Terms of Use

Introduction

Welcome to the Terms of Use for Abe's Market.com, a service of Abe's Market, Co. Users of AbesMarket.com (the "Site") are provided with a wide variety of information and services, including shopping opportunities, access to reviews, and the ability to submit reviews for other users (collectively the "Services"). By using (browsing or shopping on) our Site, you agree to comply with and be bound by the following terms of use (collectively, the "Terms of Use"). Please review the following terms carefully. If you do not agree to any of these terms, you should not use this Site.

The term "Abe's Market" or "us" or "we" refers to the owner of the Site, Abe's Market, Co., a Delaware corporation. The term "you" refers to the user or viewer of our Site or any of the Services.

Changes to the Terms of Use

Abe's Market reserves the right to change any of the terms and conditions contained in these Terms of Use or any policies or guidelines governing the Site or Services at any time and in its sole discretion. Changes to the Terms of Use and referenced policies and guidelines may be posted without notice to you.

Any changes will be effective upon posting of the revisions on the Site. All notice of changes to the Terms of Use will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes.

Your continued use of our Site and Services following Abe’s Market's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.

Privacy

Please see our Privacy Policy to understand how we use and share information about you.

Using Abe's Market

Age: Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this Site and our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Your Warranties About Use: You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions.

You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.

Password: Abe's Market may assign, or require that you have, a password and username to enable you to use and access certain portions and features of this Site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.

You agree to immediately notify Abe's Market of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that Abe's Market cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Termination of Service: Abe's Market reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, Abe's Market may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. Abe's Market will not be liable to any Buyer: (i) if Abe's Market does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if Abe's Market cancels from a transaction.

License & Site Access

Subject to the terms and conditions of these Terms of Use, Abe's Market hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content, shopping for products, uploading reviews, and interacting with other Site users on the Site. Users may not use the Site for any commercial use or use on behalf of any third party, other than sellers explicitly permitted to do so by Abe's Market and who are subject (in addition to these Terms of Use) to the Sellers' Terms and Conditions ("Sellers").

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by Abe's Market.

You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" or "frame" any material contained on the Site on any other server.

You many not use any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Abe's Market all of the license rights granted herein; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.

Any breach of these Terms of Use may result in the immediate revocation of the license granted above, without notice to you.

Links to Third Party Sites

Our Site may contain links to web sites controlled, owned, and operated by affiliated companies, individuals and other businesses ("Third-Party Sites"). We are not responsible for examining or evaluating information provided on the Third-Party Sites, and we cannot control and have no responsibility for the accuracy or availability of information provided on the Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms of use for those sites, and not by these Terms of Use. Such Third-Party Sites may have a privacy policy different from that of this Site and the Third-Party Sites may provide less security than this Site. You should carefully review the respective privacy statements and other conditions of use. We are not responsible for the content of any Third-Party Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and we shall have no liability of any nature whatsoever for the actions, products, and content of any such third parties or any other third parties and for any failure of products or services offered or advertised on such Third Party Sites.

Intellectual Property

Abe's Market, the bear logo, and other Abe's Market graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Abe's Market, Co. in the U.S. and/or other countries. Abe's Market's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit Abe's Market.

Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Abe's Market or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Abe's Market and protected by U.S. and international copyright laws.

Reviews & Comments

Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by us on the Site.

In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us, our affiliates or third parties as to the origin of any Submissions. We have the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.

Return Policy

Please see Returns

If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Seller, Abe's Market has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, Abe's Market will issue an immediate and full refund for the transaction amount to the credit card charged.

Disclaimer, No Warranty and Limitation of Liability

The Site, the Services and the products purchased by you are provided on an “as is” basis. Abe's Market makes no other representations or warranties of any kind, express, implied or statutory. Abe's Market, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Abe's Market shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ABE'S MARKET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS OBTAINED FROM SELLERS THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES. Such disclaimer shall include, without limitation, mislabelling of products and/or ingredients. In any such situation, your sole recourse shall be against the Seller who supplied you with the product through our Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the Site or the Services, and operation of the Site may be interfered with by numerous factors outside our control.

