Effective Date: December 31, 2018
1. Copyright and Trademark Information
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
2. Use of Our Content; Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
· In any way that violates any applicable federal, state, local or international law or regulation;
· To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
· Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
· Use any device, software or routine that interferes with the proper working of the Site; or
· Otherwise attempt to interfere with the proper working of the Site.
You agree that you will not use any membership or roster information available on the Site for any marketing or solicitation purposes whatsoever.
In the event access to the Site or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us.
3. Protected Areas
ABFO may utilize a number of precautions to help keep your log-in credentials secure, including without limitation, a password, security questions, and a security image/caption. However, you should keep your log-in credentials secure at all times and are ultimately responsible for their security. Please remember to log out of your secured sessions on the Site and close your Internet browser following the session. If at any time you believe your log-in credentials have been compromised and you wish to change your account registration information, you will be provided with an opportunity to do so on the Site. In the event that you suspect any unauthorized activity has occurred in connection with your account, please contact ABFO immediately. ABFO will never request information regarding your log-in credentials in an unsolicited telephone call or e-mail. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by us at any time with or without cause.
4. Other Products and Services
You may be able to purchase other products and/or services on the Site. We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
5. Links to Other Sites
From time to time we may provide links to third party websites and services that we think may be of interest to you. We makes no representations whatsoever about any other website that you may access through this Site. When you access third party websites, please understand that they are independent from this Site and us, and that we have no control over the content on that website. In addition, a link to a third party website does not mean that we endorse or accept any responsibility for the Content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
6. Limitation of Liability and Disclaimer of Warranties
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, OR PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Some states do not allow the disclaimer of certain warranties or limitation of certain liabilities so the foregoing disclaimers and warranties may not apply to you.
Any claims arising in connection with your use of the Site, any Content or any products or services purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
By using the Site, you agree to indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site or any payments made through the Site.
8. Dispute Resolution; Arbitration Agreement
The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in Menlo Park, California in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the United States District Court for the Northern District of California or in any California state court of competent jurisdiction with venue lying in San Mateo County, California to the exclusion of all other forums.
9. Governing Law
12. Complete Agreement
15. Contact Information