TERMS & CONDITIONS AGREEMENT
This Terms & Conditions Agreement governs use of this Website (www.alberdingkusa.com), which is operated by Alberdingk Boley, Inc. (“Alberdingk Boley” or “we”).
1. General. BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS CONTAINED IN THIS TERMS & CONDITIONS AGREEMENT (THE “AGREEMENT”) AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. If you do not agree to these terms, you should refrain from accessing and using this Website.
2. Registration. In consideration of your use of this Website, you agree to provide true, accurate, and complete information about yourself as prompted by the Website registration or ordering processes, as applicable. In addition, you agree to update that information in order to maintain its truth, accuracy, and completeness.
3. Obligation for Using Your Password. If you register as an account holder, you agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through this Website for which you will be legally responsible. ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THIS WEBSITE WILL BE DEEMED BINDING ON YOU. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact us immediately to authorize us to deny access to the Website to anyone else presenting your password.
4. Modifications To This Website. You understand and agree that we may discontinue or change this Website at any time, without notice to you. We make no commitment to update the information and content on this Website.
5. Intellectual Property Protection. The information and content displayed on this Website, including, without limitation, any and all text, artwork, graphics, brand names, logos, button icons, images, audio clips, digital downloads, prices, product descriptions, and data compilations (collectively, “Content”), is the property of Alberdingk Boley or its licensors, and is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such Content without the prior written consent of Alberdingk Boley. Systematic retrieval of data or other content from this Website to prepare any collection, compilation, database, or directory is strictly prohibited. EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER ALBERDINGK BOLEY NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THIS WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
6. Content Use Limitations. We hereby grant you the limited right to view and use this Website only for the purposes of accessing information, placing product orders as applicable, and posting and uploading content to and through this Website as may be permitted therein. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this Website as described in Section 12 below. Any rights not expressly granted to you herein are reserved to Alberdingk Boley.
7. Links to Other Sites. This Website may contain hyperlinks to third party websites that are not under the control of Alberdingk Boley, and we are not responsible for any content on any hyperlinked website. If you access a third party website from this Website, then you do so at your own risk. A hyperlink to a third party website does not imply that Alberdingk Boley endorses the content on or the business of the hyperlinked website. You are solely responsible for determining the integrity and reliability of the information on the hyperlinked website. Alberdingk Boley provides hyperlinks only as a convenience.
8. Disclaimer of Warranties. We use reasonable efforts to provide accurate, complete, and current information on this Website. However, we do not guarantee or warrant that the Content herein is accurate, complete, timely, or free of technical or typographical errors. It is your responsibility to verify any information provided. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALBERDINGK BOLEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALBERDINGK BOLEY MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THIS WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR FREE; NOR DOES ALBERDINGK BOLEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. ALBERDINGK BOLEY MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. YOU AGREE THAT NEITHER ALBERDINGK BOLEY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, EVEN IF ALBERDINGK BOLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THIS WEBSITE, ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THIS WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, AND/OR THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THIS WEBSITE. YOU SPECIFICALLY AGREE THAT ALBERDINGK BOLEY IS NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH THIS WEBSITE. IN THE EVENT ALBERDINGK BOLEY IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnity. You agree to indemnify and hold harmless Alberdingk Boley against any and all claims and expenses, including attorneys’ fees, arising from your use of this Website, breach of this Agreement, or breach of any third party’s rights.
12. Termination of Website Access and Account. You understand and agree that Alberdingk Boley, in its sole discretion, may refuse to accept your orders, refuse to fulfill your orders or any part thereof, terminate your account, delete any content stored in your account, direct you to cease using this Website, and discontinue or restrict your access to this Website, all without notice to you and for any reason. You agree that Alberdingk Boley shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website, your account, or any parts thereof.
14. Applicable Law. You acknowledge that the Content contained in this Website is controlled in and originates from the United States. Alberdingk Boley makes no representation that any of the Content is appropriate or available for use in other locations. Alberdingk Boley has no responsibility for any access to this Website from territories where the Content may be illegal or otherwise prohibited. If you choose to access this Website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of Website and any Content shall be governed by the internal substantive laws of the State of North Carolina, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of North Carolina for any such claim.
15. Entire Agreement. This Terms & Conditions Agreement, as amended, and the consents provided by you, constitute the entire agreement between you and Alberdingk Boley. If any provision of this Terms & Conditions Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms & Conditions Agreement and shall not affect the validity and enforceability of any remaining provisions. Alberdingk Boley’s failure to act with respect to a breach by you or others does not waive Alberdingk Boley’s right to act with respect to subsequent or similar breaches.
16. Changes. We reserve the right, at any time, to modify, alter, update or remove portions of this Terms & Conditions Agreement in our sole discretion. All changes are effective immediately when we post them and apply to all use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & Conditions Agreement means that you accept and agree to the changes. If you do not want to be bound by any revisions to this Terms & Conditions Agreement, you will need to terminate your registration, if any, and refrain from using the Website or ordering any products or services after that date. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding in you. We will post at the bottom of this page the date on which this Terms & Conditions Agreement was last updated.