Website Terms and Conditions
Date of Last Revision: August 29, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of AB PAC and the AB Foundation (together “AB PAC”), located at www.americanbridgepac.org (the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with AB PAC, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and AB PAC for violations of these Terms.
AB PAC reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to [email protected].
You consent to our communicating with you about the Site and AB PAC by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data, and other rates and fees will apply to these communications.
If you subscribe to any text programs that AB PAC makes available, the following terms apply:
(b) Neither AB PAC nor the participating carriers guarantee that messages will be delivered. AB PAC may discontinue the program at any time without notice.
(c) You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.
(d) You acknowledge and agree that you may opt-out of receiving further mobile messages via any opt-out keywords that are universally recognized, including, but not limited to, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT. You acknowledge that any opt-out method not expressly provided in this opt-out provision is unreasonable.
(e) You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the AB PAC logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of AB PAC or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site Materials or any portion thereof, including the Site; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Site Materials (including images, text, page layout or form) of AB PAC; (c) you shall not use any metatags or other “hidden text” using AB PAC’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site Materials. If you wish to license videos or other content or materials from the Site, then you must enter into a separate content license agreement with AB PAC. Contact [email protected] for more information on a licensing agreement.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of AB PAC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
As a part of the Site Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for AB PAC to monitor such materials and that you access these materials at your own risk.
AB PAC, AB PAC FOUNDATION, the AB PAC logos and any other AB PAC product or service names or slogans contained in the Site are trademarks of AB PAC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of American Bridge or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “AB PAC” or any other name, trademark or product or service name of AB PAC without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AB PAC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray AB PAC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an AB PAC logo or other proprietary graphic of AB PAC to link to this Site without the express written permission of AB PAC. Further, you may not use, frame or utilize framing techniques to enclose any AB PAC trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without AB PAC’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright or proprietary right of AB PAC or any third party.
AB PAC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of AB PAC and AB PAC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AB PAC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by AB PAC of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
AB PAC may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. AB PAC does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that AB PAC is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
AB PAC may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. AB PAC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-AB PAC advertisers or third party information on the Site.
You acknowledge and agree that any feedback, questions, content, comments, suggestions, ideas or materials you submit to AB PAC, whether through the Site, by email, regular mail or through other methods, including but not limited to any videos, photographs, audio recordings, written materials, tips, leads, questions, comments, postings, messages, suggestions, ideas, plans, notes, drawings, data or information (the “Submissions”), are non-confidential to you and shall become the sole property of AB PAC. AB PAC shall own exclusive rights in, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of, the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby assign all of your right, title, and interest, including all copyrights, in and to such Submissions to AB PAC, and you agree to take such further actions as AB PAC may reasonably request, at its expense, to evidence and effect such assignment. You also grant AB PAC and its affiliates and sublicensees the right to use the name that you submit in connection with such Submissions, if it chooses. You represent and warrant that (a) you own and control all of the rights in and to the Submissions that you submit or you otherwise have the right to submit such Submissions to AB PAC; (b) all Submissions are accurate and not misleading and were obtained without violating any applicable laws, rules or regulations or any of the conduct rules set forth below; (c) all Submissions fully comply with the Submission Rules set forth below; and (d) neither the Submission nor the use thereof by AB PAC will infringe upon or violate the rights of, or cause any injury to, any person or entity. You may not create, post, store or share any Feedback that violates these Terms
As a condition of your use of the Site, you agree not to use the Site Materials for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) take any action that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) impersonates any person or entity, including any employee or representative of AB PAC; (v) interferes with or attempts to interfere with the proper functioning of the Site Materials or uses the Site Materials in any way not expressly permitted by these Terms; or (vi) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site Materials, including but not limited to violating or attempting to violate any security features of the Site, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Site Materials, introducing viruses, worms, or similar harmful code into the Site Materials, or interfering or attempting to interfere with use of the Site Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site Materials.
Registration Data; Account Security
If you create an account on the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to AB PAC, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to AB PAC.
You agree to defend, indemnify and hold harmless AB PAC, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Submissions or to your conduct on the Site or in connection with obtaining any Submissions, including without limitation any actual or threatened suit, demand or claim made against AB PAC and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Submissions, your conduct, your violation of these Site Terms or your violation of the rights of any third party. AB PAC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AB PAC in asserting any available defenses. This provision does not require you to indemnify any of the AB PAC Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder. You agree that the provisions in this section will survive any termination of your access to the Site Materials.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY AB PAC, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE MATERIAL IS AT YOUR SOLE RISK. AB PAC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. AB PAC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
AB PAC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE AB PAC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, AB PAC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
AB PAC IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.
AB PAC reserves the right to change any and all content contained in the Site and to modify, suspend or discontinue the Site or any Services offered through the Site or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by AB PAC.
Limitation of Liability
YOU UNDERESTAND AND AGREE THAT IN NO EVENT SHALL AB PAC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AB PAC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AB PAC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AB PAC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AB PAC FOR ACCESS TO OR USE OF THE SITE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AB PAC AND YOU.
You hereby release the AB PAC and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site Materials, including but not limited to, any interactions with Third-Party Sites of any kind arising in connection with or as a result of the Terms or your use of the Site Materials. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an AB PAC Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder.
The Site can be accessed from countries around the world and may contain references to services and that are not available in your country. These references do not imply that AB PAC intends to announce such services in your country. AB PAC makes no representations that the Site Materials are appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AB PAC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, AB PAC reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
AB PAC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Site may be directed to AB PAC at [email protected].
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.