Terms of Use for:

ABContrast.com, the ABContrast™ System, AUTHENTOLOGY™ and ABSOLUTE HARMONY©

Effective Date: August 9th, 2021, and in conjunction with the ABContrast™ Privacy Policy (8-9-21)

~ SUMMARY: Please Enjoy Our Products & Share News Of Us With Your Friends, Loved Ones and Associates - But Don’t Reproduce The ABContrast™ System Without Our Consent ~

By clicking 'Accept,' or by creating an ABContrast.com account, or by accessing or otherwise using the ABContrast.com website ("ABContrast"), you agree to be bound by these ABContrast Terms of Use ("Terms of Use") as of the date of initial use or sign-up ("Registration Date") as well as any applicable laws, statutes, and regulations. You should be at least eighteen (18) years of age to use ABContrast; if you are under eighteen (18) years of age, please do not create an ABContrast account unless proper parental or guardian consent is in place. If you are a Provider to a minor, make sure parent or guardian consent is in place.

1. The ABContrast Website

The ABContrast.com website, ABContrast™ System, the field of study called AUTHENTOLOGY™ and the ABSOLUTE HARMONY© companion guidebook are provided by Next Level Services, Inc., a New York corporation (the "Company"). By creating an ABContrast account, you will be able to complete the ABContrast assessment ("Assessment") and access a generated results report ("Report"). Each ABContrast account may only be used by a single, named user. Subject to these Terms of Use, including (without limitation) payment of the applicable fee(s) detailed on the site, the Company shall grant you access to the content, features, and functionality made available on ABContrast.

2. Fees & Payment Terms

Some functions of the ABContrast system have been made available to you via the website at no cost. It’s our expressed intent for you to enjoy them and gain the knowledge and eagerness that will aid you along your path to personal development. We retain all rights to those materials, and we ask you enjoy them personally as our guest on our site. Should you love what you see, consider purchasing our premium content as it’s what pays our bills – thanks!

In order to engage in the premium content, complete the Assessment and access your Report, you must create an ABContrast account and pay the fees specified on the site. Payment of the fee(s) will grant you access to your report and any additional content, features, or functionality the Company may choose to make available in its sole discretion. Fees must be paid in advance via credit card and are not intended as refundable unless the Company chooses to do so.

You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon the Company) ("Taxes") imposed on your use of ABContrast. "Taxes" do not include any taxes that are imposed on or measured by the net income of the Company.

If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, the Company may, without limiting its other rights and remedies, suspend your access to ABContrast until such amounts are paid in full.

3. ABContrast Data & Privacy (see also: separate Privacy Policy)

In order to deliver the Assessment, Report, and site to you, the Company must collect personal information from you. The Company will use your personal information in accordance with the Company's Privacy Policy. In order to provide you with ongoing access to your Report and the site, the Company will store personal information associated with your ABContrast account for as long as your ABContrast account remains active or until such a time the Company deems, provided in adherence to this Terms of Use and the Privacy Policy.

If your ABContrast account becomes inactive for over twelve (12) months OR at such a time that your access expires based on the plan you purchase OR if you are deemed non-compliant with the Terms of Use, the Company may terminate your ABContrast account and anonymize the personal information associated with your ABContrast account. If your ABContrast account is terminated or anonymized, then you will lose access to your ABContrast account and all associated data. Once your ABContrast account has been terminated or anonymized, you will be required to create a new account and pay the fees stated on the site if you want to generate a new Report.

At all times, including while your ABContrast account remains active or inactive and thereafter, the Company reserves the right to retain all data generated via ABContrast in non-personally identifiable format for the Company's research, product development, and other business purposes, also sharing this aggregate or anonymous information with any third parties that either operate this site or administer activities on the Company’s behalf.

Furthermore, this site may contain links to other websites. As such, the Company is not responsible for the privacy practices or the content of such websites or for the privacy policies and practices of other third parties or for any potential damages arising out of or in connection with the site to which it is linked. Your navigating to any unrelated site is at your own risk. The existence of a link between this site and any other website is not and should not be construed as an endorsement by the Company, and it is strictly prohibited to link other sites with this site without the Company’s prior written authorization.

**Note: you may acquire ABContrast™ system access through a login code or by means of another person, provider, manager or organization having purchased access for you. Depending on their status as a “Provider”, “Manager” or Parent Organization, they can pre-elect to receive your result WITH you or INSTEAD of you. In these events, the content of your results will be available to those who purchased or otherwise initiated your access and / or login code, as could be certain “comparison” reports. Your personal contact info will not be shared with them.

4. Downtime & Availability

The Company will use commercially reasonable efforts to make ABContrast available at all times except for planned downtime and unavailability caused by circumstances beyond the Company's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures.

