GRANT OF LICENSE
Abby and Joe, Inc. grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by Abby and Joe, Inc. in writing, you agree not to use any software, program, application or any other device to access or log on to Abby and Joe, Inc.'s computer systems, or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Abby and Joe, Inc.'s computer systems, or proprietary software. Abby and Joe, Inc. is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the Website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Abby and Joe, Inc. or our affiliates without our express written consent. You may not use Abby and Joe, Inc.'s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Abby and Joe, Inc. or AbbyandJoe.com, in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Abby and Joe, Inc.
INFORMATION AND PRODUCT DESCRIPTIONS
The Website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through the Website, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Abby and Joe, Inc., the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Abby and Joe, Inc., the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Website. You understand that none of the Information available through the Website constitutes a recommendation or solicitation to take or not take any particular action.
Further, Abby and Joe, Inc. does not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free. If a product offered by Abby and Joe, Inc. itself is not as described, your sole remedy is to return it promptly in unused condition.
The Website may permit you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Abby and Joe, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Abby and Joe, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Abby and Joe, Inc. or its affiliates for all claims resulting from content you supply. Abby and Joe, Inc. has the right (but not the obligation) to monitor, edit or remove any activity or content but does not regularly review posted content. Abby and Joe, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, Abby and Joe, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Abby and Joe, Inc. for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
OTHER BUSINESSES AND LINKS
Parties other than Abby and Joe, Inc., AbbyandJoe.com and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, the Website may provide a link to other services or sites as part of the Website. Such sites are not under the control of Abby and Joe, Inc., AbbyandJoe.com, and Abby and Joe, Inc., AbbyandJoe.com makes no representations or warranties whatsoever of the offerings of, any of these Websites, businesses or individuals or the content of their Websites. Unless we expressly state otherwise, the fact that Abby and Joe, Inc., AbbyandJoe.com has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Websites so long as the link does not portray Abby and Joe, Inc., AbbyandJoe.com and the Website, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Abby and Joe, Inc., AbbyandJoe.com's logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to the Website in any way that suggests Abby and Joe, Inc., AbbyandJoe.com has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONSTHIS WEBSITE IS PROVIDED BY ABBY AND JOE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABBY AND JOE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABBY AND JOE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABBY AND JOE, INC. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THESE WEBSITES OR ABBY AND JOE, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABBY AND JOE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Abby and Joe, Inc., AbbyandJoe.com and its officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
The Website, its content and compilation of content, and all software used on the Website is owned by Abby and Joe, Inc., AbbyandJoe.com and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Abby and Joe, Inc., AbbyandJoe.com. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Abby and Joe, Inc., AbbyandJoe.com's or its third party Information Providers' copyrights and other proprietary rights.
Abby and Joe, Inc., AbbyandJoe.com and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our Websites are trademarks or trade dress of Abby and Joe, Inc., AbbyandJoe.com in the United States and other countries. Abby and Joe, Inc., AbbyandJoe.com's trademarks and trade dress may not be used in connection with any product or service that is not Abby and Joe, Inc., AbbyandJoe.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Abby and Joe, Inc., AbbyandJoe.com or the Website. All other trademarks not owned by Abby and Joe, Inc., AbbyandJoe.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Abby and Joe, Inc., AbbyandJoe.com.
MODIFICATIONS TO THE WEBSITE
Abby and Joe, Inc., AbbyandJoe.com reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that Abby and Joe, Inc., AbbyandJoe.com will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You further agree that Abby and Joe, Inc., AbbyandJoe.com, in its sole discretion and with or without notice, may terminate your access to the Website, and remove and discard any information or content within the Websites. You also agree that Abby and Joe, Inc., AbbyandJoe.com will not be liable to you or any third-party for any termination of your access to the Website.
Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Abby and Joe, Inc., AbbyandJoe.com or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Abby and Joe, Inc., AbbyandJoe.com.
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