This website, including without limitation all associated platforms, digital properties, web applications, mobile applications, software applications, application programming interfaces, software development kits, online services, offline services, content delivery systems, data processing systems, and any and all related or ancillary services, products, features, functionality, content, materials, and digital assets of any kind or nature whatsoever, is exclusively owned, operated, maintained, controlled, administered, and provided by Santa Fe Applied Systems LLC, a limited liability company duly organized, validly existing, and in good standing under and pursuant to the General Corporation Law and limited liability company statutes of the State of New Mexico, United States of America, and conducting business operations, engaging in commercial activities, and offering products and services to the public under the trade name, fictitious business name, assumed name, and doing-business-as designation of "ABsort" (hereinafter collectively, interchangeably, and comprehensively referred to as "the Company," "we," "us," "our," "ABsort," "Santa Fe Applied Systems," "the Organization," "the Entity," or similar designations as the context may require or permit).
The Company maintains its principal place of business, corporate headquarters, primary business operations, and registered agent for service of process within the territorial boundaries and jurisdiction of the State of New Mexico, United States of America. All corporate governance matters, internal corporate affairs, organizational structure, operating agreement provisions, member relations, management authority, capital contributions, profit and loss allocations, distribution policies, and other internal business matters of the Company are conducted, administered, and governed in strict accordance with and pursuant to the New Mexico Limited Liability Company Act (NMSA 1978, §§ 53-19-1 et seq., as may be amended from time to time), the Company's Certificate of Organization as filed with the New Mexico Secretary of State, the Company's Operating Agreement as may be amended, restated, or modified from time to time at the sole discretion of the Company's members and managers, and all other applicable provisions of New Mexico state law governing limited liability companies and business organizations.
Throughout and across all legal documentation, contractual agreements, service-level agreements, terms of service, privacy policies, data processing agreements, subscription agreements, licensing agreements, end-user license agreements, acceptable use policies, community guidelines, code of conduct documents, marketing materials, promotional content, advertising copy, technical documentation, user manuals, help documentation, support materials, training materials, educational content, white papers, case studies, blog posts, social media communications, press releases, public statements, investor relations materials, financial disclosures, and any other written, electronic, digital, verbal, or other forms of communications or documentation, whether public or private, internal or external, formal or informal, all references to, mentions of, or citations regarding "ABsort," "the Platform," "the Service," "the Software," "the Application," "the System," "the Solution," "the Product," "the Technology," or "the Company" shall be deemed, construed, interpreted, and understood to refer collectively, comprehensively, and without limitation, qualification, or exception to the products, services, technologies, platforms, solutions, systems, applications, software programs, intellectual property, proprietary methodologies, business processes, operational frameworks, technical architectures, data structures, algorithms, know-how, trade secrets, confidential information, and all other business operations, commercial activities, rights, assets, and interests owned, controlled, licensed, operated, maintained, provided, or otherwise commercially exploited by Santa Fe Applied Systems LLC.
The Company hereby expressly reserves and retains the exclusive, absolute, unconditional, and unqualified right, privilege, authority, and discretion, exercisable at any time and from time to time without prior notice, advance warning, consultation, consent, or approval from any third party, to conduct, operate, transact, and engage in business activities, commercial operations, and entrepreneurial endeavors under any additional, alternative, supplementary, or substitute trade names, fictitious business names, assumed names, doing-business-as names, brand names, product names, service names, or commercial designations as the Company may deem appropriate, necessary, useful, beneficial, advantageous, strategically valuable, commercially expedient, or otherwise desirable for its business operations, marketing initiatives, branding strategies, market positioning, customer acquisition, product launches, service offerings, strategic partnerships, joint ventures, licensing arrangements, franchise operations, subsidiary formations, affiliate relationships, corporate restructuring activities, merger and acquisition transactions, or any other legitimate business purposes as determined by the Company in its sole, absolute, and unfettered discretion.
