Terms and Conditions
Last updated: May 3, 2021
Welcome to Abide In Power and/or its affiliates (“Abide In Power”) provide website features and other products and services to you when you visit or shop at , use products or services, use Abide In Power applications for mobile, or use software provided by Abide In Power in connection with any of the foregoing (collectively, ” Abide In Power”). By using the Abide In Power Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of Abide In Power Services, and sometimes additional terms may apply. When you use a Abide In Power Service (for example, Your Profile, Gift Cards, Abide In Power Video, Your Media Library, Abide In Power devices, or Abide In Power applications) you also will be subject to the guidelines, terms and agreements applicable to that Abide In Power Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Abide In Power Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Abide In Power Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Abide In Power Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Abide In Power or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Abide In Power Service is the exclusive property of Abide In Power and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Abide In Power Service are trademarks or trade dress of Abide In Power in the U.S. and other countries. Abide In Power trademarks and trade dress may not be used in connection with any product or service that is not Abide In Power, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Abide In Power. All other trademarks not owned by Abide In Power that appear in any Abide In Power Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Abide In Power.
One or more patents owned by Abide In Power apply to the Abide In Power Services and to the features and services accessible via the Abide In Power Services. Portions of the Abide In Power Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Abide In Power or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Abide In Power Services. This license does not include any resale or commercial use of any Abide In Power Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Abide In Power Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Abide In Power or its licensors, suppliers, publishers, rightsholders, or other content providers. No Abide In Power Service, nor any part of any Abide In Power Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Abide In Power. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Abide In Power without express written consent. You may not use any meta tags or any other “hidden text” utilizing Abide In Power’s name or trademarks without the express written consent of Abide In Power. You may not misuse the Abide In Power Services. You may use the Abide In Power Services only as permitted by law. The licenses granted by Abide In Power terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Abide In Power account to use certain Abide In Power Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit My Account to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Abide In Power does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Abide In Power Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Abide In Power Household. Alcohol listings on Abide In Power are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Abide In Power reserves the right to refuse service, terminate accounts, terminate your rights to use Abide In Power Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Abide In Power reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Abide In Power a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Abide In Power and sublicensees 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 Abide In Power for all claims resulting from content you supply. Abide In Power has the right but not the obligation to monitor and edit or remove any activity or content. Abide In Power takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Abide In Power respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please use the Contact form available on our site to make us aware and we will gladly and diligently review your claim.
RISK OF LOSS
All purchases of physical items from Abide In Power 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.
RETURNS, REFUNDS AND TITLE
Abide In Power does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Abide In Power does not take title to the refunded item. For more information about our returns and refunds, please see our Refund Policy.
Abide In Power attempts to be as accurate as possible. However, Abide In Power does not warrant that product descriptions or other content of any Abide In Power Service is accurate, complete, reliable, current, or error-free. If a product offered by Abide In Power itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Abide In Power and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Abide In Power.
With respect to items sold by Abide In Power, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Abide In Power 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. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Abide In Power, such as the Abide In Power App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Abide In Power Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Abide In Power Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Abide In Power Software), technology, and services.
Parties other than Abide In Power operate stores, provide services or software, or sell product lines through the Abide In Power Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Abide In Power. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Abide In Power does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AMAZON SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON DOES NOT WARRANT THAT THE AMAZON SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, AMAZON’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Abide In Power Service will be adjudicated in the state or Federal courts in Virginia, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any Abide In Power Service, you agree that applicable federal law, and the laws of the state of Washington, 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 Abide In Power.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Abide In Power
3407 Verdun Ave
Norfolk, VA 23509
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Abide In Power Services (the ” Abide In Power Software”).
- Use of the Abide In Power Software. You may use Abide In Power Software solely for purposes of enabling you to use the Abide In Power Services as provided by Abide In Power, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Abide In Power Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Abide In Power Software in whole or in part. All software used in any Abide In Power Service is the property of Abide In Power or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Abide In Power Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Abide In Power Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Abide In Power Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Abide In Power Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Abide In Power or third-party terms applicable to any portion of Abide In Power Software, such as open-source license terms, such other terms will control as to that portion of the Abide In Power Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Abide In Power accepts service of subpoenas or other legal processes only through Abide In Power. All documents can be therefore delivered to the following address:
Abide In Power
3407 Verdun Ave
Norfolk, VA 23509
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Abide In Power devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online Contact form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our home address:
Abide In Power
3407 Verdun Ave
Norfolk, VA 23509
phone: (757) 807-5716
Written claims concerning copyright infringement must include the following information:
- A physical or electronic 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;
- 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; and
- 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.