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Terms and Conditions

Your Acceptance of this Legally Binding Agreement

IMPORTANT: BY USING OR ACCESSING THE Abby Smith Brands WEBSITE AND THE INFORMATION, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms and conditions of this Agreement, do not use or access the Abby Smith Brands web site or information, products or services provided therein. This Agreement is between you (“You”) and Abby Smith Brands and is effective at the date of your first use or access of the Abby Smith Brands web site.

You further agree that Abby Smith Brands may change, alter, amend or replace all or any part of this Agreement at any time, that such changes, alterations, amendments or replacements shall be effective as of the time of posting. If you do not agree with the changed, altered, amended or replaced Agreement, do not use or access the Abby Smith Brands website or information, material, products or services provided therein. Continued use after the time of posting changes will constitute acceptance of the changed, altered, amended or replaced Agreement.

Ownership of Content and Intellectual Property Protection

You acknowledge and agree that any and all information, material, products and services, including data, databases, graphics, text, files, interfaces, web pages, product names and logos contained on the Abby Smith Brands website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Abby Smith Brands.

Content on the Abby Smith Brands website is protected under patent, copyright, trademark, proprietary or other intellectual property laws of Canada, the United States and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement.

Disclaimer of Warranties

All Content is provided “as is” without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.

We at Abby Smith Brands make every effort to guarantee availability and price of all items for the magazine year, however, unforeseen circumstances may warrant modifications at any time. Due to dye lot variations and component availability, minor substitutions may be required. All lengths and sizes noted are approximate and may vary slightly. Colors vary slightly due to the manufacturing process specific to each product. Although it is impossible to achieve an exact color match for every item, small variations in color serve to enhance the overall effect of your color scheme. Products seen on the online catalog do not always represent an identical color match. Color reproduction is limited by various situations beyond our control such as the hue/contrast settings on your monitor. All prices are subject to change without prior notification.

Abby Smith Brands MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.

Limitation of Liability

Abby Smith Brands assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the website, regardless of cause.

Abby Smith Brands OR ITS EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE Abby Smith Brands WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF Abby Smith Brands IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALTHOUGH Abby Smith Brands TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND Abby Smith Brands MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE Abby Smith Brands WEBSITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. Abby Smith Brands ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO Abby Smith Brands, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND Abby Smith Brands.

Indemnification

You agree to indemnify, defend, and hold Abby Smith Brands Incorporated, or their respective employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by Abby Smith Brands arising out of the access to or use of the Abby Smith Brands website or any Content (including Products and services and Third party Content) contained in or on the website. You further acknowledge that Third Party Content is provided by third parties and that Abby Smith Brands cannot control such content.

Your Account

You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact immediately.

Amendments to the Web Site

You agree and acknowledge that Abby Smith Brands may modify any or all of the Abby Smith Brands website at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.

Restricted Access

You agree that you will not attempt to enter restricted areas of Abby Smith Brands’s computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Abby Smith Brands may, without notice, temporarily or permanently suspend your access to the website and the Content by deactivating your account or password if Abby Smith Brands reasonably suspects that you are using the account or password to obtain unauthorized access to Abby Smith Brands’s other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Abby Smith Brands may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Termination of this Agreement

This Agreement is effective until terminated by Abby Smith Brands, in its sole and absolute discretion. Abby Smith Brands may terminate this Agreement without notice to you and will do so if you use or attempt to use the website or the Content therein in any manner contrary to the terms of this Agreement.

The Ownership of Content and Intellectual Property Protection, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.

Permissions

If you are interested in reproducing any Site Content, you will need our written permission, which we may approve or deny in our sole discretion. Please contact us with your request.

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Phone: 212-537-6932