Terms and conditions of use


By accessing or using our Internet property you agree to comply with and be bound by these Terms and Conditions of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the ACBA’s Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the ACBA websites.

  1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the ACBA website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the ACBA websites and the ACBA Content (as defined below) for your noncommercial personal use and for no other purpose. The ACBA reserves the right to bar, restrict or suspend any user’s access to the ACBA websites, and/or to terminate this license at any time for any reason. The ACBA reserves any rights not explicitly granted in these Terms of Use.
  2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the ACBA’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the ACBA website, any ACBA Content (as defined below), or any portion thereof. Further, you may not (i) use the ACBA website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the ACBA website, including ACBA Content; (ii) interfere with the proper working of the ACBA website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the ACBA websites
  3. Your Acceptance; Revisions to Terms of Use. The ACBA website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the ACBA regarding your use and access to the ACBA website. By using the ACBA websites you agree to the Terms of Use.

The ACBA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the ACBA website. Your use of the ACBA website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the ACBA website. No revision to these Terms of Use, including to the Arbitration provision set forth below, shall apply to a controversy or claim of which the ACBA had actual notice on or before the date of any such revision.

  1. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the ACBA website and not interfere with the use and enjoyment of the ACBA website by other users or with the ACBA’s operation and management of the ACBA website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ACBA website, including, without limitation, information required to be provided through an ACBA registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the ACBA reserves the right to terminate your access and use of the ACBA website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ACBA website, or defame or otherwise harm any party, including the ACBA, through your use of the ACBA website.
  2. Proprietary Rights. The content of the ACBA website includes, without limitation, (i) the ACBA’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “ACBA Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the ACBA website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “ACBA Content”). ACBA Content is the property of the ACBA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any ACBA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the ACBA or the owner of such content if the ACBA is not the owner. Any use of the ACBA Marks without the ACBA’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the ACBA Content, including any such notices appearing on any ACBA Content you are permitted to download, transmit, display, print, or reproduce from the ACBA websites.
  3. Responsibility for Use of the Internet and the ACBA websites. Use of the Internet and the ACBA website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The ACBA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ACBA website over the Internet or other communication network. The ACBA shall not be obligated to correct or update the ACBA website, the ACBA Content or the User-Generated Content and the ACBA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the ACBA website.
  4. Medical Disclaimer. The ACBA Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
  5. Links to the ACBA website and ACBA Content. Links posted by third parties to the ACBA website and/or ACBA Content may not use the ACBA trademark or logo and shall not suggest that the ACBA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the ACBA website shall be the responsibility of the linking party. The ACBA reserves the right to require any linking party to disable or remove any link that violates the ACBA’s rights or causes interruption or deterioration of ACBA Content.
  6. Warranties Disclaimed. THE ACBA WEBSITE AND ACBA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ACBA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “ACBA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ACBA WEBSITE OR ACBA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE ACBA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACBA WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) ACBA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ACBA WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
  7. Limitation of Liability. THE ACBA SHALL NOT BE LIABLE, AND DISCLAIMS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE ACBA WEBSITE AND/OR ANY ACBA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ACBA WEBSITES AND/OR ACBA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE ACBA WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ACBA WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACBA WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE ACBA WEBSITE ARISING OUT OF CAUSES BEYOND THE ACBA’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE ACBA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ACBA WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE ACBA WEBSITE OR ACBA CONTENT.
    In the event you are dissatisfied with, or dispute, these Terms of Use, the ACBA website and/or the ACBA Content, your sole right and exclusive remedy is to terminate your use of the ACBA websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the ACBA has no other obligation, liability or responsibility to you or any other party.
  8. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ACBA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  9. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ACBA from and against all claims arising from or in any way related to your use of the ACBA website and/or ACBA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the ACBA websites and/or ACBA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The ACBA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ACBA other than under this Section.
  10. Term and Termination. These Terms of Use will take effect at the time you begin using the ACBA website. The ACBA reserves the right, with or without notice, at any time and for any reason to deny you access to the ACBA website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the ACBA website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the ACBA website, including any ACBA Content, in your possession.
  11. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Washington, DC. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the District of Columbia and/or the United States District Court for the District of Columbia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The ACBA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in a court identified herein.

  1. Governing Law. These Terms of Use and all matters regarding your use of the ACBA websites shall be governed by, construed in accordance with, and enforced under the laws of the District of Columbia made and executed and wholly performed therein, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
  2. Waiver and Severability. The failure of the ACBA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
  3. Complete Agreement. These Terms of Use constitute the entire agreement between you and the ACBA relating to the ACBA website and its use by you, and supersedes any previous written or oral communication regarding use of the ACBA website
  4. Questions. If you have any questions or concerns regarding these Terms of Use or the ACBA websites, please contact us.
  5. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ACBA website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  6. Use of ACBA website and ACBA Content outside of the United States. The ACBA makes no claims regarding access or use of the ACBA websites or the ACBA Content outside of the United States. If you use or access the ACBA website or the ACBA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.