All content, materials, works, creations, assets, resources, features, capabilities, functionality, tools, utilities, components, modules, libraries, frameworks, user interfaces, graphical user interfaces, visual interfaces, command-line interfaces, application programming interfaces, data visualization interfaces, dashboard interfaces, administrative interfaces, reporting interfaces, analytics interfaces, graphical elements, visual designs, aesthetic presentations, user experience designs, interaction designs, information architecture, navigation structures, site organization, layout designs, page templates, design systems, style guides, brand guidelines, color palettes, typography selections, iconography, imagery, photography, illustrations, graphics, charts, graphs, diagrams, infographics, animations, motion graphics, video content, audio content, audiovisual materials, multimedia presentations, interactive elements, dynamic content, static content, textual content, written materials, documentation, specifications, manuals, guides, tutorials, training materials, educational resources, help content, support articles, knowledge base entries, frequently asked questions, troubleshooting guides, best practices, use cases, case studies, white papers, technical papers, research papers, patents, patent applications, patent disclosures, invention disclosures, software applications, computer programs, source code, object code, executable code, binary code, compiled code, interpreted code, scripts, macros, batch files, configuration files, data files, database schemas, database structures, database queries, stored procedures, functions, methods, classes, objects, modules, packages, libraries, frameworks, software development kits, application programming interfaces, web services, microservices, serverless functions, cloud functions, edge functions, middleware, plugins, extensions, add-ons, integrations, connectors, adapters, algorithms, mathematical models, statistical models, predictive models, machine learning models, artificial intelligence models, neural networks, decision trees, regression models, classification models, clustering algorithms, optimization algorithms, search algorithms, sorting algorithms, data structures, abstract data types, linked lists, trees, graphs, hash tables, queues, stacks, heaps, tries, bloom filters, skip lists, data processing methodologies, data transformation procedures, data cleansing techniques, data normalization methods, data aggregation processes, data mining techniques, data analytics methodologies, business intelligence frameworks, reporting mechanisms, dashboard generation systems, visualization engines, charting libraries, graphing utilities, business processes, operational procedures, workflow diagrams, process flows, standard operating procedures, best practices, methodologies, frameworks, approaches, techniques, strategies, tactics, know-how, expertise, experience, insights, discoveries, innovations, inventions, improvements, enhancements, modifications, adaptations, developments, research results, experimental data, test results, performance metrics, benchmarks, analytics, statistics, measurements, observations, findings, conclusions, trade secrets, confidential information, proprietary information, non-public information, sensitive information, competitive intelligence, business plans, strategic plans, financial models, revenue models, pricing models, cost structures, profit margins, customer lists, customer data, customer profiles, user data, usage data, behavioral data, demographic data, psychographic data, transactional data, financial data, payment information, billing records, invoice data, subscription information, account information, marketing data, campaign data, conversion data, attribution data, analytics data, performance data, technical data, operational data, system logs, access logs, error logs, debug logs, audit trails, security logs, compliance records, regulatory filings, legal documents, contracts, agreements, licenses, permits, certifications, accreditations, registrations, trademarks, service marks, trade names, brand names, product names, logos, emblems, symbols, insignia, badges, seals, marks, indicia, trade dress, packaging designs, product designs, industrial designs, design patents, utility patents, plant patents, copyrights, copyright registrations, literary works, artistic works, musical works, dramatic works, choreographic works, pictorial works, graphic works, sculptural works, architectural works, compilations, collective works, derivative works, translations, adaptations, arrangements, dramatizations, fictionalizations, motion picture versions, sound recordings, performances, displays, broadcasts, transmissions, distributions, publications, domain names, URLs, web addresses, social media handles, social media accounts, email addresses, brand identities, corporate identities, visual identities, brand personalities, brand voices, messaging frameworks, communication strategies, and all other forms, types, categories, species, varieties, and manifestations of intellectual property, proprietary rights, intangible assets, creative works, technological innovations, commercial advantages, competitive differentiators, and business assets of any kind, type, nature, character, or description whatsoever, whether tangible or intangible, whether physical or digital, whether registered or unregistered, whether currently existing or subsequently created, developed, invented, discovered, conceived, reduced to practice, or otherwise brought into being, whether protected by statute, common law, or equity, whether domestic or foreign, whether federal, state, local, national, or international (collectively, comprehensively, and exhaustively referred to as "Company Property," "Company Intellectual Property," "Company IP," "Proprietary Assets," or similar designations) that are made available on, through, within, by means of, in connection with, in association with, or in any way related to this website, the ABsort platform, the Service, or any aspect of the Company's business operations are and shall at all times, for all purposes, under all circumstances, and in all jurisdictions remain the sole, exclusive, absolute, complete, total, unfettered, unencumbered, and unqualified property, ownership, and rightful possession of Santa Fe Applied Systems LLC and/or its licensors, suppliers, vendors, partners, affiliates, subsidiaries, parent companies, predecessors, successors, and assigns.