Limitation of Liability

IN NO EVENT SHALL ABE'S MARKET, AND (AS APPLICABLE) ABE'S MARKET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ABE'S MARKET'S SUPPLIERS OR SELLERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, ANY THIRD PARTY SITE, OR AS A RESULT OF THE APPLICATION AND/OR ENFORCEMENT OF THE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ABE'S MARKET'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ABE'S MARKET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO ABE'S MARKET FOR THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Abe's Market and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of your breach of the Terms of Use (and any documents they incorporate by reference), your own use of the Site or the Services, or your violation of any law or the rights of a third party.

Termination

You agree that we may, with or without cause, immediately terminate your account and access to our Site and Services without prior notice. Without limiting the foregoing, the following may lead to the termination by Abe's Market of a user's use of the Site and the Services: (a) breaches or violations of the Terms of Use or other incorporated documents, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), and (d) unexpected technical issues or problems. Termination of your Abe's Market account includes (without liability to Abe's Market): (i) removal of access to all offerings within the Site and the Services, (ii) possible barring you from further use of our Site and Services, and (iii) revoking all password(s) and usernames issued to or chosen by you. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any termination of your account or access to our Site and Services.

Any termination of access or of the Terms of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Applicable Law

The laws of the State of New York govern these Terms of Use, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Abe's Market or its affiliates relating in any way to these Terms of Use or your use of the Site or Services shall be adjudicated in any state or federal court in Lake County, Illinois, and you consent to exclusive jurisdiction and venue in such courts.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

If you believe that any content on the Site may give rise to copyright infringement, please provide Abe's Market with the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Please send notices to support@AbesMarket.com.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Resolution of Disputes and Release

In the event a dispute arises between you and Abe's Market, please contact us at support@AbesMarket.com.

Should you have a dispute with one or more users, a Seller, or an outside party, you release Abe's Market (and Abe's Market's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Abe's Market, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

Notices

All notices to users (including Sellers and Buyers) will be sent by e-mail or will be posted on the Site. We will send notices to users at the e-mail address maintained in Abe's Markets records for the user, which the Sellers can update using their Seller Admin pages and Buyers can update by logging into their account and editing their information. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.

Contact Information

If you have any question, you can contact Abe's Market at support@AbesMarket.com

Privacy Policy

Introduction

This policy tells you about how Abe's Market, Co. (“Abe's Market”) uses and protects your personal information when you use abesmarket.com (the “Site”) and our services. The policy applies to any of our domains or sub-domains. You can find a link to the policy at the footer of each web page. By using (browsing or shopping on) our Site, you agree to and accept the terms of this Privacy Policy, and you expressly consent to our collection, storage, use and disclosure of your personal information as described in this policy.


Pursuant to Abe's Market's Terms of Use documents, you must be at least 18 years of age to use the Site or have permission from a legal guardian. This policy makes no provision for individuals under 18 years old. This policy does not apply to the practices of third parties that Abe's Market does not own or control, or individuals that Abe's Market does not employ or manage.


Data We Collect

You may browse the Site without revealing personally identifiable information about yourself. Once you choose to register for an account or to make a purchase, you are not anonymous to us. By choosing to register for an account or by making a purchase, you consent to the transfer and storage of your account information.

We may collect and store the following information:

  • Email address, physical contact information, and financial information, such as credit card or bank account numbers
  • Shipping, billing and other information you provide when purchasing a product
  • Transactional information based on your activities on the Site
  • Correspondence through our Site, and correspondence sent to us
  • Information from your interaction with our Site, including computer and connection information, page views statistics, IP address and standard web log information;
  • Supplemental information from third parties (for example, results of credit checks from a credit bureau, as permitted by law).

How We Use the Data We Collect

Our primary purpose in collecting personal information is to provide you with a safe, efficient, and customized experience. You agree that we may use your personal information to:

  • Provide the services and customer support you request
  • Resolve disputes, collect fees, and troubleshoot problems
  • Prevent potentially prohibited or illegal activities, and enforce our agreements including the Terms of Use
  • Customize, measure and improve our services and content
  • Offer targeted marketing, service updates, and promotional offers based on your preferences
  • Compare your information for accuracy, including verification with third parties

Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Site and services.


