Last Updated April 1, 2020
AMERICAN BANKRUPTCY INSTITUTE WEBSITES
1. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the American Bankruptcy Institute (“ABI”, "Company", “we”, “us”, or “our”), concerning your access to and use of any site containing the URL’s: www.abiworld.org or www.abi.org, and any other websites operated by the ABI from time to time, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively referred to as the "ABI Websites"). You agree that by accessing the ABI Websites, you have read, understood, and agreed to be bound by all of these Terms of Use. Please read these Terms of Use carefully as well as the ABI's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the ABI Websites.
2. Supplemental terms and conditions or documents that may be posted on the ABI Websites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the ABI Websites after the date such revised Terms of Use are posted. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 34, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.
3. The information provided on the ABI Websites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the ABI Websites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
4. The ABI Websites are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the ABI Websites. You may not use the ABI Websites in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
5. The ABI Websites are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the ABI Websites.
6. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the ABI Websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the ABI Websites and the ABI Content (as defined below in Section 18) for your non-commercial personal use and for no other purpose. ABI reserves the right to bar, restrict or suspend any user's access to the ABI Websites, and/or to terminate this license at any time for any reason. ABI reserves any rights not explicitly granted in these Terms of Use.
7. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive ABI's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the ABI Websites, any ABI Content (as defined below in Section 18), or any portion thereof. Further, you may not (i) use the ABI Websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the ABI Websites, including ABI Content; (ii) interfere with the proper working of the ABI Websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the ABI Websites.
8. Click-Through Agreements. Before using certain areas of the ABI Websites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate; the Click-Through Agreement will govern.
9. Personal Login Information. Certain features and areas of the ABI Websites are available only with registration, login, such as ABI Member account number, and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. ABI is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact ABI immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
10. Privacy Policy. For information about ABI's data protection practices and ABI's use and protection of your personal information, please read the ABI's Privacy Policy which is incorporated into and made a part of these Terms of Use.
11. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the ABI Websites and not interfere with the use and enjoyment of the ABI Websites by other users or with ABI's operation and management of the ABI Websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ABI Websites, including, without limitation, information required to be provided through an ABI Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, ABI reserves the right to terminate your access and use of the ABI Websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ABI Websites, or defame or otherwise harm any party, including, through your use of the ABI Websites.
12. The ABI Websites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the ABI Websites, you agree not to:
a. Systematically retrieve data or other content from the ABI Websites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
c. Circumvent, disable, or otherwise interfere with security-related features of the ABI Websites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the ABI Websites and/or the Content contained therein.
d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the ABI Websites.
e. Use any information obtained from the ABI Websites in order to harass, abuse, or harm another person.
f. Make improper use of our support services or submit false reports of abuse or misconduct.
g. Use the ABI Websites in a manner inconsistent with any applicable laws or regulations, including but not limited to doing anything intentionally or unintentionally to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
h. Use the ABI Websites to advertise or offer to sell goods and services.
i. Engage in unauthorized framing of or linking to the ABI Websites.
j. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the ABI Websites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the ABI Websites.
k. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
l. Delete the copyright or other proprietary rights notice from any Content.
m. Attempt to impersonate another user or person or use the username of another user.
n. Sell or otherwise transfer your profile.
o. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
p. Interfere with, disrupt, or create an undue burden on the ABI Websites or the networks or services connected to the ABI Websites.
q. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the ABI Websites to you.
r. Attempt to bypass any measures of the ABI Websites designed to prevent or restrict access to the ABI Websites, or any portion of the ABI Websites.
s. Copy or adapt the ABI Websites’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
t. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the ABI Websites.
u. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the ABI Websites, or using or launching any unauthorized script or other software.
v. Use a buying agent or purchasing agent to make purchases on the ABI Websites.
w. Make any unauthorized use of the ABI Websites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
x. Use the ABI Websites as part of any effort to compete with us or otherwise use the ABI Websites and/or the Content for any revenue-generating endeavor or commercial enterprise.
