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ABA Website Statement, Policies, and Agreement
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against ABA on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
You understand and agree that the ABA Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the ABA Sites or any other client software. The opinions expressed on the ABA Sites are not necessarily the opinions of us and may or may not be factually accurate. We also reserve the right to modify, suspend or discontinue the ABA Sites with or without notice at any time and without any liability to you.
Use and Ownership of Content
The ABA Sites contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound (“Content”). ABA or other individuals or entities may own this Content. You may use the ABA Sites and the Content offered on the ABA Sites only for your own, non-commercial purposes, unless otherwise specifically permitted by the ABA. You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works, or in any way exploit the Content of the ABA Sites or any portion of them, unless otherwise specifically permitted by the ABA. You may use Content offered for downloading, subject to the rules that accompany that particular Content. For example, use of the materials available for download on the “Designs & Downloads” section of the ABA Sites is subject to your acceptance of the ABA Member IndieBound Materials License Agreement. In the event of any permitted copying, redistribution or publication of material from the ABA Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you. You may not use the Content in a manner that exceeds the rights granted for your use of the Content.
You acknowledge that you do not acquire any ownership rights by downloading any copyrighted Content from the ABA Sites. You are, instead, being granted a limited, revocable, non-exclusive, non-transferable license to use the Content. Without our prior written consent, you may not: (i) use any data or password mining, robots, or similar data gathering and extraction tools on the Content; (ii) frame any portion of the ABA Sites or Content; or (iii) reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content, unless the ABA sites specifically permit such actions for the Content at issue. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction, distribution, or republication of the Content.
By uploading Content onto the ABA Sites, you warrant and represents that you own the copyright, trademark or other proprietary right in such information, software, or other material, or have received permission from the person or entity who owns such rights. You shall not upload, post or otherwise make available on the ABA Sites any User-Generated Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
By submitting or otherwise posting User-Generated Content to public areas of the ABA Sites, you hereby, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grant to us and our affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-Generated Content, including any message or any e-mail sent by you to us or posted on the ABA Sites (in whole or in part), and/or to incorporate it in other works in any form, media or technology now known or later developed without approval, further compensation, or the need to attribute authorship. You further grant ABA the right to sublicense, transfer or assign the rights granted herein through multiple tiers of sublicenses.
Policy on Proper Use of ABA Sites
The ABA Forum Site is for ABA bookstore members only. You may not grant access to the ABA Forum Site in any manner to any non-ABA bookstore member. ABA does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by users of the ABA Forum Site or otherwise endorse any opinions expressed by users of the ABA Forum Site. You acknowledge that any reliance on material posted by other users of the ABA Forum Site will be at your own risk.
You may use the ABA Sites for lawful purposes only. You may not submit or transmit through the ABA Sites any material or otherwise engage in any conduct that:
A. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
B. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
C. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
D. impersonates any person, business or entity, including us and our employees and agents;
E. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
F. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
G. disrupts the normal flow of dialogue or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
H. violates any law or any ABA standard, policy and procedure, including the ABA antitrust compliance policy;
I. describes a pyramid scheme or is a chain letter; or
In addition, ABA urges its members to carefully consider any statements about, or concerning the actions of, other organizations, booksellers, suppliers, sellers, or publishers; and not to make any disparaging, defamatory, anticompetitive, or similar statements in such regard.
Certain portions of the ABA Sites may require you to register for a user account with ABA. If you choose to create a user account, you will be asked to select a user name and a password as part of the registration process. You may not (i) select or use a user name or e-mail address of another person with the intention of impersonating that person; (ii) use a user name or e-mail address of anyone else without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a user name that we consider to be offensive.
You agree that you are responsible for all statements made, and acts or omissions that occur, on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
The ABA Sites are not intended for use by persons under the age of 13. By accessing and using the ABA Site, you have indicated that you are at least 13 years or age or older.
Links to External Sites
The ABA Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the content, goods or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
You agree not to use the ABA Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
No Spamming or Spimming
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
Without the prior written permission of the ABA, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the ABA Sites, or incorporate any intellectual property of the ABA Sites, the ABA or any of their licensors into another website or other service.
Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the ABA Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement at:
American Booksellers Association
333 Westchester Avenue, Suite S202
White Plains, NY 10604
Facsimile Number: (914) 417-4013
Email address: email@example.com
Please provide the following information to our Copyright Agent:
We collect personal information on the ABA Sites, which is subject to the terms of our privacy statement, located at http://www.bookweb.org/about/statement/privacy, which is incorporated by reference into this document.
Disclaimer of Warranties
ABA is providing information and services on the Internet as a benefit and service in furtherance of ABA's non-profit and tax-exempt status. We provide the ABA Sites “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the ABA Sites. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE ABA SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE ABA SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE ABA SITES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ABA SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE ABA SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR FROM ALL LOCATIONS. NOR SHALL ANY ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN ABA REPRESENTATIVE CREATE A WARRANTY.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US RELATED TO USE OF OR ACCESS TO THE ABA SITES IS TO DISCONTINUE YOUR USE OF THE ABA SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE ABA SITES EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD OR, IN THE EVENT THAT YOU HAVE NOT PAID MEMBERSHIP FEES, $500.00. WE AND OUR AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE ABA SITES OR FROM ANY POSTINGS ON THE ABA SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE NEITHER ENDORSE NOR SHALL BE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE ABA SITES BY ANYONE OTHER THAN AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ABA SITES AND/OR ANY POSTINGS OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE ABA SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ABA SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ABA policy is to scrupulously comply with all antitrust laws. ABA reminds all visitors to the ABA Sites to refrain from any activity that could be construed as a violation of U.S. antitrust laws, including discussion of and exchange of information on the following subjects: prices, terms of sale, costs, discounts, advances, mark-ups, preferences, advertising allowances, plans for dealing with particular customers, suppliers, or competitors, concerted action to refuse to deal with or to boycott certain companies, and marketing plans on a product line or geographic basis and any other discussion topics that could be construed to impose a restraint on trade and inhibit free and fair competition in the bookselling industry.
Choice of Law & Arbitration
Modification & Termination
ABA reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the ABA Sites or to block your access to the ABA Sites at any time and without notice, for any reason.
No Third Party Beneficiaries
Waiver & Severability
NO REFUNDS OR EXCHANGES ARE AVAILABLE FOR PURCHASES OR RENEWALS MADE ON THE ABA SITES.
American Booksellers Association
333 Westchester Avenue, Suite S202
White Plains, NY 10604
Facsimile Number: (914) 417-4013
Email address: firstname.lastname@example.org
The American Booksellers Association, a national not-for-profit trade organization, works with booksellers and industry partners to ensure the success and profitability of independently owned book retailers, and to assist in expanding the community of the book.
Independent bookstores act as community anchors; they serve a unique role in promoting the open exchange of ideas, enriching the cultural life of communities, and creating economically vibrant neighborhoods.
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