Standard Terms and Conditions for the ABAA website
The ABAA maintains this website to provide you with information about the ABAA, its member booksellers, and their products and services. By using this website, you agree that your access to and use of this website or other ABAA services are bound by the following terms and conditions (the “Terms”).
Personal Use Only
The ABAA website and all related services (the “Services”) are available only for your personal, non-commercial use. You may not use the Services to increase traffic to your website for commercial reasons or sell a service or product unless you enter into an agreement with the ABAA describing the terms of your commercial use. You may not “metasearch” any information relating to the Services, including, without limitation, any posted book descriptions. You may not reproduce, distribute, store, broadcast, sell or sublicense information or content included on the website without obtaining prior written consent of an authorized representative of the ABAA. The ABAA reserves all rights not granted herein, including all copyrights.
Please contact the ABAA if you are interested in entering into an agreement with the ABAA regarding your potential commercial use of the Services.
This website may contain links to other websites. The ABAA is not responsible for the content of such other websites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on other websites. The ABAA does not screen the links included in the Services and the linked websites are maintained by persons over whom the ABAA exercises no control. Use of the Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search or link will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search or link pursuant to the Services.
The ABAA provides the links as a convenience to you and the existence of the links on this website does not imply that the ABAA approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with the ABAA.
The ABAA may modify or terminate the Services for any reason, and without notice, without any liability to you, any other user or any third party. The ABAA reserves the right to modify the Terms from time to time without notice. By accessing this web site or using the Services after any changes to the Terms have been posted thereon, you will be deemed to have consented to all such changes. Please review the Terms from time to time so that you will be aware of any changes.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this website are registered and unregistered marks of the ABAA and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark, without the written permission of the ABAA. The ABAA enforces its intellectual property rights to the fullest extent of the law. ABAA Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior, written permission.
You are responsible for the accuracy and truthfulness of any information, including but not limited to Reviews, remarks, suggestions, ideas, graphics or other submitted content, communicated to the ABAA by you through this website or the Services, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided). You may not post material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person’s privacy, infringes another person’s intellectual property rights, or otherwise violates any law or regulation.
The ABAA does not endorse the accuracy or reliability of, and is not responsible for, any statement, opinion, recommendation or any other submitted content, including, without limitation.
You acknowledge that the all information and content on the website and any intellectual property rights embodied therein are the property of the ABAA, its members, affiliates or its information providers. The website is subject to protection of intellectual property laws of Canada and the United States of America and all other jurisdictions and was created, compiled, prepared, selected and arranged by the ABAA through the expenditure of substantial effort and resources. This website constitutes valuable property of the ABAA.
You agree to defend, indemnify, and hold harmless the ABAA, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney’s fees, relating to or arising out of any breach of this agreement or any use of the Services by you, or by another person using the Services through you or using your computer.
Disclaimer of Warranties
The ABAA disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed as a result of the Services. The ABAA disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The ABAA disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through use of the Services. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE ABAA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ABAA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE ABAA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. THE ABAA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE ABAA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE ABAA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall the ABAA or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Choice of Law
These terms and conditions shall be governed in all respects in accordance with the laws of the State of New York without regard to the conflict or choice of law rules thereof. The courts of the state of New York shall have exclusive jurisdiction over any dispute arising hereunder. If for any reason a court of competent jurisdiction finds any provisions or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.