Welcome to http://www.abbottsmart.com (the “Website”). We, being Abbottsmart Brands LLC. and/or its affiliates (the “Company”) own and operate the Website and are providing internet services to you subject to the following conditions. If you use, visit or shop at the Website, you accept these terms and conditions (“Terms”), so please read them carefully.
This electronic document is considered to be a legally binding and enforceable contract between you the Company. By using, visiting, or shopping at the Website you acknowledge that you are aware of and completely accept all of the terms and conditions of these Terms.
These Terms are divided into FOUR (4) sections, being:
- General Terms for All Users;
- Terms for Subscribers; and,
- Code of Conduct.
SECTION 1 – GENERAL TERMS FOR ALL USERS
Users include everyone who visits the Website, and includes those who have registered to view, enjoy and otherwise use the services offered by Website, whether for free or on a paid basis. Paid Users are referred to as “Subscribers”.
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. 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 on this site, such as video clips, video streams, 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 Canadian and international copyright laws. The compilation of all content on this site is also the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
“Abbottsmart.com” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Canada, 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 on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
License and Site Access
The Company grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not 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. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
Hyperlinking To Website, Co-Branding, “Framing” And Referencing Website Prohibited
Unless expressly authorized by Website, no one may hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to any other website for any reason. Further, Users are not allowed to reference the url (website address) of this Website in any commercial or non-commercial media without express permission, nor are Users allowed to ‘frame’ the Website. The User specifically agrees to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
Use Of Information From This Website
Unless you have entered into an express written contract with this Website to the contrary, Users are not permitted to use the information contained in the Website (the “Information”) in a commercial or public setting or to broadcast, copy, save, print, teach, sell, coach, or publish the Information or any portions of the content of this Website. By viewing the contents of this Website Users agree to this condition of viewing and Users acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. The User warrants that the User understands that accepting this provision is a condition of viewing the Website and that viewing constitutes acceptance.
Comments, Communications, and Other Content
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company has the right but not the obligation to monitor and edit or remove any information or other content. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
Copyright and Other Legal Rights Complaints
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation can be found at http://support.abbottsmart.com. We will process your complaint pursuant to the Copyright Act of Canada.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole legal remedy is to return it in unused condition.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Members of the Media
As a User, you certify that you are not a member of the media, or that if you are, you are participating on this Website solely for your personal enjoyment and not as part of any investigation or gathering of information for dissemination of information to the public as news and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe on the Website will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other User whatsoever.
Disclaimer of Warranties, Limitation of Liability and Indemnification
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DOWNLOADING ANY FILES OR INFORMATION FROM THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE WEBSITE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. WHILE EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS OFFERED AND THEIR POTENTIAL AND EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES AND TESTIMONIALS IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, THEIR IDEAS AND TECHNIQUES. THIS PRODUCT IS NOT A BUSINESS OPPORTUNITY AND ONLY PROVIDES ADVICE AND TRAINING ABOUT INTERNET AND SEARCH ENGINE OPTIMIZATION. THIS IS A NEW PRODUCT AND SYSTEM AND AS SUCH THERE IS NO HISTORY OF EARNINGS FROM ITS USE. WE DO NOT TRACK ACTUAL EARNINGS OF USERS OF OUR PRODUCT AS THE SAME WOULD VIOLATE THE USERS TRADE SECRETS AND CONFIDENTIAL OR PROPRIETARY INFORMATION. THE INFORMATION ON THIS SITE IS OUR EXPERIENCE WITH THE PRODUCT. IF YOU WANT TO SHARE YOUR EXPERIENCE LET US KNOW.
BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH THIS WEBSITE, INCLUDING ANY BANNERS, ADVERTISING, OR POP-UPS, DOWNLOADS, AND AS A CONDITION OF THE WEBSITE ALLOWING USER’S LAWFUL VIEWING, USER FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION DUE TO USER’S USE OF THE WEBSITE AND BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE.
USER AGREES THAT IN THE EVENT USER CAUSES DAMAGE WHICH THE WEBSITE IS REQUIRED TO PAY FOR, THE USER, AS A CONDITION OF VIEWING, WILL REIMBURSE THE WEBSITE FOR ANY AND ALL COSTS RELATING TO SUCH DAMAGE, INCLUDING WITHOUT LIMITATION ANY LEGAL FEES.
By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company, and any disputes shall be adjudicated in the City of Vancouver, British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
Please review our other policies as posted on this Website. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SECTION 2 – TERMS FOR SUBSCRIBERS
This Section applies to all Subscribers and their Accounts (“Accounts”), which may also be referred to as “Subscriptions”.
You agree to keep all of your Account information current (such as a change in billing address, card number, or expiration date), and you must promptly notify the Company if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made on the Website. If you fail to provide us any of the foregoing information, you agree that you are responsible for fees accrued under your Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will contact the Company to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as $60 CAD. You agree that you will pay any outstanding balance you have with the Company within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.
In order to provide continuous service, the Company provides the option for automatic renewal. If the automatic renewal option or checkbox is selected during the payment process, we will automatically renew all paid Subscriptions on the date such Subscriptions expire. After your initial Subscription commitment period, and again after any subsequent Subscription period, your Subscription will automatically continue for an additional equivalent period. You acknowledge that your Account will be subject to these automatic renewals if you had selected the automatic renewal option. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein.
The Company maintains a strict no-refund policy. All purchases made on the Website are final. If you choose to purchase a Subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining Subscription. Further, you agree that no refunds will be made on any remaining or unused Subscription or credits.
