Statement of Rights & Responsibilities
Because ABG provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a product or service.
To the extent those supplemental terms conflict with this Statement, the supplemental terms associated with the product or service govern with respect to your use of such product or service to the extent of the conflict.
Your privacy is very important to us. We designed this Statement to make important disclosures about how you can use ABG to share with others and how we collect and can use your content and information. We encourage you to read entire Statement, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on the ABG website. In addition:
1. When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
2. We always appreciate your feedback or other suggestions about ABG, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep the ABG website safe, but we cannot guarantee it. We need your help to keep ABG safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on ABG.
2. You will not collect users’ content or information, or otherwise access ABG, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on ABG.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not use ABG to do anything unlawful, misleading, malicious, or discriminatory.
7. You will not do anything that could disable, overburden, or impair the proper working or appearance of ABG, such as a denial of service attack or interference with page rendering or other ABG functionality.
8 You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
ABG users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on ABG, or create an account for anyone other than yourself without permission.
2. You will not create more than one account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use ABG if you are under 13.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on ABG that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on ABG if we believe that it violates this Statement or our policies.
6. About Advertisements and Other Commercial Content Served or Enhanced by ABG
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. We do not give your content or information to advertisers without your consent.
7. Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
2. Your continued use of the ABG Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or ABG exclusively in the U.S. District Court in Arizona or a state court located in Maricopa County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Arizona will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on ABG, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on ABG and are not responsible for the content or information users transmit or share on ABG. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ABG. We are not responsible for the conduct, whether online or offline, of any user of ABG.
3. WE TRY TO KEEP ABG UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ABG AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ABG WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ABG WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ABG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ABG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ABG WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ABG’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
1. By “ABG” or” ABG Services” we mean the features and services we make available, including through (a) our website at www.ABG.com and any other ABG branded ABG reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from ABG or provide data to us.
3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with ABG.
4. By “content” we mean anything you or other users provide or share using ABG Services.
5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from ABG or provide to ABG through Platform.
6. By “post” we mean post on ABG or otherwise make available by using ABG.
7. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and ABG, Inc. References to “us,” “we,” and “our” mean ABG, Inc., as appropriate.
2. This Statement makes up the entire agreement between the parties regarding ABG, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.You will comply with all applicable laws when using or accessing ABG.