These Terms of Use ("Terms") govern your use of our App (ABN Live!) and related website (the "Site"), so please read them carefully. Your access to and continued use of the App constitutes your acceptance of the Terms. WE RESERVE THE RIGHT TO CHANGE THE TERMS FROM TIME TO TIME AND YOUR CONTINUED USE OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. WE RESERVE THE RIGHT FOR ANY REASON OR FOR NO REASON TO TERMINATE YOUR RIGHT TO USE THE APP OR ACCESS THE SITE.
Subject to the Terms, ABN grants to you a limited, revocable, nonexclusive, nontransferable license to use the App for lawfully communicating with customers of your dealership. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree not to:
The App provides the functionality to take or upload a photograph of your customers ("Photos"). If you post, communicate, or otherwise deliver any Photos to us you agree to the following conditions:
You grant to us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use the Photos however ABN desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Photos and/or incorporate such Photos into any advertisement, publicity, form, medium or technology throughout the world. ABN will use the Photos in a manner that respects applicable privacy laws.
You grant us permission to monitor, edit, and if necessary, delete Photos from our websites and systems.
You grant us permission on your behalf, but we have no obligation, to enforce US and other intellectual property laws with respect to misuse of Photos you have provided to us.
You agree that we may (but are not obligated to) filter any material you submit using the App ("User Submitted Materials" including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
You acknowledge that you are entirely responsible for Photos you provide to us, which means you represent to us that you and we have the right to provide the Photos to us for any use provided in these Terms. For example, you did not obtain the Photo of a third party without that third party’s consent and without notifying the third party how the Photo will be used, and you have otherwise complied with privacy laws that apply to you or your dealership in taking and providing the Photos to ABN.
You agree not to provide any Photos that (1) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or other intellectual property rights of any person or entity, (2) contain or transmit a virus or any other harmful component or (3) are pornographic, obscene, offensive, harassing or unlawful.
You agree not to use the e-mail address of individuals in the Photos ("recipients") for any purpose except sending the Photo to them through the ABN App, and in particular that you will not use the e-mail address of the recipients to send the recipient further or other e-mails except in full compliance with anti-spam laws that apply to you or your dealership.
Without limiting the generality of the foregoing, you represent and warrant that you have the right to provide the Photos to ABN for ABN’s use as set forth in this Section. You may use the Photos for your lawful business purposes, but you are solely responsible for acquiring any rights you may need to use the Photos for you own purposes.
Disclaimer of Warranties; Use of the App
WE DO NOT WARRANT OR PROMISE THAT THE APP WILL OPERATE ERROR-FREE. YOUR USE OF THE APP IS ON AN "AS IS" BASIS, AT YOUR OWN RISK, AND WE DO NOT MAKE, AND WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE APP.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "ABN PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE ABN PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE ABN PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE ABN PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU OR $1,000, WHICHEVER IS MORE.
The App is protected by copyright under both United States, Canadian and foreign laws. Title to the App remains with ABN or its licensors. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. The App and features are subject to change or termination without notice in the editorial discretion of ABN. All rights not expressly granted herein are reserved to ABN and our licensors.
ABN shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the App including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the App. You agree that access to the App is provided on an "as is" basis. If you are dissatisfied with the App, your sole and exclusive remedy is to discontinue using the App.
ABN does not guarantee or warrant that the App will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches.
Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet e-mail and review postings are or may become vulnerable to interception and forging. ABN will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to ABN through the Internet, or that you expressly or implicitly authorize ABN to make, or for any errors, data corruption or any changes made to any transmitted information.
Indemnification
By using the App, you agree to indemnify, defend and hold ABN, and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your use of the App, your violation of these terms and conditions, or your violation of any rights of another and our use of photos you provide as described above. You are responsible for maintaining the security of your user name and password and you are responsible for all acts that occur through the use of your user name and password.
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Duval, Florida, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: support@abnetwork.com.
The ABN Team