The Company Property is comprehensively, thoroughly, and completely protected by, safeguarded under, and subject to the provisions, requirements, protections, remedies, and enforcement mechanisms of United States federal law, including but not limited to the Copyright Act of 1976, as amended (17 U.S.C. §§ 101 et seq.), the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 1201 et seq.), the Patent Act (35 U.S.C. §§ 1 et seq.), the Lanham Act governing trademarks and unfair competition (15 U.S.C. §§ 1051 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act (18 U.S.C. §§ 2510-2523), the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831-1839), the Defend Trade Secrets Act of 2016 (18 U.S.C. §§ 1836-1839), the Semiconductor Chip Protection Act (17 U.S.C. §§ 901-914), the Vessel Hull Design Protection Act (17 U.S.C. §§ 1301-1332), federal criminal statutes relating to fraud, theft, and unauthorized access, as well as the laws of the State of New Mexico and all other states and territories of the United States, including the New Mexico Uniform Trade Secrets Act (NMSA 1978, §§ 57-3A-1 et seq.), New Mexico common law protecting trade secrets and confidential information, New Mexico statutory and common law prohibiting unfair competition, misappropriation, unjust enrichment, conversion, and tortious interference, and similar statutes, regulations, ordinances, and common law doctrines of all states, territories, possessions, and jurisdictions within the United States, as well as by international treaties, conventions, agreements, and protocols, including the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT), the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty (PCT), the Madrid Protocol for the International Registration of Marks, the Hague Agreement Concerning the International Registration of Industrial Designs, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, and the laws, statutes, regulations, directives, and court decisions of foreign countries, nations, states, provinces, territories, and jurisdictions throughout the world, including the European Union Copyright Directive, the EU Database Directive, the UK Copyright, Designs and Patents Act, the Canadian Copyright Act, the Australian Copyright Act, the Japanese Copyright Act, and corresponding intellectual property laws and regulations of all countries, nations, and jurisdictions worldwide.
Nothing whatsoever contained, stated, suggested, implied, or otherwise communicated in these Legal Notes, anywhere on or within this website or the Service, in any documentation, materials, or communications provided by or on behalf of the Company, in any verbal or written statements made by Company representatives, employees, agents, contractors, or affiliates, in any course of dealing, course of performance, usage of trade, industry custom, industry practice, prior negotiations, preliminary discussions, or other interactions, communications, or relationships between you and the Company, or in any other circumstances, contexts, situations, or conditions whatsoever shall be construed, interpreted, deemed, understood, or held as conferring, granting, bestowing, conveying, transferring, assigning, licensing, authorizing, permitting, or otherwise providing or creating, whether by implication, estoppel, waiver, acquiescence, course of performance, course of dealing, usage of trade, industry practice, verbal agreement, written agreement, implied agreement, mutual understanding, common intention, reliance, expectation, custom, habit, or any other legal theory, equitable doctrine, or basis whatsoever recognized by law or equity, any right, title, ownership interest, possessory interest, beneficial interest, security interest, lien, encumbrance, license (whether exclusive, non-exclusive, transferable, non-transferable, sublicensable, or non-sublicensable), sublicense, privilege, authority, permission, authorization, consent, approval, usage right, access right, exploitation right, commercialization right, modification right, derivative work right, distribution right, reproduction right, public display right, public performance right, digital transmission right, rental right, lending right, importation right, exportation right, or any other right, interest, privilege, or benefit of any kind, nature, type, or description under, to, in, or with respect to any patent, patent application, patent disclosure, invention disclosure, utility patent, design patent, plant patent, reissue patent, continuation patent, divisional patent, continuation-in-part patent, trademark, service mark, certification mark, collective mark, trade name, trade dress, brand name, brand identity, logo, slogan, tagline, trademark registration, trademark application, service mark registration, copyright, copyright registration, copyright application, work of authorship, literary work, artistic work, musical work, audiovisual work, sound recording, architectural work, compilation, collective work, derivative work, database, database right, sui generis database right, design right, industrial design, mask work right, semiconductor chip protection, trade secret, know-how, confidential information, proprietary information, technical information, business information, competitive advantage, or any other form, type, category, or species of intellectual property right, proprietary right, intangible property right, or other legal or equitable right belonging to, owned by, controlled by, or licensed to the Company or any third party, except solely, exclusively, and strictly to the limited extent of the narrow, restricted, conditional, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable license that may be expressly, specifically, and unambiguously granted to you in writing in a separate agreement such as our Terms of Service, and subject to all terms, conditions, restrictions, limitations, and requirements set forth therein.
