American Business Association

AMERICAN BUSINESS ASSOCIATION (ABA) Terms & Conditions


3. Consumer Member

The Terms and Conditions for Consumer Membership below include and are in addition to the following:


1. Platform User Privacy and Security Policy

2. Platform User Terms and Conditions

By registering as a consumer member (“Consumer Member”) with the American Business Association (the “ABA”), submitting material to our business platform (“Platform”) or using any of our website services, you are expressly agreeing to all these Terms and Conditions.

You must be at least 18 years of age to use this the ABA Platform, and by using our Platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Consumer Member Registration Requirements: Use the Sign Up link located in the Platform header to register and provide the information above. A Platform user that registers as a Consumer Members is required to input the following data into the Consumer Member Registration page:

  1. Name
  2. Public Username
  3. Telephone Number
  4. Email Address
  5. Password (Minimum of 8 Characters)
  6. Confirm Password

User IDs and passwords: The User ID and password that you choose as a part of registering for a membership account with our Platform is subject to the following limitations:

  1. Your user ID must not be liable to mislead and must comply with the content rules; you must not use your account or user ID for or in connection with the impersonation of any person.
  2. You must keep your password confidential.
  3. You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our Platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Consumer Member Profile Privacy: Consumer Member Profile information will be kept as private and secure as possible on the Platform. No other member will be able to use legal search methods to access your Consumer Member profile. Consumer and Business Members are not allowed to search for and find other Consumer Member profiles. Those are kept private and may be accessed only by the ABA for lawful ABA marketing activities, or made available to law enforcement officials under subpoena.

Profile Contact Information Release Exception: The ABA will not knowingly release Consumer Member profile information to any other ABA member or outside entity except:

  1. To ABA Business Members that respond to Consumer Requests that the Consumer Members posted.
  2. To facilitate Consumer Request responders contacting the Consumer Member in order to proceed with negotiations to meet the needs as specified in the post.

The ABA reserves the right to contact the Consumer Member with matters relating to:

  1. Consumer Request posts
  2. Consumer Request responses
  3. Consumer Request negotiations
  4. Consumer Request deals/contracts
  5. ABA Business Member performance
  6. ABA Consumer Reviews posted on the Platform
  7. ABA marketing to ABA Consumer Members

Consumer Member Account Access: After registration, use the Login link, also located in the Platform header and use your username and password to access your account information.

Permitted ABA Consumer Member Activities: ABA Consumer Members may:

  1. Search for and find the ABA profiles of all Business Members of interest
  2. Independently approach ABA Business Members
  3. Post Consumer Requests with the intention of doing business with one of up to three ABA Business Members that respond.
    1. Engage in good-faith negotiations with each ABA Business Member respondent
    2. Choose the ABA Business Member you wish to do business with
    3. Inform the ABA of the completed deal.

  4. The ABA reserves the right to contact Consumer and Business Members about the status of any Consumer Request post and the Business Member’s performance in delivering the products and/or services specified in the resulting contract.

Consumer Members can post Consumer Requests: Only people and businesses that register as Consumer Members can post a Consumer Request.

The ABA may contact you regarding your Consumer Request: A representative from the ABA may contact you to confirm details of your request including:

  1. Contact information
  2. Description accuracy and completeness
  3. Performance time constraints
  4. Budget estimation

Creating a well described Consumer Request in industry categories/sub-categories and geographic areas the ABA serves will maximize its effectiveness.

When the ABA reviews information contained in a Consumer Request and finds that it is complete and sufficient for our Business Members to be able to effectively respond, the ABA reserves the right not to contact a Consumer Member and allow the post to proceed as-is.

Consumer Request Posts: The ABA makes no commitment or promise to post every Consumer Request or have any ABA Business Member respond to it.

The ABA may not serve your area or industry of interest: Although the ABA is growing, we may not be in your area or have a campaign serving consumers in the industry category you need, which will affect our decision whether to post a Consumer Request or not. We reserve the right to save Consumer Request posts to assist planning our growth in industries and/or geographic areas that we do not serve at present.

Bringing Trust: Our purpose for reviewing and approving Consumer Requests is to bring trust to the relationship between our Consumer Members and our Business Members.

