted or displayed by you or other users of the Site or Services.

It is advised to use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Microsoft does not control or endorse the content, messages or information found in any Communication Services and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Permissible Use Policy (PUP), Privacy Policy

When using the Site and certain Services, you will be subject to any additional terms that may be posted from time to time, including, without limitation, our Acceptable Use Policy located at https://www.theabsorb.com/acceptable-use-policy, our Privacy Policy located at https://www.theabsorb.com/privacy-policy, our Cookie Policy located at https://www.theabsorb.com/privacy-policy/cookies, and any terms or license restrictions with respect to any Software. All such additional terms are hereby incorporated by reference into these Terms.

The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

ABSORB can change or modify any or all of these Terms at any time. The change(s) will be posted on the Site with the date of revision of the Terms. It is your obligation to verify the Site at periodic intervals for the current Terms and review any changes, so you are aware of any revision to which you are bound. The regular use of the Site or the Services after any such changes constitutes your unconditional acceptance of the new Terms.

ABSORB grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services.

You may need to provide personal information, such as an email address, and other information ("User Data") in connection with your use of the Services. You agree that all User Data that you provide to us will be accurate and provided in a manner compliant with all applicable laws. We need certain rights and protections related to this User Data and your use of the Site and/or the Services. Therefore, you acknowledge that (a) ABSORB and our subcontractors may store, process and retrieve the User Data as explained in the Privacy Policy, (b) ABSORB may transfer User Data to and process User Data in the United States and/or another country outside the European Economic Area, as applicable, (c) ABSORB is a data processor (or sub-processor) acting on your behalf, (d) ABSORB and its affiliates and subsidiaries (and their successors and assigns, contractors and business partners) may transfer to, store and process User Data in any country where ABSORB or its subcontractors has facilities used in connection with the Services in order to provide the Services to you. You may choose to not provide us with any User Data and not use the Services.

In some cases, you may wish to download, install and use software provided by ABSORB in order to access the Services ("Software") and ABSORB provides you a non-exclusive, non-transferable, non-sublicensable, revocable license to do so provided you use the Software only in conjunction with the Services. You acknowledge that access to the Services via the Software may require that you upgrade the Software as such upgrades become available and may require you to agree to additional terms regarding the Software.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ABSORB of any unauthorized use of your account or any other breach of security. ABSORB will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ABSORB or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Third Party Sites, Third-Party Products and Liabilities

The Site and/or Services may contain links, that will take you and your information to other websites and resources that are not operated or controlled by ABSORB ("Third Party Sites"). The linked sites are not under the control of ABSORB and ABSORB is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ABSORB is not responsible for webcasting or any other form of transmission received from any linked site. ABSORB is providing these links to you only as a matter of convenience, and the inclusion of any link does not imply endorsement by ABSORB of the site. When you interact with a Third-Party Site, it is your responsibility to understand all applicable terms, conditions, and policies applicable to such Third-Party Sites.

In addition, if third party services, applications, code, hardware or products ("Third Party Products") are integrated or used in connection with the Services, you agree that (a) ABSORB makes no representations and disclaims all warranties, express or implied, regarding Third Party Products, (b) ABSORB is not responsible and shall have no liability for Third Party Products or the unavailability of Third Party Products, (c) if Third Party Products are provided under a separate license or other agreement, such terms shall govern with respect to such Third Party Products, (d) you are solely responsible and liable for its use of Third Party Products, (e) you authorize ABSORB to share User Data (defined above) with providers of the Third Party Products as required for the operation of the Third Party Products, provided however, that ABSORB is not responsible for any transmission, collection, disclosure, security, modification, use or deletion of User Data by or through Third Party Products or their providers, and (f) ABSORB has no obligation to support any integration(s) of Third Party Products with the Services and may cease any integrations of Third Party Products at any time, in ABSORB ’ sole discretion.

