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PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your
use of this website ("abnet.org") is expressly conditioned on your acceptance without
modification of the following terms and conditions the ("Terms and
Conditions"). By using this website, you signify your acceptance of
these terms and conditions.
Ownership
This
website, its design, all text, graphics, content, video, audio and the
selection and arrangement thereof are the property of ABNET Strategic
Network Services Canada, Limited ("ABNET"), and/or its
various subsidiaries, affiliates, ABNET Associate Dealers, third party
providers and distributors ("Third Parties"), and is protected
under the copyright laws of Canada and other countries. None of the
content found on this website may be reproduced, republished, distributed,
displayed, sold, transferred, or modified without the express written
permission of ABNET and/or the applicable third parties.
ABNET, this website, and all other ABNET related trademarks and design marks
displayed on this website (collectively, the "Trademarks") are
registered and common law trademarks of their respective owners. Nothing contained on
this website should
be construed as granting, by implication or otherwise, any license or
right to use any trademarks, including the Trademarks, except with the
express written permission of ABNET or such other party that may own the
applicable trademarks.
Use of Site
This website
may not, in whole or in part, be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the written
permission of ABNET, except that you may download, display and print the
materials presented on abnet.org for your personal, non-commercial use
only. Unauthorized use of this website and/or the materials contained on
this website
may violate applicable copyright, trademark or other intellectual property
laws or other laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in the materials. The
use of such materials on any other website or in any environment of
networked computers is prohibited. You are prohibited
from contributing, posting or transmitting any infringing, unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offence, give rise
to civil liability, or otherwise violate any law.
ABNET
reserves the right to limit quantities, refuse orders, terminate accounts,
and/or cancel orders in its discretion, including, without limitation, if ABNET
believes that customer conduct violates applicable law or is harmful to
the interests of ABNET or any third parties.
In its sole
discretion, in addition to any other rights or remedies available to ABNET
and without any liability whatsoever, ABNET at any time and without notice
may terminate or restrict your access to any component of this website.
Governing Law
This Agreement and its performance shall be governed by the laws of
the Province of Ontario, Canada. You consent and submit to the exclusive
jurisdiction of the courts of the Province of Ontario, Canada, in all
disputes arising out of or relating to the use of this web site and these
terms and conditions.
Liability Disclaimer
Except as explicitly
provided in the foregoing paragraphs, ABNET and the third parties make no
representations or warranties of any kind, express or implied, regarding
this website and/or any materials provided on this website, all of which are provided on
an "as is" and "as available" basis. ABNET and the
third parties do not warrant the accuracy, completeness, currency,
reliability or suitability of the operation of this website, or any of the
content or data found on this website, and expressly disclaim all warranties
and conditions, including implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement, and those arising by statute or otherwise in law or from
a course of dealing or usage of trade.
ABNET
and the third parties are not responsible for late, lost, incomplete,
illegible, misdirected or stolen messages or mail, unavailable network
connections, failed, incomplete, garbled or delayed computer
transmissions, on-line failures, hardware, software or other technical
malfunctions or disturbances or any other communications failures or
circumstances affecting, disrupting or corrupting communications.
ABNET
and the third parties assume no responsibility, and shall not be liable
for, any damages to, or viruses that may infect your computer equipment or
other property on account of your access to, use of, or browsing on this
website
or your downloading of any materials, data, text, images, video or audio
from this website. In no event shall ABNET or any of the third parties be
liable for any injury, loss, claim, damage, or any special, exemplary,
punitive, direct, indirect, incidental or consequential damages of any
kind (including, but not limited to lost profits or lost savings), whether
based in contract, tort, strict liability, or otherwise, which arises out
of or is in any way connected with any use of this website or content found
herein, any failure or delay (including, but not limited to the use of or
inability to use any component of this website for purchases), of the
performance or non performance by ABNET or any of the third parties, even
if such party has been advised of the possibility of damages by such
parties or any other party.
Maximum Liability
If, notwithstanding
the foregoing, ABNET or any of the Third Parties should be found liable
for any loss or damage which arise out of or is in any way connected with
any of the functions or uses of this website or its content, the liability of
ABNET and the Third Parties shall in no event exceed in the aggregate $250
CAD. The foregoing limitation does not apply to any liability explicitly
assumed by ABNET pursuant to the Credit Card
Policy, which is attached to
this website,
and is incorporated into these Terms and Conditions.
Indemnification
You shall defend and indemnify ABNET and any third party providers and
distributors and their officers, directors, employees, consultants,
representatives and agents from and against any claim, demand, cause of
action, damages, losses, costs and expenses, including without limitation
reasonable legal, accounting and other professional fees, as a result of
your use of this web site, including without limitation any feedback that
you provide.
