Terms of service
ERMS OF SERVICE (TOS)
Welcome to this web sites owned and operated by the ABXCORE, LLC., and its affiliates and/or subsidiaries (“ABXCORE Products”). ABXCORE Products is pleased to offer its products and provide other related information and materials to you through this Web site located at abxcore.com
IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE (COLLECTIVELY, THE“ABXCORE SITES”). ABXCORE IS WILLING TO LICENSE THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION BY ABXCORE PRODUCTS TO ACCESS OR OTHERWISE USE THIS AND ARE INSTRUCTED TO EXIT IMMEDIATELY.
TERMS AND CONDITIONS
1. LICENSE GRANT. This site is provided by ABXCORE Products, and this TOS provides to you (identified herein as "you" or a "User") a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that ABXCORE Products transfers no ownership or intellectual property interest or title in and to this site to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, including, without limitation, for commercial purposes, this site and any of the information, images, text, graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this site or in any way reproduce or circumvent the navigational structure or presentation of this site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this site, (ii) attempt to gain unauthorized access to any portion or feature of this site or any other systems or networks connected to this site or to any ABXCORE Products server(s) or to any of the services offered on or through this site, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of this site or any network connected to this site, nor breach the security or authentication measures on this site or any network(s) connected to this site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this site or ABXCORE Products' system(s) or network(s) or any system(s) or network(s) connected to this site, (vi) use any device, software, or routine to interfere with the proper working of this site or any transaction conducted on this site, or with any other person's use of this site, and (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ABXCORE Products on or through this site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY ABXCORE PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By installing, accessing, or using this site in order to view our information and materials and/or purchase a product, you represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to this site, including, without limitation, when you provide information via a registration or submission form found on any of this site. If you provide any false, inaccurate, untrue, or incomplete information, ABXCORE Products reserves the right to terminate your access and use of this site and/or cancel any of your product purchases or transactions with ABXCORE Products. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this site. You also acknowledge and agree that use of the Internet and this site are solely at your own risk. While ABXCORE Products has endeavored in each instance to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this site over the Internet or other global communication network cannot be guaranteed. Accordingly, ABXCORE Products is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
4. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through this site, unless otherwise indicated, are owned, controlled, and licensed by ABXCORE Products and/or its suppliers and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, ABXCORE Products does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that ABXCORE Products actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The www.abxcore.com Web site is Copyright © 2015-05-23 ABXCORE Products and/or its licensors. All rights reserved. ABXCORE Products also owns a copyright in the contents of each of this site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of each of this site. Any downloadable or printable programs, information, or materials available through this site and all intellectual property and/or proprietary rights related thereto, unless otherwise indicated, are owned by ABXCORE Products and/or its suppliers. [TRADEMARK] and all other names, logos, and icons identifying ABXCORE Products and its programs, products, and services are proprietary trademarks of ABXCORE Products, and any use of such marks without the express written permission of ABXCORE Products is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of any of this site, all of which are made a part of this TOS by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in a program, service, or feature. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of this site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the site, the latter terms shall control with respect to your use of that portion of the site. ABXCORE Products' obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this site should be construed to alter such terms, conditions, notices, and agreements.
6. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain portions of the site and/or the receipt of certain information, such as newsletters from this site, requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those areas of this site, you acknowledge and agree that your use of this site will constitute acceptance of ABXCORE Products' personal identifying information collection and use practices. Please see ABXCORE Products' Privacy Policy for a summary of ABXCORE Products' personal identifying information collection and use practices.
7. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. ABXCORE Products reserves the right to view, monitor, and record activity on this site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this site. ABXCORE Products will also comply with all court orders involving requests for such information. In addition to the foregoing, ABXCORE Products reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to this site, or any portion of this site, for any reason.
8. SUBMISSIONS. ABXCORE Products welcomes your feedback and suggestions about how to improve this site and/or the products and services of ABXCORE Products. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to ABXCORE Products, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to ABXCORE Products. In addition, any feedback received through these ABXCORE Sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ABXCORE Products to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
9. THIRD PARTY PRODUCTS/SERVICES. ABXCORE Products, in its sole discretion, may post the advertisements of third parties on this site and/or feature materials, programs, products, and services provided by third parties. ABXCORE Products makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this site are solely between you and such third party. ABXCORE Products expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this site, and you agree that ABXCORE Products shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this site.