Subscriptions purchased are strictly non-transferable.
The Company reserves the right to offer free Subscriptions to any person(s) of its choice at any given time, for any duration, while charging other Subscribers, at the same time. We also reserve the right to cancel the free trial period at any time, for all or any of its Subscribers.
Upon registering as a Subscriber, you will choose a display name and password. You may not select or use a display name of another person (unless it is also your name), a name in violation of a third party’s property rights, or a display name that the Company deems offensive or otherwise inappropriate. The Company owns all display names and licenses them to you. We reserve the right to delete or alter any display name at any time.
You are entirely liable for all activities conducted through your Account. A Subscriber may not permit another individual to use the Subscriber’s Account without direct supervision by the Subscriber.
Subscribers who have had their Account terminated may not access the Website without the Company’s prior express written permission. Subscribers may not allow a former Subscriber whose Account has been terminated to use their Account. For additional information on re-registration and multiple Accounts you can contact us at http://support.abbottsmart.com.
Your bank or financial institution may impose fees for currency exchange and for international transactions. You are responsible for all such costs.
The Company may apply additional taxes as required by law in all regions.
For billing inquiries, or to request a detailed statement of your usage, contact us at http://support.abbottsmart.com.
THE COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ANY ONLINE AREAS, CONTENT, PREMIUM SUBSCRIPTIONS, OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES. THE COMPANY MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS, EMAIL, MEMBER INBOX ON SITE, THROUGH THE MAIL TO THE ACCOUNT HOLDER, OR BY ANY OTHER MEANS DEEMED REASONABLE BY THE COMPANY.
If any such change is unacceptable to you, you may terminate your Account as provided below. Your continued use of the Website following the effective date shall constitute your acceptance of such change.
Restriction on Resale of Company Products
The Company encourages all Subscribers to use any of our products, information and knowledge that Subscribers receive through their use of the Website (the “Products”) to sell third-party products online. While the Company wishes financial success upon all of our Subscribers, to protect our own business, we specifically prohibit the resale of any of our Products or the sale of any products created by Subscriber that are based on, derived from or substantially similar to any of the Products (the “Resale Policy”). The Subscriber agrees to abide by the Resale Policy and agrees that the Company shall have the right to pursue any available legal remedy against the Subscriber upon a breach by Subscriber of the Resale Policy
Representations and Warranties
You certify that YOU ARE AT LEAST NINETEEN (19) YEARS OLD or of the Age of Majority in the jurisdiction that you are domiciled in, whichever is older. You agree to provide the Company with accurate, complete, and current Account information. Failure to do this shall constitute a breach of these Terms and will result in immediate termination of your Account and subject you to civil and possible criminal liability. Unless you have prior written authorization from the Company, you may not register for additional Accounts after such termination.
Cancellation and Termination
Subscribers may cancel their Account at any time by sending written consent to us with your account username to http://support.abbottsmart.com. This is your sole right if you are dissatisfied with the Website in any way.
When you delete your Account or when your Account is suspended for violating these Terms, you agree that any remaining or unused Subscription fees and credits will be forfeited and no refunds will be issued for any remaining or unused Subscription fees and credits. Further, if your deleted Account is reinstated at a later date, you agree that any remaining or unused Subscription fees and credits you have remaining at the time of your Account deletion will not be reinstated with your Account.
Furthermore, the Company reserves the right to terminate any Accounts arbitrarily. We also reserve the right to deny service for Accounts and users deemed as fraudulent or otherwise high risk Accounts. Processing is at our discretion for refunds for claims of fraud and/or disputes via email, web chat with support, phone calls to our processor and/or requests from issuing banks, banks offering direct debit, card holders, and credit card issuers.
We also report at our discretion and cooperate with law enforcement in any claims of fraud or other illegal activity.
SECTION 3 – CODE OF CONDUCT
All Users, including but not limited to Subscribers, hereby agree NOT to use the Website for any of the following:
Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
Use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any person to any other website for any purpose;
Posting or sending material that depicts people in a sexual or violent manner, or solicits personal information from anyone under the age of majority in that person’s jurisdiction of domicile;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
Engaging in advertising to, or solicitation of, other Users to send money, buy or sell any products or services not approved by the Company;
Transmitting any chain letters or junk email;
Soliciting gambling or engaging in any gambling or similar activity;
Posting advertisements or solicitations of employment or business;
Using the Website to promote, solicit, or engage in prostitution;
Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another User;
Make criminal accusations against another User;
Make or promote any type of racism or hate towards anyone in specific or a group of people;
Post, directly or indirectly, any personally identifying information about another member without their consent. “Personally identifying information” can include, but is not limited to, a person’s full name, first name, last name, email address, profession, phone number, address and place of work;
Use the Website for any fraudulent purposes;
Collect or store personally identifying information about any other User(s) for commercial purposes;
Impersonate any person or entity, including, but not limited to, a Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking;
Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for “cracking” software or other copyrighted content;
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services; and
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons;
Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to those under the age of majority;
Any controlled substances or pharmaceuticals;
Any counterfeit or stolen items;
Any goods or services that do not, in fact, exist;
Any registered or unregistered securities;
Any items that violate or infringe the rights of other parties;
Any items that you do not have the legal right to sell; and
Any items where paying the Company any of the required transactional or listing fees would cause the Company to violate any law.
You further agree that you will not harass, annoy, intimidate, or threaten any of the Company’s employees, affilates or agents.