A.B. DISTRIBUTING, INC. WEBSITE TERMS & CONDITIONS
“Terms and Conditions”
In order to access certain A.B DISTRIBUTING, INC. (“Seller”) e-commerce domains, sub-domains, or websites (collectively “website” or “websites”), you (“Buyer”) must present a valid password and email address or user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing A.B DISTRIBUTING, INC. websites. You must not disclose your password to any person who is not authorized to use the password on your behalf. You will be solely responsible for all unauthorized use of your password by your employees or third parties, except where caused solely and directly by A.B DISTRIBUTING, INC.’s negligence. A.B DISTRIBUTING, INC. highly recommends that you request to A.B. DISTRIBUTING, INC. to change your password periodically, and that you request to A.B. DISTRIBUTING, INC. to change your password immediately when you have reason to believe that your password security has been compromised.
USE OF A.B DISTRIBUTING, INC.’S WEBSITE IS ON AN “AS IS” BASIS AND A.B. DISTRIBUTING, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR RELATED PRODUCTS. A.B DISTRIBUTING, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, A.B DISTRIBUTING, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE A.B DISTRIBUTING, INC. WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
3. Limited License
The information and databases provided to you via certain A.B DISTRIBUTING, INC. e-commerce websites is licensed to you by A.B DISTRIBUTING, INC. for your use only in the ordinary course of your business for your review, selection and purchase of products from A.B DISTRIBUTING, INC. This license is non-exclusive, non-transferable, and may be terminated by A.B DISTRIBUTING, INC. with or without notice, and with or without cause at any time.
4. Limitation of Liability
Except as specifically stated herein, neither A.B DISTRIBUTING, INC. nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any A.B DISTRIBUTING, INC. web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. IN NO EVENT SHALL A.B DISTRIBUTING, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO BUYER’S USE OF ANY A.B DISTRIBUTING, INC. WEBSITE OR A.B DISTRIBUTING, INC.’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF A.B DISTRIBUTING, INC. OR OTHERWISE. A.B DISTRIBUTING, INC.’S LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT A.B DISTRIBUTING, INC.’S OPTION.
You agree to defend, indemnify and hold A.B DISTRIBUTING, INC. and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or in any way relating to your use of any A.B DISTRIBUTING, INC. website.
Any waiver by A.B. DISTRIBUTING, INC. of one or more of these Terms and Conditions or any defaults hereunder shall not constitute a waiver of the remaining Terms and Conditions or any future defaults hereunder. It is the intention of the parties that these Terms and Conditions shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and that no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. The rights and obligations of Buyer under the Terms and Conditions may not be assigned by Buyer without the prior written consent of A.B. DISTRIBUTING, INC.
A.B DISTRIBUTING, INC. may modify the information and functionality of any A.B DISTRIBUTING, INC. website at any time. A.B DISTRIBUTING, INC. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time, without notice, and you agree to be bound by such modifications, alterations or updates. Any modifications, alterations or updates to these Terms and Conditions will be available to you on A.B DISTRIBUTING, INC.’s website, and you agree to regularly check A.B DISTRIBUTING, INC.’s website for new versions of these Terms and Conditions.
7. Governing Law/Venue
These Terms and Conditions shall be governed by and construed under the laws of the State of Illinois, without regard to its principles regarding conflicts of law. The parties will attempt in good faith to promptly resolve any controversy, dispute or claim arising out of or relating to these Terms and Conditions through negotiations between the parties before resorting to other remedies available to them. If attempts to resolve the dispute amicably have failed or if negotiation to resolve the dispute is impossible (notably in case of urgent procedure to obtain a protective order), any action or proceeding between the parties relating to these Terms and Conditions shall take place in Cook County, Illinois and the parties hereby waive any objection to personal jurisdiction or venue in any forum located in that county. If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable according to its terms.