TERMS AND CONDITIONS
American Business Development Company, American Business Network and/or its affiliates (collectively the "Company") provide website features and other products and services to you when you visit or shop at the Company’s website, use the Company’s products or services, use the Company’s applications for mobile, or use software provided by the Company in connection with any of the foregoing (collectively, "Company Services"). The Company provides the Company Services subject to the following conditions.
By using Company Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Company Services, and sometimes additional terms may apply. When you use a Company Service, you also will be subject to the guidelines, terms and agreements applicable to that Company Service (the "Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Company Services, to understand our practices.
When you use Company Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Company Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Company Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Company Service is the exclusive property of the Company and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Company Service are trademarks or trade dress of the Company in the U.S. and other countries. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Company Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Company Services. This license does not include any resale or commercial use of any Company Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Company Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No Company Service, nor any part of any Company Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. 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 the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. You may not misuse the Company Services. You may use the Company Services only as permitted by law. The licenses granted by the Company terminate if you do not comply with these Conditions of Use or any Service Terms.
1. General Information
All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order should you choose not to take delivery of another item, using the original method of payment.
2. Delivery Location
Items offered on our website are only available for delivery to addresses within the established service areas for each location. If you are not sure you reside within an established service area, contact the nearest store.
3. Delivery Time
An estimated delivery time will be provided to you once your order is received. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Unless there are exceptional circumstances, we make every effort to fulfill your order within the next business day from the date of your order. Business days are Monday to Saturday, except holidays. Date of delivery may vary due to product availability, delivery location, method of delivery, and the items ordered.
You may need your own Company account to use certain Company Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of any Company Service is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. With respect to items sold by the Company, we cannot confirm the price of an item until you order it. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by the Company is higher than our stated price, we will, at our discretion, either contact you for instructions before delivery or cancel your order and notify you of such cancellation.
When you use apps created by the Company, such as the Company App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Company Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Company Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Company Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, COMPANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Company Service, or to any products or services sold or distributed by Company or through Company's 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 our corporate office. The arbitration will be conducted by 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. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 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 using any Company Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Pennsylvania, 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 the Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ADDITIONAL COMPANY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Company Services (the "Company Software").
Use of the Company Software. You may use Company Software solely for purposes of enabling you to use the Company Services as provided by Company, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Company Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Company Software in whole or in part. All software used in any Company Service is the property of Company or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Company Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Company Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Company Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Company Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Company or third-party terms applicable to any portion of Company Software, such as open-source license terms, such other terms will control as to that portion of the Company Software and to the extent of the conflict.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement. If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Phone: (814) 449-5021
Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
The "Abridged" Version
If you want to use the Company's website, network or app, you promise to treat other people on the site fairly, not infringe on anybody's rights, not steal or violate our copyrights on any of the site's materials, use our site as it was intended.
The Fine Print:
Together with our affiliates, American Business Development Company, American Business Network and/or its affiliates (collectively the “Company”) offer services subject to the following conditions. If you visit our site, available under the domain names www.ambusdev.com and www.americanbusiness.network (“the Sites”), you must accept these conditions. Please read them carefully. If you don’t agree with them, you may not and should visit, or use the services offered on, the Sites.
The Company may also amend this agreement at any time by posting the pertinent changes on these Sites. Such changes shall be effective immediately. The Company shall notify you electronically of any material amendments. Your continued use constitutes agreement with any amendments.
Agree To Our Legal Notices
We expect all users to be honest and to respect the views of others. Treat others the way you would like to be treated. Information and activities on these Sites shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography; contain any viruses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; link to any other site that contains illegal material, or for which you do not have a right to link to or include.
The Company communicates through email or posted notices on our sites. As a Site user, you agree that all agreements, disclosures, notices, and other communications you receive electronically satisfy the legal requirements of letters and other traditional paper-based written communications.
Minors and Use of Our Site
If you are under 18, you may use these Sites only with involvement of a parent or guardian.
Eligibility to Use the Site
This is open to anyone. We reserve the right to refuse service to anyone who violates the terms and conditions of use for these sites.
Unless we have your consent, we do not disclose your personal information to third parties for their marketing purposes. We use your information only as described in our Privacy Statement.
Warranty & Limit of Liability
The Company, our subsidiaries, officers, directors, employees and suppliers provide these Sites and services “as is” and without any warranty expressed, implied, or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Your specific legal rights may vary from state to state. Our liabilities are limited to the amount of fees you paid in the year prior to the action, giving rise to liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and our parent company, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or because of, your performance or breach of this Agreement or your violation of any law or the rights of a third party.
You agree to comply with all applicable domestic and international laws and regulations regarding the use of our services.
We do not control the information provided by users. Some of it may strike you as offensive, inaccurate, or misleading. So, be careful. Apply common sense when using our site. And please be aware of the risks involved when dealing with underage users or those who have falsely represented themselves. By using our site, you agree to accept these risks, and the Company is not responsible for the deeds of users of our Site.
Copyright and Trademarks
All content and software on this site, including–but not limited to–text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the exclusive property of The Company or its content and/or software suppliers, and are protected by United States and International copyright laws. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except your information) without the prior express written permission of the Company and the appropriate third-party. All trademarks not owned by the Company are the property of their respective owners. Trademarks may not be used in connection with any product or service that is not the Company’s, in any way that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. You may not use framing techniques to enclose any trademark, logo, or other proprietary information of the Company without our written consent.
The Company grants you a limited license to access and make personal use of our site and not to download or modify it, in part or whole, without our express written consent. No portion of this site may be reproduced, sold, I-Framed, embedded, or otherwise exploited for any commercial purpose without the express written consent of the Company.
Unauthorized use terminates your access.
You are responsible for all actions taken with your user information. For your protection, we recommend that you do not disclose any passwords to anyone. If you still choose to share your user information or password, you are responsible for all actions taken with your account.
If we cannot verify information you provide to us or if you breach this Agreement, we can warn users of your actions, or suspend or terminate your use of the site.
We may provide links to the sites of unaffiliated companies and certain other businesses. We are not responsible for and do not warrant the offerings of, or information provided by, any of such sites.
Governing Law and Disputes
You agree that this agreement is governed by the laws of the State of Texas. If you have a dispute, please first contact our Customer Service Department. If a customer service representative is unable to resolve your dispute, you may contact our corporate office at (800) 235-9602.
If you have any issues or concerns about any part of this Agreement, please contact us at: firstname.lastname@example.org.