Welcome to the ABSTRAXX Web Site ("Site"). Please review the following basic terms that govern your use of and/or 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

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by ABSTRAXX and its subsidiaries and/or affiliates (collectively "ABSTRAXX"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by ABSTRAXX and all other ABSTRAXX trademarks appearing at this Site are trademarks of ABSTRAXX.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our e-commerce site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. 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 Contents, the Site, or any related software.

You may, with our permission, reproduce portions of our site in connection with a review of, or commentary on, the ABSTRAXX Site.

CORRECTION OF ERRORS AND INACCURACIES

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause. If you are not fully satisfied with your ABSTRAXX purchase you may return it in its original condition, with the original ABSTRAXX packing receipt within 14 days of the order date. Please see our Return Policy.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to ABSTRAXX on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain ABSTRAXX's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to ABSTRAXX of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ABSTRAXX will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ABSTRAXX is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. The forgoing statements do not apply to the Rewards Program. All comments submitted to the Rewards Program will be kept in confidence.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the 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 Comments you make.

You agree that ABSTRAXX may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. Please see our Privacy Policy. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that ABSTRAXX may use your information for marketing and promotional purposes.

ABSTRAXX COMMUNICATIONS TO YOU

You agree that ABSTRAXX may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of ABSTRAXX's products or services, or for such other purpose(s) as ABSTRAXX deems appropriate. Please see our Privacy Policy.

PRODUCT INFORMATION

Most ABSTRAXX products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. Currently, ABSTRAXX is only shipping goods purchased from the site within the United States. Thus, prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States and its territories.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which ABSTRAXX does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT ABSTRAXX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold ABSTRAXX harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS

Unless otherwise specified and except to the extent ABSTRAXX products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting ABSTRAXX's products and services available in the United States and select foreign markets. This Site is controlled and operated by ABSTRAXX.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the State and Federal courts of the State of California.

TERMINATION

This Agreement is effective unless and until terminated by either you or ABSTRAXX . You may terminate this Agreement at any time. ABSTRAXX also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ABSTRAXX's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ABSTRAXX, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of this Agreement or otherwise.