Last updated: September 2, 2011
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services (“Product”) sold by Advanced Business Group, Inc. (“ABG”, “we”, “our”, or “us”) from our online store with a homepage located at www.abgprint.com (the “Website”). By placing your order for Product, you accept and are bound to these Purchase Terms & Conditions and any Product-specific rules or usage provisions specified on any Product detail page or in any link from a Product detail page (“Rules”). In addition, your use of the Website is subject to our Terms of Service (“Terms of Service”) . These Purchase Terms & Conditions shall apply only to your order placed and /or purchase made through the Website.
1. Eligibility. By placing an order, you represent and warrant that you have read these Purchase Terms & Conditions, are at least eighteen (18) years of age, and you agree to be bound by these Purchase Terms & Conditions. If you are not at least eighteen (18) years of age, or do not wish to be bound by these Purchase Terms & Conditions, you are not authorized to place an order. If you are acting on behalf of a company or entity, you represent that you have the authority to bind such entity.
2.1 Purchases. In the event you wish to purchase Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
2.2 Payment. Terms of payment are within ABG’s sole discretion, and unless otherwise agreed by ABG, payment must be received by ABG prior to ABG’s acceptance of an order. Your right to any available Product is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order.
2.3 Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If Product offered on the Website is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Website may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
2.4 Cancellation Policy. If ABG receives a written cancellation notice from you prior to the shipment of your order, you may cancel the unfinished part of your order. Written cancellation notices must be provided via e-mail to clientservices(at)abgprint(dot)com. You shall be responsible for all charges related to work performed in connection with your order prior to the receipt of your cancellation notice; provided, however, if ABG has commenced production of your order, you shall be responsible for the entire cost of your order (excluding shipping).
2.5 Product Availability. All Product orders are subject to availability.
2.6 Order Questions. For any inquiries regarding Product orders, please contact us via e-mail at clientservices(at)abgprint(dot)com. If we have any questions about your order, you agree that we may contact you by phone, mail or email.
2.7 Information and Access; Delays. You will (a) furnish accurate and complete information reasonably requested by ABG and (b) provide adequate access to your personnel, designees and agents, both to the extent reasonably necessary for ABG to fulfill its responsibilities in connection with an order for Product. We may rely on the guidance provided and/or decisions made by any of your personnel, and you shall ensure that personnel are available and responsive. Any delays attributable to a failure by you or your personnel to respond to reasonable requests by us will extend any and all deadlines for an amount of time at least equal to the delay.
2.8 Colors. We have made every effort to display as accurately as possible the colors of Product that appear on the Website. Actual colors displayed depend on the monitor used. We cannot guarantee a monitor’s display of any color will be accurate.
2.9 Risk of Loss. Risk of loss and title for the Product purchased via the Service pass to you upon our delivery to the carrier.
3. Your Materials. By submitting any information or material in connection with an order for Product (including, without limitation, data files, written text, computer software, sound recordings, photographs, videos, logos or other images) (“Client Material”), you give us a limited, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit such Client Material in any manner or media whatsoever, now known or hereafter developed, for the purpose of designing, developing, and reproducing the Product ordered by you and performing the services naturally associated therewith or with your order. You take full responsibility for all Client Material, and agree to secure all necessary rights to copyrighted, trademarked or other material. You represent and warrant to us that Client Material will not violate the rights of any third party and will not give rise to any claim of such violation, including, without limitation, claims of libel, slander, defamation, copyright infringement, infringement of moral rights, trademark or patent infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights.
4. Disclaimer of Warranties. Without limiting the Disclaimer of Warranties in our Terms of Service, Product is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, ABG disclaims all warranties, expressed or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, availability, quality and non-infringement. ABG does not warrant or make any representations regarding the use or the results of the use of Product in terms of its correctness, accuracy, reliability, quality, or otherwise. Product could include technical inaccuracies or typographical errors. Product could be inaccurate or become inaccurate as a result of future developments. ABG undertakes no obligation to verify or maintain the currency of such information. ABG makes no representation or warranty that Product will be error free or that all errors will be corrected.
5. Limitation of Liability. Without limiting the Limitation of Liability in our Terms of Service, under no circumstances shall ABG or any of its officers, directors, employees, licensors and/or agents (“ABG Parties”) be liable to anyone for any indirect, special, incidental, consequential, punitive or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage), arising out of or in any way connected to these Purchase Terms & Conditions and/or the Rules and/or the Terms of Service and/or the use of, or the inability to use, Product. ABG shall not be liable even if ABG or a ABG authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, or delay. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the ABG Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for Product related to the claim for damages.
6. Indemnification. You hereby agree to defend, indemnify and hold ABG, and its respective officers, employees, directors, agents, licensors, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of (i) Client Material, (ii) your failure to comply with these Purchase Terms & Conditions, and (iii) your violation of any applicable laws or rights of us or any third party.
7. Governing Law. These Purchase Terms & Conditions and any disputes arising under or related to these Purchase Terms & Conditions or any Product will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Purchase Terms & Conditions (whether for breach of contract, tortious conduct or otherwise) or with respect to any Product will be brought exclusively in the state courts of New York located in New York, NY or the United States District Court for the Southern District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect thereto. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Purchase Terms & Conditions or Product.
8. General. If any provision of these Purchase Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Purchase Terms & Conditions may be assigned by ABG, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Purchase Terms & Conditions, along with the Terms of Service and any other written terms and conditions regulating use of the Website and Product, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Website.
9. Contact Us. If you have any questions or concerns regarding your order or Product, please contact us by e-mail at clientservices(at)abgprint(dot)com or write to us at Advanced Business Group, Inc., 266 West 37th Street, 15th Floor, New York, NY 10018.