Terms and Services
Terms of Service
OVERVIEW
This website is operated by AbiliLife, Inc.. Throughout
the site, the terms “we”, “us” and “our” refer to AbiliLife, Inc.. AbiliLife, Inc. offers this website,
including all information, tools and services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from
us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools which are added to the
current store shall also be subject to the 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 to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us
with an online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms or viruses or any code
of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for
any reason at any time.
You understand that your content (not including credit
card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS
OF
INFORMATION
We are not responsible if information made available on
this site is not accurate, complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete, or more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to update any information on
our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for
any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be available
exclusively online through the website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit
the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to change at any time without notice, at the
sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with
us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate
purchase and account information for all purchases made at our store. You agree to promptly update your account
and other information, including your email address and credit card numbers, and expiration dates so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns
Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools
over 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 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 services and/or
features through the website (including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products, and services available via
our Service may include materials from third parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to
the purchase or use of goods, services, resources, content, or any other transactions made in connection with
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 should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1)
to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e‑mail address, pretend to be someone other than
yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third party.
PERSONAL INFORMATION
Your submission of personal information through the
store is governed by our Privacy Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our site or in
the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any related website has been modified or
updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to
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 Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your
use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use
of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained
from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) 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.
In no case shall AbiliLife, Inc., our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service,
or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
AbiliLife, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of
these Terms of Service or the documents they incorporate by reference, or your violation of any law or the
rights of a third-party.
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.
TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due up to and including the date
of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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 govern 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.
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 laws of United
States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at 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. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of
those changes.
CONTACT INFORMATION