10. LINKS TO OTHER SITES. ABXCORE Products may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by ABXCORE Products and are maintained by third parties over which ABXCORE Products exercises no control. Accordingly, ABXCORE Products expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
11. LINKS TO THESE SITES. ABXCORE Products encourages and permits text links to these ABXCORE Sites. However, ABXCORE Products is an organization committed to the highest ethics and standards and therefore, any links to this site should not suggest that ABXCORE Products promotes or otherwise endorses any third party products, services, programs, causes, campaigns, websites, or information unless ABXCORE Products has provided express prior written consent for such promotion or endorsement.
12. DISCLAIMER. WHILE ABXCORE PRODUCTS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ABXCORE PRODUCTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT posted, made available through, or accessible on this site. MOREOVER, ABXCORE PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE SITES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ABXCORE PRODUCTS MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THESE SITES OR IN THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON THESE SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE SITES.
13. LIMITATION OF LIABILITY. You expressly absolve and release ABXCORE Products from any claim of harm resulting from a cause beyond ABXCORE Products' control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL ABXCORE PRODUCTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO USE THESE SITES, OR FOR ANY INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THESE SITES, OR OTHERWISE ARISING OUT OF UTILIZATION OF THESE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ABXCORE PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ABXCORE PRODUCTS FOR ANY REASON WHATSOEVER RELATED TO USE OF ANY OR ALL OF THESE SITES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ABXCORE PRODUCTS DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
14. INDEMNITY. You agree to defend, indemnify, and hold harmless ABXCORE Products and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from any breach by you of this TOS.
15. GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California to enforce this TOS will be brought in the federal or state courts presiding in California, U.S., and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This site are controlled and operated by ABXCORE Products from its offices and facilities within the United States. ABXCORE Products makes no representation that this site are appropriate or available for use in other locations, and access to this site from territories or nations where any aspect of this site are illegal is prohibited. You access this site on your own volition and are responsible for compliance with all applicable local laws.
16. TERM AND TERMINATION. TERM AND TERMINATION. This TOS will take effect at the time you click“I ACCEPT”, “YES!”, “ORDER NOW”, “COMPLETE MY ORDER” or any button constituting or implying an acceptance, through this site, respond to a request for information, and/or begin installing, accessing, or using any of this site, whichever is earliest. ABXCORE Products reserves the right at any time and for any reason to deny you access to any and/or all of the ABXCORE Sites or to any portion thereof and to terminate this TOS. This TOS will terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use this site, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this site in your possession. The provisions concerning proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOS, and governing law will survive the termination of this TOS for any reason.
17. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by ABXCORE Products of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
18. ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and ABXCORE Products as result of this TOS or your utilization of any these ABXCORE Sites. This TOS, ABXCORE Products' Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and ABXCORE Products with respect to use of any of this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ABXCORE Products with respect to this site. Please note that ABXCORE Products reserves the right to change the terms and conditions of this TOS and the terms and conditions under which this site and its many offerings are extended to you by posting a revised TOS and mailing and/or e-mailing notice thereof to you. In addition, ABXCORE Products may add, modify, or delete any aspect, program, or feature of this site. Your continued use of this site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms andOVERVIEW
Welcome to Shop Abxcore! The terms “we”, “us” and “our” refer to Shop Abxcore. Shop Abxcore operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Shop Abxcore is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Shop Abxcore reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Shop Abxcore confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Shop Abxcore may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Shop Abxcore, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Shop Abxcore, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Shop Abxcore.
Shop Abxcore’s names, logos, product and service names, designs, and slogans are trademarks of Shop Abxcore or its affiliates or licensors. You must not use such trademarks without the prior written permission of Shop Abxcore. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Shop Abxcore is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Shop Abxcore. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Shop Abxcore, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Shop Abxcore.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Shop Abxcore, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Shop Abxcore, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Shop Abxcore, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shop Abxcore, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Shop Abxcore is headquartered. You and Shop Abxcore consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@AbXcore.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@AbXcore.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis.
19. CONTACT INFORMATION. If you have questions regarding this site or if you are interested in obtaining more information concerning ABXCORE Products and its products or services or permission to use any ABXCORE Products' content, please contact ABXCORE Customer Service Inquiries: info (at) abxcore.com