Welcome to the Abernook.com web site ("Our Site"),
the site operated by Abernook, LLC.
This is the user agreement that governs your use of the site ("Agreement").
Please read this Agreement carefully, because by using Our Site you agree
to abide by its terms and conditions.
We may change the terms from time to time and any change will be effective
from the day of posting, so please check this page periodically.
COPYRIGHT
Our Site and all its content, including but not limited to its text,
photographs including those of product, graphics, logos, button icons,
images, audio clips, and software, is owned by or licensed to "Abernook, LLC"
and may be protected by United States and international patent, trademark,
and copyright laws and other intellectual property laws ("Intellectual Property").
You may reproduce, distribute, display or transmit an insubstantial
portion of "Our Site" content only for purposes that are personal and
noncommercial (and related to the purchase of products from "Our Site"),
provided that you include all trademark, copyright and other proprietary
rights notices in the same form in which the notices appear on "Our Site".
Except for the purpose noted above, you may not reproduce, publish, transmit,
distribute, display, modify, create derivative works from, sell or
participate in selling, or exploit in any way, in whole or in part,
"Our Site", any of its contents, or any related software.
TRADEMARK
Abernook, LLC, Abernook, Abernook.com, and other trademarks,
logos and indicia of source (collectively, "Trademarks") displayed on
Our Site are owned by Abernook, LLC or one of its related entities.
The Trademarks may not be used in connection with any product or service that
does not belong to us in any manner that is likely to cause confusion about
whether Abernook, LLC is the source, sponsor or endorser of the
product or service without our prior written consent, and may not be used
in any manner that disparages or discredits Abernook, LLC.
Unauthorized use of any Intellectual Property may result in an action
for infringement.
PRODUCT INFORMATION
The products displayed on Our Site are available
while supplies last.
In some cases, a product may be temporarily out of stock in which case
You will be notified as soon as possible.
The prices displayed on Our Site are quoted in U.S. Dollars and are valid
and effective only in the United States at the time of posting and may
change from time to time.
We make every effort to display product pictures on Our Site as accurately
as possible, but we cannot guarantee that your monitor's display of any
product will be accurate.
DISCLAMERS OF WARRANTIES
OUR SITE IS AVAILABLE "AS IS."
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE
INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE.
WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS,
TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
MATERIAL, DATA OR DATABASE DISPLAYED, POSTED OR DISTRIBUTED ON OUR SITE
OR AVAILABLE THROUGH LINKS ON OUR SITE.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE.
WE DISCLAIM ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY.
WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO OUR SITE OR ANY
INFORMATION OR GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED
OR SOLD THROUGH OUR SITE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY.
WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES,
OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE.
HOWEVER, SINCE WEB BROWSING INVOLVES CONNECTIONS THROUGH MANY
SERVICE PROVIDERS AND WEB BROWSING CONFIGURATIONS,
WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM RELATED TO ACCESSING OUR SITE.
IF YOU RELY ON OUR SITE AND ANY OF ITS CONTENT,
YOU DO SO SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL ABERNOOK, LLC OR ANY OF IT'S
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR
ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE OUR SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES
AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF
ABERNOOK, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH OUR SITE OR ANY CONTENT ON OUR SITE,
OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING OUR SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE, THAT YOUR USE IS AT YOUR
SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH
ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID
OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
THE ABERNOOK, LLC UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS OF USE
BY ACCESSING AND USING OUR SITE, YOU AGREE THAT YOUR ACCESS TO AND
USE OF OUR SITE IS SUBJECT TO THESE TERMS AND CONDITIONS,
AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED
PURSUANT TO THE LAWS OF THE STATE OF ILLINOIS,
UNITED STATES OF AMERICA.
Abernook(tm) and the Abernook logo are trademarks of Abernook, LLC.
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