You agree to defend any claim, demand, suit or proceeding (including, without limitation, any proceeding, investigation or claim by a governmental, administrative, or other regulatory agency or entity) made or brought against ABSORB or its affiliates and their officers, employees, directors and agents arising from or in connection with (a) Your Content, (b) your use of the Site or Services, (c) your violation of these Terms, (d) your violation of any applicable law, and (e) any violation of an intellectual property right. You also agree to indemnify ABSORB for any damages finally awarded against, and for reasonable expenses, such as attorney’s fees, incurred by, ABSORB in connection with any such claim, demand, suit or proceeding. In the event of such claim, demand, suit or proceeding, we will give you written notice of the claim, demand, suit or proceeding and provide you with reasonable assistance at your expense.

The Site is controlled and operated by ABSORB from India and, unless specifically set forth herein, the laws or jurisdiction of India shall apply.

When you send ABSORB any e-mails, text messages, or other communications, whether via the Site, the Services or otherwise, your information will be used by ABSORB to communicate with you and pursuant to the Privacy Policy. If you are using the Services on a no-charge trial, you agree that we may contact you using the information you provide, including for marketing and promotional purposes as identified in the Privacy Policy.

ABSORB may designate the Software or Services as "trial", "evaluation", or other similar designation ("Trial Version"). You may install and use the Trial Version only (a) during the period allowed by us, and (b) for the purposes identified by ABSORB .

Termination of Services

ABSORB , in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Site (including blocking users from message boards, forums, and other ABSORB Social Media) and/or the Service and block or remove and discard any content within the Site or Service, for any reason, including, without limitation, or if ABSORB believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Site and/or Service and may be referred to appropriate law enforcement authorities. ABSORB may also in its sole discretion and at any time discontinue providing the Site, the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site and the Service under any provision of these Terms may be affected without prior notice and acknowledge and agree that ABSORB may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or the Service. Further, you agree that ABSORB will not be liable to you or any third party for any termination of your access to the Site or the Service.

Exclusion of Warranties and Limitation of Liability

Absorb hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, absorb may make available as part of the services or in its software products, tools and utilities for use and/or download. Absorb does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.

Absorb and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Absorb and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall absorb and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Absorb and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

You further acknowledge that absorb does not warrant that:

• The features or functionalities of the site or the services will be available at any time in the future.
• The operation of the site or the services will be uninterrupted, error free, or free of viruses or other harmful components,
• The site or the services are not vulnerable to fraud or unauthorized use, or You are responsible and ABSORB shall have no responsibility for determining that your proposed use of the site and/or the services complies with applicable laws where you are using the site or the services or in your jurisdiction(s).

You expressly understand and agree that absorb shall not be liable for:
In no event shall absorb and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services Where juridictions does not permit exclusion or limitation of liabilty in such an evrent the only remedy available is to discontinue use of services on the site.

Governing Law and Jurisdiction

These Terms and your use of the Site or the Services shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provisions or rules in any jurisdiction and the courts at Mumbai shall have exclusive jurisdiction in all matter of disputes.

Intellectual Property

While on Site we request you to follow and maintain the Intellectual Property Rights of others. ABSORB network, tradename, design, logo, brand name and service marks are owned by ABSORB . All information, content, data, text, graphics, images, videos, documents, Software and other materials made available through your use of the Site or the Services (excluding Your Content) (collectively, "ABSORB Content") is owned, licensed, or otherwise controlled by ABSORB .

You may display files, recordings, sound, music, graphics and images in connection with your use of the Site and/or Services ("Your Content"). You represent and warrant that you own or have the necessary permissions to use and authorize the use of Your Content. You further represent and warrant that Your Content does not and will not violate any third party rights or applicable law, rule, or regulation. You grant ABSORB and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display Your Content for the purpose of and in conjunction with your use of the Site and/or Services. ABSORB does not claim any ownership rights to Your Content. You acknowledge and agree that ABSORB is not responsible in any manner for Your Content, that you are solely responsible to retain adequate back-ups of Your Content, that you assume all risk associated with Your Content and the transmission of Your Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content.

In the event Your Content is removed pursuant to this process, you will receive information on how to file a counter-notice. Notices described in this section are legal notices separate from our regular activities or communications and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion, and may produce them pursuant to a legal discovery request.

Contact Address and Escalations

Support@theabsorb.com
help@theabsorb.com