Terms of Use

Last Revised: December 12, 2022

Thank you for visiting the website (the “site”) for ABS (“Company” or “we” or “our”). By using the Website, you agree to be legally bound by these Terms of Use and any other terms and conditions cross-referenced in this document including, but not limited to, the processing of your personal data in accordance with our Privacy Policy

PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU SHOULD NOT ACCESS THIS SITE. PLEASE SAVE AND/OR PRINT A COPY OF THESE TERMS OF USE AND OUR PRIVACY POLICY FOR YOUR FUTURE REFERENCE. WE RESERVE THE RIGHT TO CHANGE OUR POLICIES AS NEEDED. CHANGES WILL BE PUBLISHED ON OUR WEBSITE. EACH USE OF OUR WEBSITE IS SUBJECT TO THE THEN CURRENT TERMS OF USE AND PRIVACY POLICY. THE DATE AT THE TOP OF THIS WEBPAGE INDICATES WHEN THESE TERMS OF USE WERE LAST UPDATED.

LICENSE AND ACCESS

You agree not to:

Use or access the Website for any fraudulent or unlawful purpose;

Use or access the Website to impersonate any person or entity;

Interfere with or disrupt the operation of the Website or access to it;

Transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;

Restrict or inhibit the ability of any other person to access or use the Website;

Modify, adapt or translate any portion of the Website;

Remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the Website.

Except as expressly provided in these Terms of Use, the Website is made available to you on an “as is” basis. You also acknowledge and agree that the operation of this Website is dependent upon the proper and effective functioning of the internet and other third-party equipment and services, and that we do not guarantee and will not be liable for these in any way. We disclaim and do not accept any liability to you in respect of the Website, your use of it or otherwise. It is your responsibility to ensure that the Website is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the Website in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms. We will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill. To the extent that a jurisdiction does not permit such a disclaimer/exclusion, all other provisions in these Terms of Use shall remain in full force and effect.

 

THIRD PARTY CONSENT

From time to time, the Website may include links to third-party websites. These links are provided for your convenience only and do not signify that we endorse such third-party websites. We do not review such third-party websites and you acknowledge and agree that:

We are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control their content or availability;

We make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and

If you access any such websites, you do so entirely at its own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEB SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE WEB SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. INSPITE OF OUR BEST ENDEAVOURS, THERE IS NO WARRANTY ON BEHALF OF OUR COMPANY THAT THIS WEB SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF WE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. WE EXPRESSLY DISCLAIMS ANY OBLIGATION(S) TO UPDATE THIS WEBSITE OR ANY OF THE MATERIALS ON THIS WEBSITE. WE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE. WE MAY MAKE ANY OTHER CHANGES TO THE WEB SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE. THIS WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS TECHNICAL ADVICE OF ANY MANNER.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees arising out of or relating to your access to, or use of, the Site, or your violation or alleged violation of these Terms of Service or the Privacy Policy.

DISPUTES AND APPLICABLE LAW

All matters relating to your access to, and use of, the Website and Content provided on or through or uploaded of the Site shall be governed by U.S. federal law or the laws of the State of Ohio. Any legal action or proceeding relating to your access to, or use of, the Website or Content shall be instituted in a state or federal court in Dayton, Montgomery County, Ohio. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.