Copyright © 2013-2015 / Above & Beyond Distribution
All Rights Reserved.
This website, including any subsite accessible through the homepage (the “Site”), is published and maintained by subsidiaries, affiliates, and/or related entities of Above & Beyond Distribution inc. (“A&B”). Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
Right to Use the Site And Its Contents
This Site is only for your personal use. You may not distribute exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, A&B grants you a non-exclusive, non- transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, A&B is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to “chat” or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although A&B may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, A&B is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. A&B may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate A&B’s policies in any way. A&B will fully cooperate with any law enforcement authorities or court order requesting or directing A&B to disclose the identity of anyone posting such materials.
A&B’s Rights to User’s Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non- proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way A&B uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by A&B anywhere in the world, in any medium, forever. Furthermore, A&B is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that A&B is not obligated to use any such ideas or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to A&B does not cause A&B to have any special responsibility to you.
Links
This website may contain links to other Internet sites on the World Wide Web. A&B provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that A&B approves of, endorses, or recommends that website. A&B disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Contests
This Site may contain contests that offer prizes or that requires you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with A&B authorized representative for the availability of specific products and services in your area.
A&B’s Right to Change These Terms and Conditions of Use or Content on the Site
A&B reserve the right to add, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. A&B may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend, and hold A&B and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in A&B’s defense of any claim. A&B reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of A&B.
Disclaimer of Warranties and Damages; Limitation of Liability
The only express warranties that apply to the Goods are those issued by the respective manufacturer, if applicable. Such warranties, if applicable, are exclusive and to the maximum extent permitted by law, A&B expressly excludes all other warranties, representations, guarantees or conditions of any kind, including any statutory, oral, written, express or implied, and any implied warranty of merchantability or fitness for a particular or general purpose.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, A&B MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A&B’S NEGLIGENCE, SHALL A&B BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF A&B OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL A&B’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
To the extent permitted by law and except if restricted or prohibited by law, these Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein without giving effect to the choice of laws provision thereof.
These Terms and Conditions apply to the extent permitted by law and unless restricted or prohibited by law. You may have additional rights in your local jurisdiction that these Terms and Conditions cannot change. If any term or provision in the agreement is found to be void or unenforceable, including for reasons of being against public policy, by a court of competent jurisdiction, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified (including if the court elects not to do so for any reason), then the same shall be deemed deleted in its entirety, and the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE TO DENY OR LIMIT ANY OF YOUR RIGHTS, OR YOUR LIABILITY AS A CONSUMER AS DEFINED PURSUANT TO ANY APPLICABLE LEGISLATION IN YOUR LOCAL JURISDICTION, WHICH RIGHTS YOU MAY HAVE AT LAW. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY SUCH RIGHTS, THE LATTER SHALL PREVAIL IN YOUR FAVOR.
Miscellaneous
No Waiver. If A&B does not exercise a right or power when it is able to do so, this will not prevent it from later exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner. A&B’s rights and remedies are additional to and not in derogation of, any other rights and remedies it may have at law.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms and Conditions.
English Language. The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.