ABCO Privacy Statement
The ABCO is the sole owner and operator of this Web site. ABCO does not collect personal information about you without your knowledge. If you choose to provide information on the Web site through site registration, surveys or forms, including the submission of your application for credentialing and your registration for a username and password, that information becomes the property of the ABCO. We reserve the right to resell or distribute any information about you to business partners or other organizations for their own marketing or sales use.
In some instances, the ABCO Web server may use “cookies” to provide you with better experiences while visiting our site. Cookies simply allow our Web server to recognize you when you access the Web site. They are very small text files that are placed on your hard drive (with your permission). Cookies cannot be executed as code or deliver viruses to your computer. The file is uniquely yours and can only be read by our server.
Technical and legal circumstances beyond our control could prevent the Website from ensuring that your information will never be disclosed. For example, among other things, we may be required by law or court order to disclose information to government representatives or third parties under certain circumstances. If the requested by law enforcement officials or judicial authorities to provide information on individuals, we may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, we may use or disclose your personal information without your consent or court process. Unauthorized parties may unlawfully intercept or access transmissions despite commercially reasonable security efforts. No website is 100% secure. Further, corporate restructurings, sale of assets, merger, divestiture and other changes of control or financial status affecting the Website may require disclosure as an incidental result of a transfer of assets by operation of law or otherwise. Therefore, we cannot promise, and you should not expect, that your private information shall remain private under all circumstances and you shall not hold the us liable for our failure to do so.
The ABCO Website uses commercially reasonable efforts to ensure the security of your personal information, but no method of transmitting or storing electronic data is ever completely secure, and the ABCO cannot guarantee that your information will never be accessed, used, or released in a manner that is inconsistent with this policy.
Notification of Changes
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE ABCO WEBSITE ARE AT YOUR SOLE RISK. THE ABCO WEBSITE IS AND ITS ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ABCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ABCO SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE ABCO SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ABCO SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ABCO WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE ABCO SERVICES OR PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ABCO SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABCO OR THROUGH OR FROM THE ABCO WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ABCO WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ABCO WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ABCO WEBSITE OR PRODUCTS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ABCO WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE ABCO.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold ABCO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ABCO Website or any materials you submit, post, transmit, modify or otherwise make available through the ABCO or this Website, your use of the ABCO Products or Services, your violation of the TOS, or your violation of any rights of another.
NO UNAUTHORIZED COMMERCIAL REUSE OF ABCO SERVICES OR PRODUCTS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the ABCO (including Content, advertisements, and your ABCO username or account).
Entire Agreement. This constitutes the entire agreement between you and ABCO and governs your use of the ABCO and ABCO Website, superseding any prior version of this Agreement between you and ABCO with respect to the ABCO. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ABCO services or Products.
Choice of Law and Forum. You and ABCO each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the any Agreement or the relationship between you and ABCO, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California, which courts shall be the sole and exclusive jurisdiction and venue for any legal action between You and ABCO. You and ABCO agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms.
The failure of ABCO to exercise or enforce any right or provision of the their Agreement with You shall not constitute a waiver of such right or provision. If any provision of the the Agreement between You and ABCO is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement(s) remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ABCO account is non-transferable and any rights to your ABCO username or Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ABCO services or products must be filed within one (1) year after such claim or cause of action arose or be forever barred.