ABUniverse.com (“ABU”) operates this Site to provide online
access to information about ABU and the products, services, and opportunities
we provide (the “Service”). By accessing and using
this Site, you agree to each of the terms and conditions set forth herein
areas of this Site or to particular content or transactions are also posted in
applicable additional terms and conditions, are referred to as this
ABU reserves the right to modify this Agreement at any time
without giving you prior notice. Your use of the Site following any such
modification constitutes your agreement to follow and be bound by the Agreement
1. Use of Site
You may use the Service, the Site, and the information, writings,
images and/or other works that you see, hear or otherwise experience on the
Site (singly or collectively, the “Content”) solely for your non-commercial,
personal purposes and/or to learn about ABU products and services. No right,
title or interest in any Content is transferred to you, whether as a result of
downloading such Content or otherwise. ABU reserves complete title and full
intellectual property rights in all Content. Except as expressly authorized by
this Agreement, you may not use, alter, copy, distribute, transmit, or derive
another work from any Content obtained from the Site or the Service, except as
The Site and the Content are protected by U.S. and/or
foreign copyright laws, and belong to ABU or its partners, affiliates,
contributors or third parties. The copyrights in the Content are owned by ABU
or other copyright owners who have authorized their use on the Site. You may
download and reprint Content for non-commercial, non-public, personal use only
(If you are browsing this Site as an employee or member of any business or
organization, you may download and reprint Content only for educational or
other non-commercial purposes within your business or organization, except as
otherwise permitted by ABU). You may not manipulate or alter in any way images
or other Content on the Site.
You are prohibited from using any of the marks or logos
appearing throughout the Site without permission from the trademark owner,
except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information
are provided solely as a convenience to you. If you use these links, you may
leave the Site. Such links do not necessarily constitute or imply an
endorsement, sponsorship, or recommendation by ABU of the third party, the
third-party web site, or the information contained therein. ABU is not
responsible for the availability of any such web sites. ABU is not responsible
or liable for any such web site or the content thereon. If you use the links to
the web sites of ABU affiliates or service providers, you may leave the Site,
5. Linking to this Site
If you would like to link to the Site, please feel free to
do so. You may connect “deep links” to the Site, i.e, create links to this site
that bypass the home page or other parts of the Site. You may not mirror or
frame the home page or any other pages of this Site on any other web site or
web page without prior written permission.
6. Downloading Files
ABU cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by
software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the
copyrighted work of ABU and/or its licensors. Use of such software is governed
by the terms of the end user license agreement that accompanies or is included
with the software. Downloading, installing, and/or using any such software
indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
ABU MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE
CONTENT. ABU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE
FURNISHED OR TO BE FURNISHED VIA THE SITE. ABU DOES NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE
CORRECTED. ABU DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR
THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE
CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL ABU BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY
TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED
THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
(IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V)
ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ABU
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ABU’S LIABILITY IS LIMITED
AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL,
IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible
for your behavior on the Site. You agree to indemnify, defend and hold harmless
ABU, its parent companies, subsidiaries, affiliated companies, joint ventures,
business partners, licensors, employees, agents, and any third-party
information providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable attorneys’ fees,
resulting from or arising out of your use, misuse, or inability to use the
Site, the Service, or the Content, or any violation by you of this Agreement.
12. User Conduct
You agree to use the Site only for lawful purposes. You
agree not to take any action that might compromise the security of the Site,
render the Site inaccessible to others or otherwise cause damage to the Site or
the Content. You agree not to add to, subtract from, or otherwise modify the
Content, or to attempt to access any Content that is not intended for you. You
agree not to use the Site in any manner that might interfere with the rights of
13. Unsolicited Idea Submission Policy.
ABU or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns, marketing
strategies, new or improved products, technologies, services, processes,
materials, or new product names. We have found this policy necessary in order
to avoid misunderstandings should ABU’s business activities bear coincidental
similarities with one or more of the unsolicited ideas offered to us. Please do
not send your unsolicited ideas to ABU or anyone at ABU. If, in spite of our
request that you not send us your ideas, you still send them, then regardless
of what your posting, email, letter, or other transmission may say, (1) your
idea will automatically become the property of ABU, without any compensation to
you; (2) ABU will have no obligation to return your idea to you or respond to
you in any way; (3) ABU will have no obligation to keep your idea confidential;
and (4) ABU may use your idea for any purpose whatsoever, including giving your
idea to others.
However, ABU does welcome feedback regarding many areas of
ABU’s existing businesses that will help satisfy customer’s needs, and feedback
can be provided through the many listed contact areas on the Site. Any feedback
you provide shall be deemed a Submission under the terms in the User Supplied
Information section below. Please send these ideas to firstname.lastname@example.org.
14. User Supplied Information
ABU does not want to receive confidential or proprietary
information from you via the Site. You agree that any material, information, or
data you transmit to us or post to the Site (each a “Submission" or collectively
“Submissions”) will be considered non-confidential and non-proprietary. For all
Submissions, (1) you guarantee to us that you have the legal right to post the
Submission and that it will not violate any law or the rights of any person or
entity, and (2) you give ABU the royalty-free, irrevocable, perpetual,
worldwide right to use, distribute, display and create derivative works from
the Submission, in any and all media, in any manner, in whole or in part,
without any restriction or responsibilities to you.
Please note: all correspondence with ABU via email or
telephone is considered confidential.
15. Password Security
If you register to become an ABU.com member, you are
responsible for maintaining the confidentiality of your member identification
and password information, and for restricting access to your computer. You
agree to accept responsibility for all activities that occur under your member
identification and password.
Any products purchased online from the Site will be billed
and shipped under the name of ABU’s parent company “Care Health Services, Inc.”. Due to the nature of the ABU product line, no refunds will be issued
after an order has been opened.
17. Taxes/Duties on International Purchases
Any products purchased online from the Site to be shipped to an address outside
the United States of America may be subject to taxes, duties, tariffs or other importing fees ("Fees") imposed at the
governmental level. By purchasing merchandise from the Site for shipment outside the U.S.A.; you agree
to be responsible for full payment of all Fees levied by the sovereignty responsible for your final destination shipping address.
These fees will be collected by Fed/Ex, the U.S. Postal Service or other shipping carrier on behalf of the appropriate governmental agency.
18. General Provisions
a. Entire Agreement/No Waiver.
to the subject matter hereof. No waiver by ABU of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
b. Correction of Errors and
Inaccuracies. The Content may contain typographical errors or other
errors or inaccuracies and may not be complete or current. ABU therefore
reserves the right to correct any errors, inaccuracies or omissions and to
change or update the Content at any time without prior notice. ABU does not,
however, guarantee that any errors, inaccuracies or omissions will be
c. Enforcement/ Choice of Law/
Choice of Forum. If any part of this Agreement is determined by a court
of competent jurisdiction to be invalid or unenforceable, it will not impact
any other provision of this Agreement, all of which will remain in full force
and effect. Any and all disputes relating to this Agreement, ABU’s Privacy
Policy, your use of the Site, any other ABU web site, the Service, or the
Content are governed by, and will be interpreted in accordance with, the laws
of the State of Washington, without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Date of Last Modification: January 14, 2011