Service Announcements

Abe's Market will send you an email when you register to welcome and confirm your account. Receipt of this email may be required for using our services.

Abe's Market may send you service-related announcements when it is necessary to do so. You may not opt-out of service-related communications which are not promotional in nature. If you do not wish to receive them, you can deactivate your account by emailing support@abesmarket.com from the email address you used to register with our Site.


Cookies

Cookies are small data files (which often include an anonymous unique identifier) that are sent to your browser from a web site's computers and stored on your computer's hard drive.

We use cookies on certain of our pages to: access your information when you "sign in"; keep track of your preferences; gather information about traffic; analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote security.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject cookies, you may not be able to use certain features or functionalities that require you to “sign in” and you may not be able to take full advantage of our services.


Sharing and Disclosing Your Information

Information about our customers is an important part of our business, and we are not in the business of selling it to others.

    Affiliated Businesses We Do Not Control: We work closely with affiliated business and other third parties, such as those that sell products through our Site. Due to the nature of our business model, when an affiliated business is associated with your transaction, you will share customer information that is related to such transaction with that affiliated business.

    Third-Party Service Providers: We use other companies and individuals to perform functions on our behalf such as processing credit card payments, analyzing data, providing customer service, and handling disputes. They have access to personal information needed to perform their functions but may not use it for other purposes.

    Protection of Abe's Market and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use documents; or protect the rights, property, or safety of Abe's Market, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

    Transfer of Assets: In some cases, Abe's Market may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Abe's Market may transfer information about you if Abe's Market is acquired by or merged with another company. In this event, Abe's Market will notify you by email or by putting a prominent notice on our Site before information about you is transferred and becomes subject to a different privacy policy.


    Others’ Information: In the course of using our Site, you may obtain another user's information. Pursuant to our Terms of Use, you have a limited license to use this information. This information should only be used for communications or transactions related to Abe's Market. Abe's Market has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Abe's Market user to your email or physical mail list.


Information Sharing and Disclosure

When you post a message, your Abe's Market username, name or alias may be visible to other users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Abe's Marketmay be required to disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Use. Abe's Market may disclose personally identifiable information as Abe's Market, in its sole discretion, believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Abe's Market may disclose name, street address, city, state, zip code, country, phone number, email address and company name. Abe's Market may share aggregated demographic information with business partners.


Without limiting the above, in an effort to respect your privacy and Abe's Market 's ability to keep the Site free from bad actors, Abe's Market will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order, legal process, or substantially similar legal procedure, except when Abe's Market believes in good faith that the disclosure of information is necessary to protect Abe's Market 's rights, prevent imminent physical harm or financial loss, or to report suspected illegal activity.


Third Parties

This document addresses only the use and disclosure of information Abe's Market collects from you. If you disclose your information to others, whether they are affiliated third party businesses, individuals or users on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.


Account Security

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Abe's Market transmits credit card information using SSL to the appropriate credit card company during order processing. Although we follow generally accepted industry standards to protect the information submitted to us, transmitted by us, and stored by us, we cannot guarantee its absolute security.

It is important for you to protect against unauthorized access to your password and to your computer. You are responsible for all actions made from your account. Do not share your password with anyone, and be sure to sign out of your account when finished using a shared computer.


Editing Account Information

You can see, review and change most of your personal information by signing onto your Abe's Market account. As general practice, we will not manually modify your personal information. You must promptly update your personal information if it changes or is inaccurate.

Once you make a public posting (such as a review), you may not be able to change or remove it. We may retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.


Changes to this Privacy Policy

Abe's Market has the right to amend this Privacy Policy at any time. We will post the amended terms on the Site. Any amendments will take effect immediately. As such, please review this policy frequently.


Questions

If you have questions or suggestions you can contact us via email or by clicking here.