Notwithstanding any of the foregoing, you have no expectation regarding the availability of ABContrast; the Company reserves the right to make ABContrast unavailable, either temporarily or permanently, by providing written notice via the site, and you agree that your payment of fees relating to your use of ABContrast is not contingent upon the delivery of any additional functionality or any additional support from the Company.

Furthermore, the Company claims no responsibility for viruses or other defects in this site or its contents, and in no event shall the Company be liable for any damages to users or their computer systems or otherwise.

5. Your Responsibilities

The Company makes ABContrast available on a 'one-user-per-account' basis. You may not share your ABContrast account or your ABContrast username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your ABContrast account and shall notify the Company immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to ABContrast or offer the Site, Assessment or the site's scoring services to any third party. You shall not use ABContrast to store or transmit any infringing, libelous, or otherwise unlawful or tortious material. You shall not use ABContrast to store or transmit malicious code or software that will impair the functionality of ABContrast or other websites or devices, or otherwise access ABContrast in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of ABContrast or attempt to gain unauthorized access to ABContrast for yourself or for others. You shall not copy, frame, or mirror any part of the site or any content made available on it. You shall not reverse-engineer ABContrast, the Assessment, your Report, or the scoring thereto. You shall not access ABContrast in order to build a competitive product or service or to copy any features, functions, scoring, or content made available on the site. You shall not remove any patent, copyright, trademark, trade secret, or any other proprietary rights notices from any part of the site or the materials made available on the site. You maintain FULL responsibility for your decisions and actions – the guidance and suggestions provided by ABContrast are for your consideration in your own life’s choices.

6. Intellectual Property

Your use of ABContrast involves the Company's intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Company is the sole and exclusive owner of all ABContrast content and accompanying intellectual property rights. The Company reserves all right, title, and interest in and to the ABContrast content and intellectual property, including but not limited to patent, copyright, trademark, trade secret, and other proprietary rights. Your limited license to use ABContrast content is expressly limited by these Terms of Use.

ABContrast provides you with the ability to purchase an electronic administration of the Assessment in order to generate your Report. If you purchase such an administration, then the Company grants you a limited license to access and view your Report (and the supplemental content made available on the site) but only for your personal, non-commercial use. You agree not to infringe any of the Company's intellectual property rights in any content licensed to you. This limited license that the Company grants to you is non-exclusive, non-transferable, and non-sublicensable, and expires when your ABContrast account terminates. You may not alter or modify any ABContrast content. You may not distribute any ABContrast content in any manner not specifically anticipated by these Terms of Use. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any ABContrast content.

The site may allow you to provide written feedback on one or more aspects of the site. If you choose to provide such feedback, the Company may use such feedback to alter or improve the site and its associated functionality. The Company has no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit.

7. Term & Termination

Your use of ABContrast shall be governed by these Terms of Use starting on your Registration Date.

You may request that the Company delete your ABContrast account at any time by providing the Company with thirty (30) days' written notice. Should you choose to delete your account, you will not receive any refunds, and you will need to create a new account and pay the fees specified on the site if you wish to generate a new Report.

If the Company determines, in its sole discretion, that you have breached these Terms of Use, then the Company may terminate your ABContrast account by providing written notice to you by mail or email. Such termination by the Company shall be effective as of the date the Company provides such notice.

If your account is deleted, then you will lose all access to ABContrast and your ABContrast account data.

8. Miscellaneous

You agree to defend and indemnify the Company, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind, including reasonable attorney’s fees, arising out of or in connection with any actual or alleged breach of these Terms of Use, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms of Use.

IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY'S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS OF USE.

THE SITE AND ITS ASSOCIATED FUNCTIONALITY ARE PROVIDED "AS-IS at the time of use." THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS FUNCTIONALITY, INCLUDING ANY REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Company shall be addressed using the information made available under the "Contact Us" portion of the site. All notices to you shall be addressed to the most recent contact information associated with your ABContrast account. No failure or delay by the Company in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, the Company's remedies provided herein are in addition to, and not exclusive of, any other remedies at law or in equity. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of the Company. These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed exclusively by the internal laws of the State of New York, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. The Company may update these Terms of Use at any time for any reason by providing written notification via posting to the site’s terms of use tab. You should periodically visit this page to review the current terms to which you are bound.

Trademarks: ABCONTRAST and AUTHENTOLOGY are approved for trademark protection or are registered trademarks of Next Level Services, Inc. Other trademark protection activity is pending.

Copyrights: We reserve all rights to any published materials and forbid reproduction of all per section #5 (“YOUR RESPONSIBILITIES”) above. The electronic and physical editions of the book, ABSOLUTE HARMONY©, are federally copyright protected and the site’s content is derivative from the book.

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Contact Us

If you have any question about these Terms of Use, please contact us as indicated below. We will attempt to respond promptly.

By email:
team@abcontrast.com

By mail:
the ABContrast
c/o Next Level Services, Inc.
P.O. Box #186
Horseheads, NY 14845