13. User Generated Content. We welcome your views, comments and other communications, pictures, track back URLs, or videos on our ABI Websites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content ("User Content"). By contributing User Content to any of the ABI Websites or social media profiles, users understand and acknowledge that this information is available to the public and grant the ABI a nonexclusive license to display, reproduce, transmit, modify such User Content and that the ABI may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. When you create or make available any Contributions, you thereby represent and warrant that:
a. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
b. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the ABI Websites, and other users of the ABI Websites to use your Contributions in any manner contemplated by the ABI Websites and these Terms of Use.
c. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the ABI Websites and these Terms of Use.
d. Your Contributions are not false, inaccurate, or misleading.
e. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
f. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
g. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
h. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
i. Your Contributions do not violate any applicable law, regulation, or rule.
j. Your Contributions do not violate the privacy or publicity rights of any third party.
k. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
l. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
n. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
If you believe any User Content infringes on your proprietary rights, contact the ABI’s Copyright Agent as identified in these Terms of Use. The ABI does not approve, endorse, or adopt any User Content, and the ABI assumes no liability for any User Content submitted by you or others. You agree to indemnify the ABI against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post user content on the ABI Websites. Please note that other participants may use posted information beyond the control of the ABI. All user content is read at your own risk, and the ABI recommends that you not rely on the information or advice in any of these postings.
The ABI retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The ABI also retains the right to ban or block a user from posting on ABI social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All user content must comply with the ABI Code of Conduct.
You acknowledge, consent and agree that the ABI may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the ABI to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.
Any use of the ABI Websites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the ABI Websites.
14. Mobile Application license.
a. Use License. If you access the ABI Websites via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
b. Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the ABI Websites: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
15. Social Media. As part of the functionality of the ABI Websites, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the ABI Websites; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the ABI Websites via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the ABI Websites. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the ABI Websites. You will have the ability to disable the connection between your account on the ABI Websites and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the ABI Websites. You can deactivate the connection between the ABI Websites and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
16. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the ABI Websites ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
17. Guidelines for Reviews. We may provide you areas on the ABI Websites to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
18. Proprietary Rights. The content of the ABI Websites includes, without limitation, (i) ABI's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "ABI Marks"), (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, 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 ABI Websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "ABI Content"). ABI Content is the property of the ABI, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, 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 ABI Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact the ABI Communications department at 703-739-0800. Any use of the ABI Marks without ABI's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the ABI Content, including any such notices appearing on any ABI Content you are permitted to download, transmit, display, print, or reproduce from the ABI Websites.
19. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the ABI Websites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ABI Websites over the Internet or other communication network. ABI shall not be obligated to correct or update the ABI Websites or the ABI Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the ABI Websites.
20. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the ABI Websites and ABI Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.
The information contained in the ABI Websites and ABI Content may or may not reflect the most current legal developments; accordingly, information on the ABI Websites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the ABI Websites or the ABI Content should be used as a substitute for advice of competent counsel. The materials on the ABI Websites and ABI Content do not constitute legal advice and do not necessarily reflect the opinions of the ABI.
21. Third Party Information. The ABI Websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the ABI Websites are those of the respective third party and not of ABI or its affiliates. ABI makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
22. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. ABI respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the ABI’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the ABI Websites;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The ABI’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
American Bankruptcy Institute
Attn: Amy Quackenboss
99 Canal Center Plaza, Suite 200
Alexandria, VA 22314
By phone: (703) 739-0800
By fax: (703) 739-1060
By email: [email protected]
23. Advertisers. The ABI Websites may contain advertisements of third parties. The inclusion of advertisements on the ABI Websites does not imply endorsement of the advertised products or services by ABI. ABI shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the ABI Websites. Further, ABI shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the ABI Websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers. If you are an advertiser, you shall take full responsibility for any advertisements you place on the ABI Websites and any services provided on the ABI Websites or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the ABI Websites, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
24. Links to Third Party Websites. The ABI Websites may contain (or you may be sent via the ABI Websites) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the ABI Websites or any Third-Party Content posted on, available through, or installed from the ABI Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the ABI Websites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the ABI Websites or relating to any applications you use or install from the ABI Websites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
25. Links to Websites, Content, Sharing of Content. Links posted by third parties to the ABI Websites and/or ABI Content may not use the ABI trademark or logo and shall not suggest that ABI promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the ABI Websites shall be the responsibility of the linking party. ABI reserves the right to require any linking party to disable or remove any link that violates ABI's policies, rights or causes interruption or deterioration of ABI Content.
