2. Platform User
In addition to the Platform User Privacy and Security Policy the following terms and conditions shall govern your use of the web site and Platform of the American Business Association (“ABA”). By using our Platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our web site or Platform.
License to use the ABA website and Platform (the “Platform”):
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any ABA or material posted by other members on our Platform.
Unless you own or control the relevant rights in the material, you must not:
Unacceptable use. You must not:
Permitted Platform User Activities: Subject to the terms of Unacceptable Use listed above, all Platform Users may:
No Business Member Recommendations: The ABA makes no claims to recommend one Business Member compared with another to any Platform User. The ABA makes no inference of superior value, quality or quantity between any of our Business Members. Platform Users interact with ABA Business Members at their own risk. Platform Users take full responsibility for the results of any interaction they have with ABA Business Members.
Mobile Application (App) Provisions:
All rights, title, and interest to the Service and the Mobile App, including all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights thereto are the sole and exclusive property of American Business Association and its licensors. Subject to the foregoing and upon activation of your ABA profile, ABA hereby grants you a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resalable license and rights to use the Mobile App for the sole purpose of accessing the Service on any Apple iPhone or Android phone you own or control, in strict accordance with the Terms and Conditions
The mobile app and the service provided hereunder is provided “as-is” and the ABA makes no warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, any warranty arising by usage of trade, course of dealing or course of performance, or any warranty that the mobile app or service will meet your requirements without limiting the foregoing;
We do not warrant that the mobile app or the service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data, or information, or that the mobile app or the service is error free. Any statements and descriptions concerning the mobile app or the service by the American Business Association or its agents or representatives are informational and are not given as warranty of any kind.
You agree to defend, indemnify, and hold harmless the American Business Association, its officers, directors, employees, affiliates, agents, assigns, and any other service provider who furnishes services to you or us in connection with the use of the Platform, from any and all claims, suits, actions, judgments, losses, damages (direct, indirect and consequential), fines, penalties, costs, and expenses (including, without limitation, attorney's fees) by or on behalf of you or any third party relating to: (i) the use of the Mobile App; (ii) your violation of applicable laws, regulations or the Terms; (iii) the transmission of any messages, content, images or other information; (iv) any claims for infringement of any intellectual property rights arising from or in connection with use of the Platform, or (v) any harm to any person resulting in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data).
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.