- Terms and Conditions
Terms and Conditions
ALBION ALLEN INC. (REFERRED TO AS THE "COMPANY", "WE", "US" OR "OUR", AS APPLICABLE) PROVIDES YOU WITH ACCESS TO THIS WEBSITE LOCATED AT WWW.ALBIONALLEN.COM (THE "SITE") SUBJECT TO THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE. BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY UPDATES HERETO. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE.
These Terms and Conditions govern your use of this Site and all applications, software and services (collectively, "Services") available on this Site, except to the extent such Services are the subject of a separate agreement.
Only persons who are over the age of majority and who can form legally binding agreements may use this Site.
Laws and Regulations
Your use and access of this Site is subject to all applicable federal, state and local laws and regulations. By accessing or using this Site,
Violation of Terms and Conditions
We reserve the right to seek all remedies at law and in equity for violations of these Terms and Conditions, including the right to block access to this Site from a specific IP address.
We may revise and update these Terms and Conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions means you accept those changes. Any aspect of the Site may be changed, supplemented, deleted or updated by us with or without notice at our sole discretion.
The contents of this Site, including its "look and feel" (e.g. text, graphics, logos, images, and button icons), HTML code, editorial content, notices, software and other materials (collectively, the "Content") is protected by United States patent, trademark and other laws. The Content belongs to us or to other parties as indicated. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from or use any Content available on or through the Site for commercial or public purposes without the express written permission of the Company. You may print or download a copy of the Content for your personal use as long as you keep intact all copyright and other proprietary notices. All rights not expressly granted herein are reserved to the Company and its licencors.\
Albion Allen, Inc. the design mark ALBION ALLEN, INC. and other graphics,designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of Albion Allen Inc.., its parents, affiliates, sponsors, or subsidiaries in the United States and/or other countries. Albion Allen’s trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not Albion Allen Inc., its parents, subsidiaries, sponsors or affiliated companies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Albion Allen Inc., its parents, sponsors, affiliates, or subsidiaries. All other trademarks, service marks, trade names or service names not owned Albion Allen Inc., its parents, sponsors, affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Albion Allen Inc., or its parents, sponsors, affiliates or subsidiaries.
The Site may include links to third party websites and resources from time to time. The inclusion of any such link is provided solely as a convenience to you, and we make no representations or warranties regarding any such linked site or any content or services provided at such linked site.
Use of "Cookie" File Features
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Albion Allen Inc. or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. ALBION ALLEN, INC. PROVIDES THIS SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND ALBION ALLEN INC., ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Either Albion Allen Inc. or You may terminate this Agreement at any time. Without limiting the foregoing, Albion Allen Inc. shall have the right to immediately terminate Your Account in the event of any conduct by You which Albion Allen Inc., in its sole discretion, considers to be unacceptable.
Risk of Loss
All items purchased from Albion Allen Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier
Albion Allen Inc. warrants its products to be free of defects in material and workmanship. Any Albion Allen Inc. product that exhibits a defect in material or workmanship within a period of 30 days from date of purchase will be repaired or replaced free of charge, or refund made of the purchase price, at the sole discretion of Albion Allen Inc. This warranty requires that any claim of defect be promptly reported to Albion Allen Inc. by telephone with a confirming notification sent in writing. This warranty does not apply (and we assume no responsibility or allow any claim) in cases of accident, normal wear and tear, damage caused by misuse, misapplication, abuse, overload, impact, shock loads, negligent lubrication or maintenance, defective manipulation, product modification, improper installation or maintenance, damage caused by use with mechanically powered equipment, use at speeds above 3 mph, use in continuous (uninterrupted, non-stop) operation, exposure to harmful chemicals or substances, intense heat or severe cold, damage caused by poor floors or floor obstructions, or when damage is due to adverse conditions or the operating environment.
THIS SITE, INCLUDING WITHOUT LIMITATION, ANY INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON THIS SITE, ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING (I) THE CONTENT OR SERVICES OF THE SITE OR LINKS TO OTHER OUTSIDE WEB SITES; OR (II) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE MATERIAL ACCESSIBLE FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY, DEFECT IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, and agents from all claims and against all losses, expenses, damages and costs, including reasonable attorney fees, arising out of or related to your access or use of the Site or the Services offered through the Site, your inability to access or use this Site or the Services offered through the Site, or use by a person accessing the Site using your name and password.
By using any Albion Allen Inc. Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Albion Allen Inc.
Any dispute or claim relating in any way to your use of any Albion Allen service, or to any products or services sold or distributed by Albion Allen or through AlbionAllen.com will be resolved by arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent firstname.lastname@example.org___. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778- 7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Albion Allen will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
To the fullest extent permitted by law, the controlling language for these Terms and Conditions is English. Any translation of these Terms and Conditions has been provided for your convenience only
To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. This is the entire agreement between you and us relating to the subject matter herein.
Choice of Law and Forum
The Terms of Service and the relationship between You and Albion Allen Inc. shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Albion Allen Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, Illinois.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms of Service constitutes the entire agreement between you and Albion Allen Inc. and governs Your use of this Site, superseding any prior agreements between you and Albion Allen Inc. with respect to the use of this Site.