26. Sharing of Content. You may download or copy ABI Content and other downloadable items displayed on the ABI Websites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any ABI Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in the ABI Content.
27. Electronic Communications, Transactions and Signatures. Visiting the ABI Websites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the ABI Websites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE ABI WEBSITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ABI, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "ABI PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ABI WEBSITES OR ABI CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE ABI WEBSITES 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 ABI WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) ABI CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ABI 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.
29. Exclusion of and Limitation of Liability. THE ABI PARTIES SHALL NOT BE LIABLE, AND DISCLAIM 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 ABI WEBSITES AND/OR ANY ABI CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ABI WEBSITES AND/OR ABI 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 ABI WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ABI WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ABI WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE ABI WEBSITES ARISING OUT OF CAUSES BEYOND ABI'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE ABI CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ABI WEBSITES (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 ABI WEBSITES OR ABI CONTENT.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE ABI WEBSITES AND/OR THE ABI CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE ABI WEBSITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT ABI HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
30. 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 ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ABI'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
31. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ABI Parties from and against all claims arising from or in any way related to your use of the ABI Websites and/or ABI Content, a violation by you of these Terms of Use, or any other actions connected with your use of the ABI Websites and/or ABI Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. ABI will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ABI Parties other than under this Section.
32. Term and Termination. These Terms of Use will take effect at the time you begin using the ABI Websites. ABI reserves the right, with or without notice, at any time and for any reason to deny you access to the ABI Websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the ABI Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the ABI Websites, including any ABI Content, in your possession. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
33. We reserve the right, but not the obligation, to: (1) monitor the ABI Websites for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the ABI Websites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the ABI Websites in a manner designed to protect our rights and property and to facilitate the proper functioning of the ABI Websites.
34. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Alexandria, VA. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Virginia and/or the United States District Court for the Virginia Eastern District shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. ABI reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
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 the United States District Court for the Virginia Eastern District or any State of court located in Virginia.
35. Governing Law. These Terms of Use and all matters regarding your use of the ABI Websites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Virginia, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
36. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
37. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the ABI relating to the ABI Websites and its use by you, and supersedes any previous written or oral communication regarding use of the ABI Websites. The ABI Websites are intended to be consistent with and in furtherance of the ABI's policies adopted by the ABI Board of Directors.
38. Contact Information. If you have any questions or concerns regarding these Terms of Use or the ABI Websites, please contact us at [email protected].
39. 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 ABI Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
40. Use of Websites and Content outside of the United States. ABI makes no claims regarding access or use of the ABI Websites or the ABI Content outside of the United States. If you use or access the ABI Websites or the ABI Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
41. We cannot guarantee the ABI Websites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the ABI Websites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the ABI Websites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the ABI Websites during any downtime or discontinuance of the ABI Websites. Nothing in these Terms of Use will be construed to obligate us to maintain and support the ABI Websites or to supply any corrections, updates, or releases in connection therewith.
42. Other Terms of Use/Services. On sites not operated by the ABI, you are also subject to the Terms of Service (TOS) of that host site. Information (comments, photos, videos, etc.) you share with or post to ABI social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website TOS.
43. California Users and Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
44. Miscellaneous. These Terms of Use and any policies or operating rules posted by us on the ABI Websites or in respect to the ABI Websites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the ABI Websites. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
45. Contact us. In order to resolve a complaint regarding the ABI Websites or to receive further information regarding use of the ABI Websites, please contact us at:
American Bankruptcy Institute
99 Canal Center Plaza, Suite 200
Alexandria, VA 22314
United States
Phone: 7037390800
[email protected]
This Terms of Use is subject to amendment or modification at any time.
Revised April 1, 2020.