Abby (as defined below), at its discretion, provides you with this website including, but not restricted to, information about itself (the “Website”).
Your Website Provider
The entity providing the Website is Abby Manufacturing, LLC, a limited liability company operating under the laws of Mississippi, located at 501 Pulliam Road, Walnut, MS 38683 (referred to as “Abby”, “we”, “us”, or “our”). References to Abby’s “Affiliates” in these terms and conditions (the “terms”) means the other entities related by common ownership or control with Abby.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Website.
Who may use the Website:
You must be at least 13 years old to use the Website.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Website. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of this Agreement and responsible for your child’s activity on the Website.
If you are using the Website on behalf of an entity or other organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Website
Content on the Website
The content on the Website may include videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other content whether provided by Abby or a third party (collectively, “Content”).
Risk of loss of the Content is the responsibility of the person or entity that provides it to the Website. Abby is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, you can report it to us.
Permissions and Restrictions
You may access and use the Website, as long as you comply with this Agreement and applicable law. You may view or, as applicable, listen to Content for your personal and/or non-commercial use.
The following restrictions apply to your use of the Website. You are not allowed to:
Using the Website does not give you ownership of or rights to any aspect of the Website, including any other Content posted by Abby.
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND ABBY DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE WEBSITE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE WEBSITE; OR (B) THE SPECIFIC FEATURES OF THE WEBSITE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, ABBY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES OR ANY DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
In no event will we, any information provider or third party be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of the Website.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Abby, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Website.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Website or for legal, regulatory, or security reasons. Abby will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Website or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Website.
Continuation of this Agreement
When your use of the Website ends, the following terms of this Agreement will continue to apply to you: “Indemnity” and “Our Website”, and the licenses granted by you under this Agreement.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Website will be governed by Mississippi law, except Mississippi’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Tippah County, Mississippi, USA. You and Abby consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND ABBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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