AGREEMENT BETWEEN USER AND ASSOCIATED BUILDERS AND CONTRACTORS (ABC National)
The ABC National website is comprised of various web pages operated by ABC National. The ABC National website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ABC National website constitutes your agreement to all such terms, conditions, and notices.
ABC National reserves the right to change the terms, conditions, and notices under which the ABC National website is offered, including but not limited to the charges associated with the use of the ABC National website.
LINKS TO THIRD PARTY SITES
The ABC National website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ABC National and ABC National is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABC National is not responsible for webcasting or any other form of transmission received from any Linked Site. ABC National is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABC National of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ABC National website, you warrant to ABC National that you will not use the ABC National website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ABC National website in any manner which could damage, disable, overburden, or impair the ABC National website or interfere with any other party's use and enjoyment of the ABC National website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ABC National websites.
USE OF COMMUNICATION SERVICES
The ABC National website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
ABC National has no obligation to monitor the Communication Services. However, ABC National reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ABC National reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ABC National reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ABC National's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ABC National does not control or endorse the content, messages or information found in any Communication Service and, therefore, ABC National specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ABC National spokespersons, and their views do not necessarily reflect those of ABC National.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ABC National OR POSTED AT ANY ABC National WEBSITE
ABC National does not claim ownership of the materials you provide to ABC National (including feedback and suggestions) or post, upload, input or submit to any ABC National website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ABC National, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ABC National is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ABC National's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the ABC National website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ABC National and/or its suppliers may make improvements and/or changes in the ABC National website at any time. Advice received via the ABC National website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
ABC National and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the ABC National website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. ABC National and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
ABC National reserves the right, in its sole discretion, to terminate your access to the ABC National website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Washington, D.C., U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Washington, D.C., U.S.A. in all disputes arising out of or relating to the use of the ABC National website. Use of the ABC National website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABC National as a result of this agreement or use of the ABC National website. ABC National's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ABC National's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ABC National website or information provided to or gathered by ABC National with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ABC National with respect to the ABC National website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ABC National with respect to the ABC National website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the ABC National website are: Copyright 2021 by Associated Builders and Contractors, Inc. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
ASSOCIATED BUILDERS & CONTRACTORS DMCA COPYRIGHT INFRINGEMENT POLICY AND TAKE DOWN PROCEDURES:
Associated Builders & Contractors (ABC) does not tolerate the posting of any materials which violates the copyrights, trademark, rights of privacy or publicity or are defamatory, obscene or otherwise inappropriate. ABC reserves the right in its sole discretion to remove such work and will not be liable to user in any manner for the removal.
Upon notice of its infringing nature. (“we”) have established the following procedure for notice and removal of infringing material for users of abc.org and its microsites, in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”):
If a user of abc.org and its microsites has a good faith belief that their work has been copied, reproduced, displayed, or published on abc.org and its microsites in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated, said user can submit a Notice of Claimed Infringement to our designated agent registered at the U.S. Copyright Office for receipt of such notices, by providing such agent with the following information:
• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• identification or description of the copyrighted work or other intellectual property that they claim has been infringed (and, if not copyright, the specific type of intellectual property asset infringed (trademark, patent, trade secret, etc.);
• identification or description of where the material that they claim is infringing is located on abc.org and its microsites, with enough detail that we may find it on abc.org and its microsites;
• user’s address, telephone number, and email address;
• a statement by user that they have a good faith belief that the use of the identified material is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by user, made under penalty of perjury, that the information in their notice is accurate and that they are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that a user’s Notice of Claimed Infringement must contain all of the above elements to be valid.
Our agent designated to receive notices of copyright or other intellectual property infringement may be contacted as follows:
By Mail: 440 1st Street NW, Suite 200, Washington DC 20001
By Phone: (202) 595-1952
We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or violate the intellectual property rights of others. We will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, we will treat the underlying DMCA notice as withdrawn.
We reserve the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding the intellectual property rights of others, as determined in our discretion.