TERMS OF USE

Welcome to www.abelysolutions.com!

ACCEPTANCE OF THE TERMS AND CONDITIONS

This Site (the “Site”) is owned and operated by Abely LLC (herein referred to as “Abely”, “we”, “us” and/or “our”) pursuant to this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and that you agree to be bound by this Agreement which, together with our Privacy Policy, govern Abely’s relationship with you in relation to this Site. If you disagree with any part of the terms and conditions of this Agreement, please do not use the Site.

Abely reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. By using this Site, you agree to be bound by any such revisions, and should therefore periodically visit this page to read a current, effective copy of this Agreement to which you are bound. If any change to this Agreement is not acceptable to you, your sole remedy is to stop accessing and using the Site.

COPYRIGHT AND TRADEMARK NOTICE

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. All content, graphics, code and software used on or incorporated into this Site and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Abely and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Abely. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

You also may not, without Abely’s written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Abely LLC and abelysolutions.com, as well as other Abely logos, marks, trade names, page headers, graphics, buttons, images and other content on this Site, are subject to trade mark, service mark, copyright and/or other proprietary or intellectual property rights or licenses held by Abely. Other trademarks, product names and company names or logos used on this Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.

USE OF THE SITE

Though every effort is made to represent accurate and truthful information, this Site may contain errors, inaccuracies, or omissions that may relate to price or to product description or availability. Abely therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Site at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.

You agree not to do any of the following:

• Take any action that imposes an unreasonable load on the Site’s infrastructure,
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site,
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site,
• Delete or alter any material posted on the Site by Abely or any other person or entity,
• Frame or link to any of the materials or information available on the Site,
• Access, tamper with, or use non-public areas of Abely’s computer systems, or the technical delivery systems of Abely’s providers,
• Attempt to probe, scan or test the vulnerability of any Abely system or network or breach any security or authentication measures,

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Abely or any of Abely’s providers or any other third party (including another user) to protect the Site,
• Attempt to access or search the Site or download Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Abely or other generally available third-party web browsers,
• Use any meta tags or other hidden text or metadata utilizing a Abely trademark, logo URL or product name without Abely’s express written consent,
• Violate any applicable law or regulation, and/or
• Encourage or enable any other individual to do any of the foregoing.

DISCLAIMER OF WARRANTIES

This Site, and any information or content on this Site, are provided "as is, where is." Abely makes no representations or warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to this Site or content or information available on or through this Site.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ABELY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ABELY OR AN ABELY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Abely is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions.

In no event will Abely’s total liability arising out of, or in connection with, THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, EXCEED THE AMOUNTS YOU HAVE PAID TO ABELY FOR USE OF THE PRODUCTS GIVING RISE TO THE LIABILITY.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Abely from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Site. Abely shall provide notice to you of any such claim, suit, or proceeding. Abely reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Abely’s defense of such matter.

MEDICAL ADVICE DISCLAIMER

The information provided on this Site is for informational purposes only.

THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.

As always, consult your health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

LINKS TO OTHER SITES

From time to time, this Site may include links to other Sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Site(s). We have no responsibility for the content of the linked Site(s).

Abely makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Sites linking to this Site.

ELECTRONIC COMMUNICATIONS

When you use the Site, or send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of electronic means such as, but not limited to, e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PURCHASING FROM THE SITE

Prices and availability of the goods displayed on this Site are subject to change without notice.

You may order products only if you are 18 years or older and capable of forming a binding contract with Abely under applicable law. If you want to purchase the products, you’ll have to create an account (“Account”). It’s important that you provide us with accurate and complete information for your Account and you are responsible for keeping such information up-to-date. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Your electronic or telephone order is an offer to buy from from Abely. We reserve the right not to accept an order at our sole discretion. Once you have placed an order, you will receive an email with an order number. The receipt of an order number or an email order confirmation does not constitute acceptance of your order. Abely reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card charged for the purchase. We will contact you if all or any portion of your order is canceled and we will issue a credit to your credit card in the amount of the charge.

Orders will only be accepted from and dispatched to addresses within the continental United States. Abely does not currently deliver products to Canada or any other country outside the United Sates. Products cannot be delivered to a P.O. Box address.

Sales tax is charged only when the person ordering the goods is a resident of New York State.

REVIEWS AND COMMENTS

Abely may post reviews submitted by customers. Abely reserves the right (but not the obligation) to remove or edit such content.

If you do submit content, reviews, or material, and unless we indicate otherwise, you grant Abely a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Abely and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Abely for all claims resulting from content you supply. Abely has the right but not the obligation to monitor and edit or remove any activity or content. Abely takes no responsibility and assumes no liability for any content posted by you or any third party.

You agree that you are responsible for your own use of the Site for any submission you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.

To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:

• Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express consent,
• Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups,
• Post any content to the Site that infringes any third party’s intellectual property or other rights,
• Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability,
• Use the Site for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations,
• Impersonate any person or entity, including any Abely employees, or falsely state or otherwise misrepresent your affiliation with any person or entity,
• Imply that Abely endorses any of your statements or positions.

ADDED BENEFITS

Abely may offer certain discounts or promotions (collectively, “Deals”) to its customers from time to time. Please note that regardless of any offers of Deals, Abely reserves the right to change the offer bundle over time without any prior notice. In addition, you acknowledge and understand that Abely does not provide any warranty or refund/cancellation assurances on any of the Deals. Abely also reserves the right to amend the service or other policies around any components offered as a free or additional item along with the Product. The Deals are not interchangeable and cannot be traded off for monetary remuneration or in any other way.

TERMINATION OF THE AGREEMENT

Abely reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Abely reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

Sections “Use of the Site”, “Disclaimer of Warranties”, “Indemnification”, “Medical Advice Disclaimer”, “Termination of the Agreement” and “Miscellaneous” shall survive the termination of this Agreement.

MISCELLANEOUS

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

You may not assign or transfer these Terms, by operation of law or otherwise, without Abely’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Abely may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Abely’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Abely. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

The Terms of Use are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

CONTACT INFORMATION

If you have any questions about these Terms, please contact Abely at info@abelysolutions.com.