Terms of Service
Overview
By visiting our website and/ or purchasing something from our website (the “Site”) you agree to be bound by the following terms and conditions (the “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users and/or visitors of the Site. Please read these Terms of Service carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site. 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 shall also be subject to the Terms of Service. The most current version of the Terms of Service can be viewed on this page, and we reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes, and your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 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.
Ownership and Operation of the Website
This Site, ablis.shop belongs to Ablis Holding Company (“Ablis”) an Oregon domestic Business Corporation located in Bend, Oregon. Ablis may, in its sole discretion and at any time and without notice, modify or discontinue this Site or specific portions of it. The Site and its contents, such as software, graphics, logos, text, button icons, images, and audio clips, as well as the compilation of all content on this Site, is the property of Ablis and is protected by copyright and other intellectual property laws. All software used on this Site is the property of Ablis or its software suppliers and is protected by copyright and other intellectual property laws.
Online Store Terms
By accessing the Site, you are agreeing to these Terms of Service, and you represent that you are at the age of majority or older in your state of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction. You must not transmit any 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 use of the Site.
Product Disclaimers
The claims and products available or described on our website have not been evaluated by the Food and Drug Administration (FDA). THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY. Our products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for, or alternative to, information from health care practitioners. The products listed on this Site are not intended or to be used to treat any type of medical condition and you should consult your health care provider before using any of the products listed on the Site, especially if you are pregnant or nursing.
General Conditions
Ablis reserves the right to refuse service to anyone for any reason at any time. Your content, excluding credit card information, may be transferred unencrypted. 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 Site or use the Site without express written permission by us. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Ablis is not responsible for whether the information on this Site is accurate, current, or complete. 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. Historical information on this Site may not be accurate and is only for your reference. Ablis may alter the contents and information of the Site at any time, but Ablis has no obligation to correct or update any information on the Site. You agree that it is your responsibility to monitor changes to our Site. There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Ablis may correct any errors, inaccuracies or omissions. Ablis may change or update information or cancel orders at any time if any information on the Site or on any related website is inaccurate without prior notice. Ablis has no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. Any update or refresh date should not be taken to represent the Site is accurate as of that date.
MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify prices without notice. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site. We may 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. If 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 in our sole judgment. For more details, please review our Return and Refund Policy.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Any offer for any product made on this Site is void where prohibited. We reserve the right, but are not obligated, to limit the sales of our products 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 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 may discontinue any product at any time without notice. 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 on this Site will be corrected.
THIRD-PARTY TOOLS AND LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Any access provided by the Site or its services to such tools is “as is” and without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability 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. We may also, in the future, offer new products, services and/or features through the Site that shall also be subject to these Terms of Service. Information, content, products and services available via the Site 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. Please direct complaints, claims, concerns, or questions regarding third-party products to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree to grant Ablis an irrevocable license to use, reproduce, disclose, exhibit, display, perform, modify, transmit, transform, create derivative works and distribute to others without limitation any submissions and/or comments you share and send to Ablis for any purpose, which includes but is not limited to creative ideas, suggestions, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise. We shall have no obligation to maintain the confidence of any comments or submissions. We shall have no obligation to pay compensation for any comments or submissions, and we shall have no obligation to respond to any comments or submissions. 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 and submissions 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 and submissions 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 Site 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 or submissions. You are solely responsible for any comments and submissions you make and their accuracy. We take no responsibility and assume no liability for any comments and submissions posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy.
Adult-Use Only
This Site and all products offered or described are for adults over the age of 21. Ablis does not knowingly collect personal information from anyone under the age of 21. Ablis asks that parents supervise their children while online.
PROHIBITED USES
In addition to other prohibitions in the Terms of Service, you may not use the Site or its contents for any unlawful purpose, or to solicit others to perform any unlawful acts. You may not use this site or its contents to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or infringe on the third-party rights of others, which intellectual property rights. You may not use this site or its contents to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You may not use this site or its contents to submit false or misleading information or upload or transmit viruses or any other type of malicious code. You may not use this site or its contents to spam, phish, pharm, pretext, spider, crawl, scrape or collect the personal information of others. You may not use the site or its contents to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating the Terms of Service.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. We may remove the Site for indefinite periods of time or discontinue the Site at any time without notice to you. You expressly agree that your inability to use the Site is at your sole risk. The service and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ 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 Ablis, our directors, officers, members, managers, 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 services or any products procured using the Site, or for any other claim related in any way to your use of the Site 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 Site or any content (or product) posted, transmitted, or otherwise made available via the Site. In the event this exclusion or the limitation of liability for consequential or incidental damages is unlawful, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ablis and directors, officers, members, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, 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 AND ENTIRE AGREEMENT
If 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. The unenforceable portion shall be deemed to be severed from these Terms of Service, but such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement, 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).
GOVERNING LAW / WAIVER OF JURY TRIAL
These Terms of Service shall be governed by and construed in accordance with the laws of Oregon. You hereby accept and submit to the personal jurisdiction of Oregon courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@ablis.shop.
