Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). The terms include a class action waiver and a waiver of your right to jury trials.
The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years old, please do not visit or use the Services. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Services to make sure that you and your parent or guardian understand these Terms and agree to them.
We reserve the right, at our discretion, to change or add to these Terms at any time. Changed and new terms, as applicable, will be effective ten (10) days following posting of the revised Terms on the Services, and your continued use of the Services thereafter means that you accept those changes.
DESCRIPTION OF SERVICES
Abida provides online retail services that allows users to buy certain products. Buyers can browse and purchase desired products.
A description of Abida’s business is on our FAQ page, as updated from time to time. The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors without parental supervision. If you do not qualify, please do not use the Services. Additionally, Abida reserves the right to refuse access to, or use of the Services to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the services and are prohibited from using alter egos or other disguised identities when using the Services.
Buyers agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that Abida, as the seller, is not responsible for reporting, collection or payment of any taxes on your behalf.
LICENSE AND SITE ACCESS
Abida grants you a limited license to access the Services for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Services and the framing of any content available through the Services, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Abida’s sole discretion) an unreasonable or disproportionately large load on Abida infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Abida to prevent or restrict access to the Services. Any unauthorized use by you shall terminate the permission or license granted to you by Abida.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Abida has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Abida has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If you use Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other devices. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Abida immediately of any unauthorized use of your account or any other breach of security. Abida reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
The Services may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Abida is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Abida may from time to time monitor the Postings on the Services and may decline to accept or remove any Postings. You acknowledge that you are responsible for any Postings you submit through the Services, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through the Services any Posting that:
• is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
• may contain software viruses or malware;
• contains advertisements or solicitations of any kind, or other commercial content;
• is designed to impersonate others;
• contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
• contains messages by non-spokesperson employees of Abida purporting to speak on behalf of Abida or containing confidential information or expressing opinions concerning Abida;
• contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
• contains chain letters of any kind; or contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
When purchasing an item, you agree that:
• you are responsible for reading the full item listing before making a commitment to purchase;
• you enter into a legally binding contract to purchase an item when you commit to buy an item, or your offer for an item is accepted;
• FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF ABIDA. PLEASE USE CAUTION AND COMMON SENSE.
COUNTERFIETS AND FRAUD
ABIDA SHALL HAVE NO RESPONSIBILITY AND MAKES NO WARRANTIES, AS DETAILED FURTHER BELOW, BUT IT WILL REMOVE ANY LISTING FOR COUNTERFEITS IF IT LEARNS OF THEM AND WITHIN A REASONABLE TIME AFTER THAT OCCURS.
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our applicable copyright policies and all relevant and applicable laws, terms and regulations, including without limitation, Title 17 of the United States Code and World Intellectual Property Organization Copyright Treaty.
Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ABIDA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ABIDA DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ABIDA WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT OUR WEBSITE IS TEMPORARILY DOWN BECAUSE OF THAT CONGESTION OR OVERLOAD. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, ANY SNEAKER, AUTHENTICATION TAG, OR ANY OTHER PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
ABIDA DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT ABIDA SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICES USER OR OWNER IN CONNECTION WITH THE SERVICES OR ANY USER SUBMISSION, YOU AGREE THAT ABIDA IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. ABIDA RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ABIDA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ABIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ABIDA FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ABIDA FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless Abida and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) your Postings; (iii) your interaction with any Services user; or (iv) your violation of these Terms.
TERM AND TERMINATION
These Terms are effective until terminated by Abida or you. Abida, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Abida shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you shall cease all use of the Services. The provisions regarding warranty disclaimers, limitations of liability, and privacy shall survive termination of these Terms.
You and Abida are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Abida. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Abida.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Abida without restriction or notification to you. Any prohibited assignment shall be null and void.
§ Negotiation. The parties shall attempt to resolve all disputes arising out of or in connection with this Agreement by negotiation in good faith, and within a reasonable time period. If the parties do not agree, within 14 days from the date the dispute arises, to a schedule for negotiation and, if desired, mediation, as described below, under this section, then the aggrieved party is entitled to use any and all legal means available to it to resolve the dispute.
§ Mediation. If the parties cannot resolve a dispute within a reasonable time, then they shall initiate nonbinding mediation, and share equally in the cost of a Mediator, however each party shall be responsible for its own legal fees.
§ Performance Continues During Dispute Resolution. The parties must perform their obligations under this Agreement while the dispute is being resolved.
§ Award of Attorneys’ Fees. If a dispute between the parties arises out of or relates to this Agreement, the prevailing may recover its attorney's fees, expenses and costs incurred, in addition to any other remedy provided by this Agreement or by applicable state or federal laws.
Abida reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and the relationship between you and Abida shall be governed by and construed in accordance with the laws of the State of Washington without regard to its principles of conflict of laws. To the extent, if any, that the dispute is not settled completely and finally pursuant to the arbitration above, you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Washington and waiveany jurisdictional, venue, or inconvenient forum objections to such courts, provided that Abida may seek injunctive relief in any court of competent jurisdiction.
These Terms shall constitute the entire agreement between Abida and you concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions or concerns about the Terms for this Services or their implementation, you may contact us at firstname.lastname@example.org.
Last updated: December 6, 2018