ABA Website Statement, Policies, and Agreement

ABA Website Statement, Policies, and Agreement

All ABA web site and forum users are subject to the following policies and conditions for the use of www.BookWeb.org. Please read them carefully. Also read the Privacy Policy, which is incorporated by this reference into this document.
 
ABA Web Site Terms of Use and Forum Agreement
This Terms of Use and Forum Agreement (“Terms of Use”) governs the American Booksellers Association (“ABA” or “we,” “our” or “us”) web site located at www.bookweb.org (“ABA Site”), which includes the ABA Forum web site (“ABA Forum Site”) located on the ABA Site. Jointly, the ABA Site and ABA Forum Site (the Book Buyer’s Handbook) shall be referred to as “ABA Sites”. By accessing the ABA Sites, you agree to be bound by the following Terms of Use. All users of the ABA Sites should read and understand these Terms of Use. If you do not agree to these Terms of Use, please do not use the ABA Sites.

 

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against ABA on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. 

You understand and agree that the ABA Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the ABA Sites or any other client software. The opinions expressed on the ABA Sites are not necessarily the opinions of us and may or may not be factually accurate. We also reserve the right to modify, suspend or discontinue the ABA Sites with or without notice at any time and without any liability to you.

Changes to Terms of Use

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. When we do update the Terms of Use, we will also updated the “last updated” date at the bottom of this page. You are responsible for checking these terms periodically for changes. If you continue to use the ABA Sites after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

Use and Ownership of Content

The ABA Sites contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound (“Content”). ABA or other individuals or entities may own this Content. You may use the ABA Sites and the Content offered on the ABA Sites only for your own, non-commercial purposes, unless otherwise specifically permitted by the ABA. You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works, or in any way exploit the Content of the ABA Sites or any portion of them, unless otherwise specifically permitted by the ABA. You may use Content offered for downloading, subject to the rules that accompany that particular Content. For example, use of the materials available for download on the “Designs & Downloads” section of the ABA Sites is subject to your acceptance of the ABA Member IndieBound Materials License Agreement. In the event of any permitted copying, redistribution or publication of material from the ABA Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. 

You acknowledge that you do not acquire any ownership rights by downloading any copyrighted Content from the ABA Sites.  You are, instead, being granted a limited, revocable, non-exclusive, non-transferable license to use the Content.  Without our prior written consent, you may not: (i) use any data or password mining, robots, or similar data gathering and extraction tools on the Content; (ii) frame any portion of the ABA Sites or Content; or (iii) reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content, unless the ABA sites specifically permit such actions for the Content at issue. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction, distribution, or republication of the Content.

Certain areas of the ABA Sites, such as the ABA Forum Site, may allow you to post your own content, including information, software or other material (“User-Generated Content”), which can be accessed and viewed by others, including the public in general. You may only post User-Generated Content to public areas that you created or that you have permission to post. You may not post any User-Generated Content that violates these Terms of Use.

By uploading Content onto the ABA Sites, you warrant and represents that you own the copyright, trademark or other proprietary right in such information, software, or other material, or have received permission from the person or entity who owns such rights. You shall not upload, post or otherwise make available on the ABA Sites any User-Generated Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

License Grant

By submitting or otherwise posting User-Generated Content to public areas of the ABA Sites, you hereby, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grant to us and our affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-Generated Content, including any message or any e-mail sent by you to us or posted on the ABA Sites (in whole or in part), and/or to incorporate it in other works in any form, media or technology now known or later developed without approval, further compensation, or the need to attribute authorship. You further grant ABA the right to sublicense, transfer or assign the rights granted herein through multiple tiers of sublicenses. 

Policy on Proper Use of ABA Sites

You agree that you are responsible for your own use of the ABA Sites, for any posts you make, for any content you upload, and for any consequences thereof. You agree that you will use the ABA Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Use and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the ABA Sites in order to: (i) determine whether a violation of these Terms of Use has occurred; or (ii) comply with any applicable law, regulation, legal process or governmental request.

The ABA Forum Site is for ABA bookstore members only. You may not grant access to the ABA Forum Site in any manner to any non-ABA bookstore member. ABA does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by users of the ABA Forum Site or otherwise endorse any opinions expressed by users of the ABA Forum Site. You acknowledge that any reliance on material posted by other users of the ABA Forum Site will be at your own risk.

You may use the ABA Sites for lawful purposes only. You may not submit or transmit through the ABA Sites any material or otherwise engage in any conduct that:

A. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

B. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;

C. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

D. impersonates any person, business or entity, including us and our employees and agents;

E. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

F. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

G. disrupts the normal flow of dialogue or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);

H. violates any law or any ABA standard, policy and procedure, including the ABA antitrust compliance policy;

I. describes a pyramid scheme or is a chain letter; or

J. violates these Terms of Use, guidelines or any policy posted on the ABA Sites, or interferes with the use of the ABA Sites by others.

In addition, ABA urges its members to carefully consider any statements about, or concerning the actions of, other organizations, booksellers, suppliers, sellers, or publishers; and not to make any disparaging, defamatory, anticompetitive, or similar statements in such regard.