Any unauthorized, unpermitted, unlicensed, prohibited, restricted, forbidden, or otherwise impermissible use, access, viewing, browsing, downloading, copying, reproduction, duplication, replication, distribution, dissemination, publication, broadcasting, transmission, retransmission, streaming, webcasting, podcasting, sharing, transfer, conveyance, circulation, propagation, dispersal, public display, public performance, public communication, making available to the public, rental, lending, leasing, sale, resale, license, sublicense, assignment, pledge, hypothecation, modification, alteration, adaptation, translation, localization, transformation, derivative work creation, compilation, decompilation, disassembly, reverse engineering, reverse compilation, deconstruction, decryption, decoding, extraction, mining, scraping, harvesting, collection, aggregation, indexing, analysis, commercial exploitation, competitive use, or any other form, manner, method, or means of use, access, handling, processing, or exploitation of the Company Property, in whole or in part, in any form, format, medium, media, technology, platform, channel, or method now known or hereafter invented, discovered, developed, or devised, for any purpose whatsoever, whether commercial, non-commercial, personal, educational, research, experimental, or otherwise, is expressly, absolutely, categorically, unequivocally, and unconditionally prohibited, forbidden, and banned to the fullest, maximum, broadest, and most comprehensive extent permitted, authorized, allowed, and recognized by applicable law, and may result in, give rise to, expose you to, or subject you to severe, substantial, significant, material, consequential, and potentially devastating civil liability, monetary damages, financial penalties, equitable remedies, and criminal penalties, including but in no way limited to actual damages, compensatory damages, consequential damages, special damages, incidental damages, statutory damages (which may be awarded without proof of actual damages), enhanced damages, treble damages, punitive damages, exemplary damages, nominal damages, liquidated damages, disgorgement of profits, accounting of revenues and proceeds, constructive trust imposition, restitution, unjust enrichment recovery, temporary restraining orders, preliminary injunctions, permanent injunctions, specific performance, declaratory judgments, attorney's fees and costs, expert witness fees, litigation expenses, court costs, pre-judgment interest, post-judgment interest, criminal fines, criminal penalties, imprisonment, incarceration, probation, parole, community service, restitution orders, forfeiture of assets, seizure of property, destruction of infringing materials, and any and all other civil remedies, equitable remedies, criminal penalties, administrative sanctions, regulatory enforcement actions, and other legal consequences, repercussions, liabilities, and detriments available under, authorized by, permitted by, or recognized by federal law, state law, local law, foreign law, international law, statutory law, regulatory law, administrative law, common law, equity, principles of justice, and any other source of law or legal authority with jurisdiction over the subject matter, the parties, or the conduct in question, all to the maximum, fullest, broadest, and most comprehensive extent permitted by applicable law.
Please be advised that all financial transactions, including payments for subscriptions or services, are processed and managed by a third-party Merchant of Record ("MoR"). Santa Fe Applied Systems LLC expressly disclaims any liability, responsibility, or obligation regarding the processing, security, or management of payment information. Any disputes, claims, or issues related to charges, billing, refunds, or financial data security must be directed exclusively to the MoR. The identity of the MoR is available upon formal written request to our Legal Department.