  1. When a Consumer Request has been approved for posting, Consumer Members can trust that it will contain sufficient information to attract productive responses from up to three ABA Business Members who are highly qualified to satisfy the request.
  2. When the ABA Business Members see an approved Consumer Request, they can trust that it is serious and actionable.
  3. Consumer Members will not be overwhelmed by more than thee qualified responses per Consumer Request via the ABA.
  4. Consumer Requests will stay within the ABA network and will not be distributed or sold to any entity outside the ABA.

Accredited Business Members sign up to accept and respond to Consumer Request posts: Only accredited Silver level and higher Business Members can sign up to respond to Consumer Requests. Basic Business Members cannot sign up to respond to Consumer Requests.

The ABA posts approved Consumer Requests: As soon as Consumer Requests are reviewed and approved, they are posted between the hours of 9:00 a.m. – 5:00 p.m. in the time zone appropriate for the Consumer Member that posted the Consumer Request.

Consumer Request Distribution: Consumer Requests are distributed to ABA Business Members who are qualified to perform in the following areas specified in the Consumer Request:

  1. Industry Category/Sub-Category
  2. Geographic Area (Zip Codes)

Business Members outside the industry category/sub-category and geographic area specified in the Consumer Request will not receive them.

Consumer Request information Business Members will see: Business Members that receive an ABA Consumer Request will see the following information associated with every post:

  1. Industry Category and Sub-Category
  2. Request Description
  3. Starting Date
  4. Consumer Request Status
  5. Estimated Budget
  6. City
  7. State
  8. Zip Code

Consumer Member personal contact information, such as telephone number, physical address and email address will be kept private and withheld from all other members.

Consumer Request Response: A maximum of three Qualified Business Members will be allowed to respond to a posted Consumer Request. The first three Business Members that respond are permitted to present their solutions to you and bid to perform.

The Consumer Member that posted the Consumer Request will receive email confirmation of their responses.

Consumer contact information will be released to responders: The three responders to the posted Consumer Request will be provided with the Consumer Member’s contact information.

Responders Contact Consumers: The Business Member responders are expected to contact the Consumer to negotiate a quote or bid for the contract to provide the product or service described in the posted Consumer Request. The ABA reserves the right to contact the Consumer Member and the Qualified Business Member respondents to see how the business negotiations are progressing with regard to any posted Consumer Request.

The ABA makes no Business Member recommendations: The ABA makes no claims to recommend one Business Member over any other to any ABA member, Platform User or outside entity. The ABA makes no inference of superior value, quality or quantity between any of our Business Members. Members and Platform Users interact with ABA Business Members at their own risk. Consumer Members and Platform Users take full responsibility for the results of any interaction they have with ABA Business Members.

Awarding the Business: The ABA facilitates the connection. The Consumer Member is responsible for their choice. Consumer Members that post a Consumer Request can choose which of up to three ABA Business Member respondents wins their business.

Guarantees or Warranties: The ABA does not provide any warranty or guarantee for the quality of the product or service performed under the provisions of the agreed contract between the Consumer and Business Members; all express or implied warranties are hereby disclaimed.

Payment: Consumer Members will pay the Business Members who won the business directly according to the amount and timing agreed in the contract. Consumer Members make no payment to the American Business Association. The ABA will not accept payment from Consumer Members.

ABA Contact Rights: The ABA reserves the right to contact Consumer Members in a timely manner to confirm specific details of deals/contracts that resulted from posting a Consumer Request.

Cancellation and suspension of membership:

We may at any time in our sole discretion without notice or explanation for violation of our terms and conditions:

  1. Suspend your membership account;
  2. Cancel your membership account; and/or
  3. Edit your membership account details.

You may cancel your membership account on our Platform using your account control panel on the Platform at any time.

Arbitration:

All disputes or claims arising out of your use of the Platform shall be submitted to binding arbitration with the American Arbitration Association. Binding arbitration shall be conducted in Atlanta, Georgia in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The claim shall be decided by one arbitrator who shall be a retired federal or state court judge and who shall be selected by mutual agreement of the parties, or if the parties cannot agree, by the American Arbitration Association in Atlanta, Georgia. The only matter which may be the subject of a court action is the enforcement of this arbitration provision; provided, however, either party shall have the right to obtain provisional remedies such as injunctive relief or the appointment of a receiver.

Terms and Conditions Changes: The ABA reserves the right to change, modify or alter these Terms and Conditions at any time and without notice to ABA members or outside entities.