Terms of Service
Last Updated: 5-14-2023
Welcome to Abbotsford Road! These Terms of Service ("Terms") govern your access to and use of the services provided by Abbotsford Road ("Abbotsford Road," "we," "us," or "our"), including our website, products, and any related applications or platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from accessing or using our Services.
- Use of Services
a. Eligibility: You must be at least 18 years old to use our Services. By accessing or using our Services, you represent and warrant that you are of legal age to form a binding contract and that all information provided by you is accurate and complete.
b. Compliance: You agree to comply with all applicable laws, regulations, and third-party agreements when using our Services. You are solely responsible for your conduct while using our Services.
c. Account: Some features of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and are liable for any activities conducted through your account. You must promptly notify us of any unauthorized use of your account.
- Intellectual Property
a. Ownership: All intellectual property rights in our Services, including but not limited to trademarks, logos, copyrights, and proprietary content, belong to Abbotsford Road or our licensors. You may not use our intellectual property without our prior written permission.
b. User Content: You retain ownership of any content you submit, post, or transmit through our Services ("User Content"). However, by providing User Content, you grant Abbotsford Road a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with our Services.
- Ordering and Purchases
a. Product Availability: Our product offerings are subject to availability, and we may modify or discontinue products at any time without prior notice.
b. Pricing and Payments: Prices for our products are listed on our website and are subject to change. You are responsible for paying the indicated price, including any applicable taxes and shipping fees. We accept payment methods as indicated during the checkout process.
c. Shipping and Delivery: We strive to ship orders promptly, but delivery times may vary. Risk of loss and title for purchased products pass to you upon our delivery to the carrier. We are not responsible for any delays or damages caused by the carrier.
d. Returns and Refunds: Please review our separate Return Policy for information on returns and refunds.
- Prohibited Conduct
When using our Services, you agree not to:
a. Violate any applicable laws, regulations, or third-party rights. b. Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity. c. Use our Services for any unauthorized or unlawful purpose. d. Interfere with or disrupt the functionality of our Services or networks connected to our Services. e. Engage in any fraudulent, abusive, or harmful activity.
- Disclaimer of Warranties
a. Our Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not guarantee that our Services will be error-free, uninterrupted, or secure.
b. Abbotsford Road disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability
a. To the maximum extent permitted by applicable law, Abbotsford Road and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of our Services, even if advised of the possibility of such damages.
b. In no event shall Abbotsford Road's total liability to you for all claims arising from or related to our Services exceed the total amount paid by you to Abbotsford Road during the twelve (12) months preceding the claim.
c. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, the above limitations may not apply to you.
- Indemnification
You agree to indemnify, defend, and hold Abbotsford Road and its affiliates, officers, directors, employees, agents, and suppliers harmless from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our Services, violation of these Terms, or violation of any applicable laws or regulations.
- Termination
Abbotsford Road may, at its sole discretion, terminate or suspend your access to all or any part of our Services at any time and for any reason, including but not limited to violation of these Terms. Upon termination, all rights and licenses granted to you will cease, and you must immediately cease all use of our Services.
- Governing Law and Dispute Resolution
a. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
b. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of our Services shall be resolved exclusively through arbitration conducted in accordance with the rules of the [Arbitration Association/Organization]. The seat of arbitration shall be [Jurisdiction], and the language of the arbitration shall be [Language].
- Miscellaneous
a. Entire Agreement: These Terms constitute the entire agreement between you and Abbotsford Road concerning the subject matter hereof and supersede all prior and contemporaneous agreements and understandings.
b. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
c. Waiver: The failure of Abbotsford Road to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
d. Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Abbotsford Road. Abbotsford Road may freely assign or transfer these Terms without restriction.
e. Contact Us: If you have any questions or concerns about these Terms, please contact us at sales@abbotsfordroad.com.
By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.