Assignment
You may not assign, convey, subcontract or delegate your rights,
duties or obligations under this policy or under any agreement with ABNET
in connection with this web site.
Acknowledgement of Privacy
Policy
You have read the ABNET
Privacy Policy, the terms of which are incorporated herein, and agree that the terms of
such policy are reasonable. You consent to the use of your personal
information by ABNET and/or third parties in accordance with the terms of
and for the purposes set forth in the ABNET Privacy
Policy.
Pricing
All prices are quoted
and payable in Canadian dollars.
Due to
competitive market pressures, prices are subject to change. ABNET reserves
the right to correct, at any time, any pricing errors.
Product Warranties
If a product is
defective, the manufacturer's warranty applies. If none is specified, ABNET
offers a one year warranty on most products. Warranty information can be
checked for most products offered online by clicking on the Warranty
Information Button located on the display page of the product.
Product Returns and Exchanges
All returns and
product exchanges of new, unused products must be processed at a ABNET. Simply return the product, in its original condition and packaging,
with the official sales receipt you received with your purchase. For
warranty claims, please see the section of these Terms and Conditions
entitled "Product Warranties". If you required more information
or required assistance with a return or exchange, please call Customer
Service at 1-416-806-0826 or send an email to feedback@abnet.org.
Risk of Loss
Any products
purchased from this website are delivered to you by a third party delivery
company, pursuant to a shipping contract. The risk of loss for such
products pass to the purchaser at the time of delivery by ABNET to the
third party shipper.
Additional Terms
Separate terms and conditions may apply to purchases of products and services and other uses
of portions of this website and you agree to abide by such other terms and
conditions.
Links to Other Web Sites
This website
contains links to other web sites which are provided solely as a
convenience to you and the inclusion of any link does not imply
endorsement, investigation or verification by ABNET or the third parties
of the linked web site or information contained therein. ABNET and the
third parties shall not be responsible for the content of any other web
sites and makes no representation or warranty regarding any other web
sites or the contents or materials on such web sites. If you decide to
access other web sites, you do so at your own risk.
Your Relationship with ABNET
Any relationship between ABNET and you will be that of parties and
neither of us nor any of our respective officers, agents or employees will
be held or construed to be partners, joint ventures, fiduciaries,
employees or agents of the other as a result of your use of this web site
or any agreement entered into between you and ABNET in connection with
this web site.
Modification
ABNET
reserves the right to, without notice, make changes to this website,
including without limitation with respect to products offered, product
information, availability, content and pricing, and may at any time modify
the Terms and Conditions by updating, amending, modifying or adding new
conditions to them. Any use of this website by you after any revisions
shall be deemed to constitute acceptance by you of any amendments,
modifications or new conditions.
Criminal or Harmful Conduct
You are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or
profane material or any material that could constitute or encourage
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise violate any law. ABNET reserves the right to
refuse and /or cancel online event activities and related financial
transactions in its discretion, including, without limitation, if ABNET
believes that an individual or organization violates applicable criminal law or is harmful to the interests of ABNET. In its sole
discretion, in addition to any other rights or remedies available to ABNET
and without any liability whatsoever, ABNET at any time and without notice
may terminate or restrict your access to any component of this web site.
Severability
These Terms and
Conditions shall be deemed severable. In the event that any provision is
determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable law,
and such determination shall not affect the validity and enforceability of
any other remaining provisions.
Sufficient Legal Age
You represent that you are of sufficient legal age to use this web
site and to create binding legal obligations for any liability you may
incur as a result of the use of this web site. You understand that you are
financially responsible for all uses of this web site by you and those
using your e-mail information.
Headings
The headings used in
these Terms and Conditions are included for convenience only and will not
limit or otherwise affect these Terms and Conditions.
Feedback
ABNET
enables visitors to this website to provide ABNET with feedback by email or
otherwise ("Customer Content"). If you provide Customer Content
you grant ABNET a non-exclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, delete, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display
such Customer Content throughout the world in any media, now known or
hereafter developed, and you waive any and all moral rights in the
Customer Content. You also grant ABNET the right to use the name you
submit with the Customer Content, if any, in connection with ABNET's
rights hereunder.
Entire Agreement
These Terms and Conditions, together with those
incorporated or referred to herein constitute the entire agreement between
us relating to the subject matter hereof, and it supersedes any prior
understandings or agreements (whether electronic, oral or written)
regarding the subject matter, and may not be amended or modified except in
writing, or by ABNET making such amendments or modifications available to
it pursuant to the Terms and Conditions.
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