These Legal Notes, this website, the Service, your use of and access to the Service, your relationship with the Company, and any and all disputes, controversies, disagreements, conflicts, claims, demands, causes of action, proceedings, litigation, arbitration, mediation, or other legal or equitable matters of any kind, type, nature, or description whatsoever arising out of, relating to, based upon, connected with, attributed to, traceable to, or in any way associated with or concerning these Legal Notes, the Terms of Service, the Privacy Policy, any other policies or agreements between you and the Company, the Service, your use of the Service, your account, your subscription, any transactions or payments, the Company Property, intellectual property rights, privacy rights, data protection, security breaches, unauthorized access, violations of law, violations of these Legal Notes, contractual breaches, tortious conduct, statutory violations, regulatory violations, misrepresentation, fraud, negligence, gross negligence, recklessness, intentional misconduct, or any other aspect, facet, dimension, or element of your interaction, engagement, relationship, or dealings with the Company (collectively, comprehensively, and exhaustively,referred to as "Covered Matters" or "Disputes") shall in all respects, for all purposes, under all circumstances, and without exception, limitation, or qualification be governed by, subject to, construed in accordance with, interpreted under, analyzed pursuant to, applied consistent with, and controlled by the internal, substantive, non-conflicts laws of the State of Delaware, United States of America, without giving any effect to, regard to, consideration of, or application of any choice of law principles, conflict of law provisions, conflict of law rules, conflict of law doctrines, conflict of law statutes, or conflict of law regulations (whether of the State of Delaware, the State of New Mexico, or any other domestic or foreign jurisdiction, state, province, territory, or country) that would cause, require, dictate, mandate, necessitate, or result in the application, use, or reference to the substantive laws of any jurisdiction, state, province, territory, country, or legal system other than the State of Delaware.
You hereby expressly, unconditionally, irrevocably, absolutely, unequivocally, categorically, and completely consent, agree, submit, and subject yourself to the exclusive personal jurisdiction, subject matter jurisdiction, territorial jurisdiction, and in rem jurisdiction of, as well as the exclusive venue in, the following courts and only the following courts for any and all Covered Matters: (a) the Court of Chancery of the State of Delaware; (b) the Superior Court of the State of Delaware, sitting in and for New Castle County, Delaware; and (c) the United States District Court for the District of Delaware (collectively, the "Delaware Courts" or "Designated Forums"). You expressly, unconditionally, irrevocably, and absolutely acknowledge, recognize, accept, agree, confirm, and certify that the Delaware Courts constitute, represent, and embody the most appropriate, suitable, convenient, efficient, fair, equitable, just, reasonable, practical, and proper forums, venues, and tribunals for the resolution, adjudication, determination, disposition, and final settlement of any and all Covered Matters, disputes, controversies, claims, or causes of action arising from or relating to your use of the Service or your relationship with the Company.
Rationale for Delaware Forum Selection: The State of Delaware has been deliberately, intentionally, strategically, and purposefully selected as the exclusive forum for litigation, arbitration, and dispute resolution for numerous compelling, substantial, material, and well-established reasons, including but not limited to: (i) Delaware's highly developed, sophisticated, refined, specialized, and extensively documented body of corporate law, business law, commercial law, and LLC law jurisprudence providing predictability, consistency, and clarity; (ii) Delaware's judiciary possesses exceptional expertise, extensive experience, deep knowledge, specialized training, and demonstrated competence in adjudicating complex corporate, business, and commercial disputes; (iii) Delaware's Court of Chancery is universally recognized as the preeminent, leading, foremost, and most prestigious business court in the United States, with an unparalleled reputation for fairness, efficiency, and expertise in corporate matters; (iv) Delaware's strong statutory and common law protections for business privacy, corporate confidentiality, and ownership anonymity; (v) Delaware's robust legal framework protecting the confidentiality of LLC member identities, manager identities, beneficial ownership information, and internal corporate affairs from public disclosure; (vi) Delaware courts' established precedents limiting discovery intrusions into sensitive business information, trade secrets, competitive intelligence, and proprietary data; (vii) Delaware's well-established legal doctrines respecting corporate privacy, while balancing legitimate interests in transparency and accountability; (viii) Delaware's efficient case management procedures, streamlined litigation processes, and expeditious resolution of business disputes; and (ix) the mutual convenience, practicality, and efficiency of maintaining a single, consistent, predictable forum for all disputes rather than litigating in multiple, potentially inconsistent jurisdictions with varying legal standards and interpretations.
