Terms and conditions of use
- User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the ACBA website and not interfere with the use and enjoyment of the ACBA website by other users or with the ACBA’s operation and management of the ACBA website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ACBA website, including, without limitation, information required to be provided through an ACBA registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the ACBA reserves the right to terminate your access and use of the ACBA website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ACBA website, or defame or otherwise harm any party, including the ACBA, through your use of the ACBA website.
- Proprietary Rights. The content of the ACBA website includes, without limitation, (i) the ACBA’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “ACBA Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the ACBA website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “ACBA Content”). ACBA Content is the property of the ACBA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any ACBA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the ACBA or the owner of such content if the ACBA is not the owner. Any use of the ACBA Marks without the ACBA’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the ACBA Content, including any such notices appearing on any ACBA Content you are permitted to download, transmit, display, print, or reproduce from the ACBA websites.
- Responsibility for Use of the Internet and the ACBA websites. Use of the Internet and the ACBA website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The ACBA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ACBA website over the Internet or other communication network. The ACBA shall not be obligated to correct or update the ACBA website, the ACBA Content or the User-Generated Content and the ACBA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the ACBA website.
- Medical Disclaimer. The ACBA Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
- Links to the ACBA website and ACBA Content. Links posted by third parties to the ACBA website and/or ACBA Content may not use the ACBA trademark or logo and shall not suggest that the ACBA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the ACBA website shall be the responsibility of the linking party. The ACBA reserves the right to require any linking party to disable or remove any link that violates the ACBA’s rights or causes interruption or deterioration of ACBA Content.
- Warranties Disclaimed. THE ACBA WEBSITE AND ACBA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ACBA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “ACBA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ACBA WEBSITE OR ACBA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE ACBA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACBA WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) ACBA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ACBA WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Limitation of Liability. THE ACBA SHALL NOT BE LIABLE, AND DISCLAIMS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE ACBA WEBSITE AND/OR ANY ACBA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ACBA WEBSITES AND/OR ACBA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE ACBA WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ACBA WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACBA WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE ACBA WEBSITE ARISING OUT OF CAUSES BEYOND THE ACBA’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE ACBA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ACBA WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE ACBA WEBSITE OR ACBA CONTENT.
- Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ACBA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in a court identified herein.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ACBA website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.