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ASBAUSA.com Terms of Use |
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Welcome to the ASBA &
Dangler Designs, Inc. & Aurion Designs Web Site
("Site"). Please review the following basic
terms that govern your use of and purchase of products
from our Site. Please note that your use of our Site
constitutes your agreement to follow and be bound by
those terms (the "Agreement").
GENERAL
We may from time to time change the terms that govern
your use of our Site. Your use of our Site following any
such change constitutes your agreement to follow and be
bound by the terms as changed.
We may change, move or delete portions of, or may add
to, our Site from time to time.
SITE CONTENTS
All materials, including video clips, illustrations,
photographs, product, images, artwork, designs, logos
and trademarks (collectively, "Content")
appearing on this site are owned or controlled by ASBA
& Dangler Designs, Inc. and controlled or licensed
by ASBA, Inc. collectively, and
its subsidiaries and/or affiliates ("ASBA").
ASBA designs are protected by worldwide trademark, trade
dress and copyright laws.
The Content of this Internet site, and this site as a
whole, are intended solely for personal, noncommercial
use by the users of this site. You may download Content
only for your personal use for non-commercial purposes,
provided you do not modify, obscure or delete any
copyright or other propriety notices on this site.
No right, title or interest in any downloaded materials
or software is transferred to you as a result of any
such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or
participate in any sale of, or exploit in any way, in
whole or in part, any of the Content, this site.
SUBMISSIONS AND COMMUNICATIONS TO ASBA
Any creative ideas, suggestions, designs, artwork,
materials, comments, feedback, and other communications
sent to this Internet site or otherwise to ASBA by
electronic mail (collectively, "Submissions")
are on a non-confidential basis. ASBA is under no
obligation to refrain from reproducing, publishing or
otherwise using the Submissions in any way for any
purpose. ASBA shall be free to use the content of any
such communications, including any ideas, inventions,
concepts, techniques or knowledge disclosed therein, for
any purpose, including the developing, manufacturing
and/or marketing of goods or services.
Such Submissions shall be and remain ASBA property. The
disclosure or offer of any Submissions shall constitute
an assignment to ASBA of all worldwide rights, titles
and interests in all copyrights and other intellectual
properties therein. ASBA is under no obligation to pay
user any compensation for any Submissions or to respond
to user Submissions.
By participating in surveys, contests or promotions on
this site, and/or requesting promotional information or
product updates, you hereby agree that ASBA may use
information about you for marketing, product development
and promotional purposes. You agree that ASBA may use
information about you and your use of this site in any
manner that does not reveal your identity. Further, you
agree that ASBA may send you electronic mail for the
purpose of advising you of updates to this site,
providing you with information on ASBA products or ASBA
& Dangler Designs Inc. and Aurion Designs, or for
such other purpose as ASBA deems appropriate.
You agree that no Submissions by you to this site will
violate any right of any third party, including
copyright, trademark, privacy or other personal or
proprietary right(s). In addition, you agree that no
submissions by you to this site will be or contain
libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible
for the content of any submissions you make. You agree
to indemnify and hold ASBA harmless against any damage
we may suffer as a result of your breaching of any of
our site terms and conditions. We reserve the right to
delete, move or edit Submissions that we deem, inter
alia, abusive, defamatory, obscene, or in violation of
copyright or trademarks or any other laws. We may deny
you access to the site if in ASBA sole discretion you
fail to comply with any term or provision of the site
policies and procedures
PRODUCTS
ASBA products are available at select jewelry retail
stores and specialty stores. However ASBA cannot
guarantee that the products appearing on this site will
be available at every authorized retailer; availability
and selection is subject to the supply of each
particular store. All product descriptions,
specifications, colors, stones, and prices are subject
to change by ASBA at any time without notice. Prices
displayed on the site are quoted in U.S. Dollars and are
valid and effective only in the United States. The
particular technical specifications and settings of your
computer and its display could effect the accuracy of
its display of the colors of products offered herein.
LINKED SITES
This Internet site may provide links or reference to
other sites. However ASBA has no responsibility for the
privacy practices or content of such other sites or
enterprises and shall not be liable for any damages or
injury arising from that content. Any links to other
sites are provided merely as a convenience to the users
of this Internet site. Please direct any complaints or
comments as to any linked sites directly to that site's
administrator or webmaster.
DISCLAIMER
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS
CONTAINED IN THIS SITE, INCLUDING WITHOUT LIMITATION,
TEXT, GRAPHICS, VIDEO, AUDIO AND HYPERLINKS, ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. ASBA DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO SUCH INFORMATION SERVICES, PRODUCTS AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
SATISFACTORY QUALITY, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS,
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE
IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT IN NO
EVENT SHALL ASBA BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF
IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS AVAILABLE FROM THIS WEB SITE.
LIMITATION OF LIABILITY
The information presented here has been compiled by ASBA
from internal and external sources. However, no
representation is made or warranty given as to the
completeness or accuracy of such information. In
particular, you should be aware that this information
may be incomplete, may contain errors or may have become
out of date. You should therefore verify information
obtained from this site before you act upon it. You
agree to defend, indemnify and hold ASBA harmless from
and against any and all claims, damages, costs and
expenses, including attorney's fees, arising from or
related to your use of this site, your access to, or
inability to access this site, or from your reliance
upon any information contained in this site.
MISCELLANEOUS
ASBA may make changes to the information in this site,
or to the services described therein, at any time
without notice. ASBA makes no commitment to update this
information. ASBA does not represent or warrant that the
information accessible via this site is accurate,
complete or current. This site does not constitute an
offer to sell, or the solicitation of an offer to buy
any securities and must not be relied upon in connection
with any investment decision.
If there is a dispute about our policies and procedures
or your use of our site, the laws of the State of
Florida, United States of America, shall apply, without
regard to any conflict of law provisions, and it shall
be resolved exclusively by the state and federal courts
sitting in Florida. |
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