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Welcome to the abernookgifts.com web site ("Our Site"), the site operated by Abernook Gifts. 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. If you do not agree with all of the terms listed here, please immediately discontinue visiting or accessing Our Site.
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 Gifts" 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.
Abernook Gifts, AbernookGifts, abernookgifts.com, and other trademarks, logos and indicia of source (collectively, "Trademarks") displayed on Our Site are owned by Abernook Gifts 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 Gifts 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.
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).
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.