You may not use the ABA Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the ABA Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Commercial solicitation or advertising may be posted on or transmitted through the ABA Forum Site but only with our express prior written approval and only if the advertising or commercial solicitation complies with all conditions imposed by us. ABA reserves the right, in its sole discretion, to remove any posts that it deems to be advertising or commercial solicitation in violation of these Terms of Use.

ABA reserves the right to expel users and prevent their further access to the ABA Sites for violating these Terms of Use.

User Accounts

Certain portions of the ABA Sites may require you to register for a user account with ABA. If you choose to create a user account, you will be asked to select a user name and a password as part of the registration process. You may not (i) select or use a user name or e-mail address of another person with the intention of impersonating that person; (ii) use a user name or e-mail address of anyone else without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a user name that we consider to be offensive.

You agree that you are responsible for all statements made, and acts or omissions that occur, on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests. 

Children

The ABA Sites are not intended for use by persons under the age of 13.  By accessing and using the ABA Site, you have indicated that you are at least 13 years or age or older.

Monitoring

We shall have the right, but not the obligation, to monitor the content of the ABA Sites to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We shall have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the ABA Sites. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding this right of ours, you shall remain solely responsible for the content of any content, messages, posts or other materials you upload to or publish on the ABA Sites. You acknowledge and agree that neither us nor any of our affiliates or subsidiaries shall assume or have any liability for any action or inaction by us with respect to any conduct within the ABA Sites or any communication transmitted by or posting on the ABA Sites.

Users of the ABA Sites may notify us of information on the ABA Sites that violates these Terms of Use. If notified by a user of User-Generated Content or other communications which allegedly do not conform to these Terms of Use, ABA may, but has no obligation to, investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the User-Generated Content or communication. ABA has no liability or responsibility to users for performance or nonperformance of such activities.

Links to External Sites

The ABA Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the content, goods or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.

No Soliciting

You agree not to use the ABA Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

No Spamming or Spimming

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

No Framing

Without the prior written permission of the ABA, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the ABA Sites, or incorporate any intellectual property of the ABA Sites, the ABA or any of their licensors into another website or other service.

Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the ABA Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement at:

Content Officer
American Booksellers Association
Attn: Terms of Use
333 Westchester Avenue, Suite S202
White Plains, NY 10604
Facsimile Number: (914) 417-4013
Email address: [email protected]

Please provide the following information to our Copyright Agent:

• • a description of the copyrighted work that you claim has been infringed;
• • a description of where the material that you claim is infringing is located on the ABA Sites;
• • your address, telephone number, and email address;
• • 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;
• • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

Privacy

We collect personal information on the ABA Sites, which is subject to the terms of our privacy statement, located at http://www.bookweb.org/about/statement/privacy, which is incorporated by reference into this document.

Disclaimer of Warranties

ABA is providing information and services on the Internet as a benefit and service in furtherance of ABA's non-profit and tax-exempt status. We provide the ABA Sites “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the ABA Sites. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE ABA SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE ABA SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE ABA SITES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ABA SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE ABA SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR FROM ALL LOCATIONS. NOR SHALL ANY ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN ABA REPRESENTATIVE CREATE A WARRANTY.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US RELATED TO USE OF OR ACCESS TO THE ABA SITES IS TO DISCONTINUE YOUR USE OF THE ABA SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE ABA SITES EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD OR, IN THE EVENT THAT YOU HAVE NOT PAID MEMBERSHIP FEES, $500.00. WE AND OUR AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE ABA SITES OR FROM ANY POSTINGS ON THE ABA SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE NEITHER ENDORSE NOR SHALL BE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE ABA SITES BY ANYONE OTHER THAN AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ABA SITES AND/OR ANY POSTINGS OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE ABA SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ABA SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

Antitrust Policy

ABA policy is to scrupulously comply with all antitrust laws. ABA reminds all visitors to the ABA Sites to refrain from any activity that could be construed as a violation of U.S. antitrust laws, including discussion of and exchange of information on the following subjects: prices, terms of sale, costs, discounts, advances, mark-ups, preferences, advertising allowances, plans for dealing with particular customers, suppliers, or competitors, concerted action to refuse to deal with or to boycott certain companies, and marketing plans on a product line or geographic basis and any other discussion topics that could be construed to impose a restraint on trade and inhibit free and fair competition in the bookselling industry.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates and subsidiaries, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the ABA Sites or from any breach of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Choice of Law & Arbitration 

You agree that the laws of the State of New York govern these Terms of Use and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. 

Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the ABA Sites or these Terms of Use shall be submitted to the alternative dispute resolution service, JAMS (www.jamsadr.com), for binding arbitration under its rules then in effect in the New York, New York area, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the ABA Sites, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the ABA Sites waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us.

Modification & Termination

ABA reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the ABA Sites or to block your access to the ABA Sites at any time and without notice, for any reason.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

Waiver & Severability 

Any failure by ABA to exercise or enforce any right under these Terms shall not constitute a waiver of such right. If any portion of these Terms of Use is held to be unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions contained herein.

NO REFUNDS OR EXCHANGES ARE AVAILABLE FOR PURCHASES OR RENEWALS MADE ON THE ABA SITES.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

American Booksellers Association
Attn: Terms of Use
333 Westchester Avenue, Suite S202
White Plains, NY 10604
Facsimile Number: (914) 417-4013
Email address: [email protected]

Terms of Use last updated: May 19, 2016