You hereby expressly, unconditionally, irrevocably, absolutely, permanently, and forever waive, relinquish, renounce, abandon, disclaim, forgo, surrender, and completely give up any and all objections, challenges, disputes, arguments, contentions, defenses, or other opposition of any kind, type, nature, or description to the personal jurisdiction, subject matter jurisdiction, territorial jurisdiction, in rem jurisdiction, or venue of any of the Delaware Courts for any Covered Matters, including but not limited to any objections, challenges, or defenses based upon, arising from, or relating to: (a) lack of personal jurisdiction, insufficient minimum contacts with Delaware, absence of purposeful availment of Delaware's laws or markets, lack of physical presence in Delaware, or any other personal jurisdiction grounds or theories; (b) improper venue, inconvenient forum, forum non conveniens, or preference for litigation in another jurisdiction, state, country, or legal system; (c) the expense, burden, inconvenience, difficulty, hardship, or practical challenges of litigating, defending, prosecuting, or participating in legal proceedings in Delaware rather than in your home jurisdiction, residence, place of business, or other preferred location; (d) the availability, accessibility, location, or convenience of witnesses, documents, evidence, records, or other proof in another jurisdiction; (e) the applicability, enforceability, or public policy of Delaware law versus the laws of other jurisdictions; or (f) any other procedural, substantive, practical, financial, geographic, or strategic grounds, reasons, bases, arguments, or considerations whatsoever. This waiver of objections is knowing, voluntary, informed, and made with full understanding of its legal significance and consequences.
You further expressly, unconditionally, and irrevocably agree, consent, acknowledge, and confirm that valid, effective, legally sufficient, and binding service of process, summons, complaint, subpoena, or other legal documents, papers, pleadings, or notices may be accomplished, effected, perfected, and completed upon you by any of the following methods, procedures, or means: (a) certified mail, return receipt requested, sent to the most recent postal mailing address, physical address, or street address that you have provided to the Company during account registration, subscription signup, or as subsequently updated in your account settings or profile information; (b) overnight courier service, express delivery service, or expedited shipping service (such as Federal Express, UPS, DHL, or other nationally recognized courier services) sent to such address; (c) personal service by a professional process server, sheriff, marshal, constable, or other authorized individual delivering the documents directly to you personally; (d) service upon your designated agent for service of process, registered agent, or authorized representative; (e) electronic service via email to the email address you provided during registration or as subsequently updated; (f) service by publication in a newspaper of general circulation if you cannot be located through reasonable diligence; or (g) any other method of service authorized, permitted, recognized, or allowed under the Delaware Rules of Civil Procedure, the Federal Rules of Civil Procedure, the Delaware Uniform Interstate and International Procedure Act, the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, or any other applicable federal, state, or international rules, procedures, statutes, treaties, or conventions governing service of process. You expressly waive any and all objections to such methods of service and agree that such service shall constitute actual notice and satisfy all due process requirements.
For any questions, concerns, inquiries, requests for information, requests for clarification, complaints, disputes, legal notices, notices of infringement, DMCA takedown notices, counter-notices, cease and desist letters, or any other communications regarding these Legal Notes, our Terms of Service, our Privacy Policy, intellectual property matters, trademark issues, copyright concerns, patent disputes, trade secret misappropriation, unfair competition, privacy violations, data breaches, security incidents, or any other legal, regulatory, compliance, or corporate governance matters concerning Santa Fe Applied Systems LLC, ABsort, the Service, or any aspect of the Company's business operations, please direct all correspondence, communications, and legal notices to:
Santa Fe Applied Systems LLC