THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ALLIED BEAUTY EXPERTS, (“ABE”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT WWW.ALLIEDBEAUTYEXPERTS.NET, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”), THE ABE MOBILE APPLICATION (THE “APP”), AND ALL SOFTWARE, SERVICES, OR CONTENT ASSOCIATED WITH THE APP OR SITE (COLLECTIVELY, THE “SERVICES”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” OR “APP” INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE AND APP, AND REFERENCE TO THE APP ALSO INCLUDE ANY SOFTWARE THAT ABE PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE APP FROM A MOBILE DEVICE. BY USING THIS SITE, THE APP OR THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, THE APP, ANY OF THE SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE APP OR SITE. IF YOU ARE USING THE APP OR SITE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS.
The words “you,” “your,” “user” or “member,” whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site, App or any Services, for any reason.
Age. Users must be at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside in order to use the App, the Site and the Services. By using the App, the Site or the Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms. Compliance with Law. You also represent that you will use the Site, App and Services in a manner consistent with any and all applicable laws and regulations Availability. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by ABE and/or its affiliates. Termination. ABE may terminate these Terms and your use of the Site, App and Services without notice if we, in our sole discretion, believe that you are less than 18 years old, or have otherwise violated the Terms.
ABE provides content and Services through the Site and App that are the copyrighted and/or trademarked work of ABE or ABE’s third-party licensors and suppliers or other users of the Site or App (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. ABE hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site, the App and the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site, the App, the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, the App, the Services or the Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site, the App and Services.
You may be able to view portions of the Site and App, without registering with ABE as a registered user. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site or App, you must register at the Site for an account and receive a password, and must also choose a subscription level (see “Subscriptions” section below for more information). You can register with us at the Site, or while using our App; once you have registered, your username and password can be used at the Site or in the App. Please note that the Services available to you may also vary depending upon your Subscription level.
Password-Restricted Areas of Site and Use of the Services.You are responsible for maintaining the confidentiality of your ABE password (“Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify ABE if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on the Site or the App, or if you know of any other breach of security in relation to the Site or the App. All the information that you provide when registering for an account and otherwise through the Site or App must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account at the Site and making the desired changes to your account information.
By registering for an account with ABE, you become a “Member” with access to certain password-restricted areas of the Site or App and certain Services and Materials offered on and through the Site or App (a “Subscription”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars. All Membership fees are non-refundable under any circumstances. We offer different Subscription options. Our current Subscription options and fees are posted here. The fee that we will charge you for your Subscription will be the price posted on the Site on the date that you register as a Member. ABE reserves the right to change prices for Subscriptions at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases. You may pay for your Membership fee with an electronic check or credit and debit card payments (Visa, MasterCard, American Express). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period).
IMPORTANT NOTICE: ABE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD EXPIRES (THE “RENEWAL DATE”), AND ABE WILL CHARGE YOUR CHECKING ACCOUNT, CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERSHIP FEE PAYMENT ON THE RENEWAL DATE, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE OR UNLESS YOU DISABLE THE AUTO-RENEWAL FUNCTION (SEE BELOW FOR INSTRUCTIONS ON HOW TO DISABLE AUTO-RENEWAL OF SUBSCRIPTIONS). IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD OR A DISCOUNTED SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD OR DISCOUNTED SUBSCRIPTION TERM, ABE WILL, AUTOMATICALLY CHARGE YOU THE SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL OR DISCOUNT SUBSCRIPTION PERIOD. DISCOUNTED SUBSCRIPTIONS AND FREE-TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE FREE-TRIAL OR DISCOUNTED SUBSCRIPTION.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING INSURANCE@BEAUTYEXPERTS.NET FOR ASSISTANCE, PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. ABE REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Member, and you authorize ABE to charge your bank account, credit or debit card for any such applicable taxes.ABE reserves the right to modify pricing at any time. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your membership subscription will auto-renew at the price indicated on our website.
You may choose to turn off the auto-renew function by logging in at the Site and visiting your profile page or email email@example.com for assistance.
In addition to Subscriptions, we may make certain products and services available to Users. You may only order products or services if you are domiciled in the United States. If applicable, you agree to pay all fees or charges to your account based on ABE’s fees, charges, and billing terms in effect on the day you make your purchase. If you do not pay on time or if ABE cannot charge your credit card or other available payment method for any reason, ABE reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that ABE is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other available payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that ABE may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. All fees paid to ABE are non-refundable.
By using the Site, the App and/or the Services, you consent to receiving electronic communications from ABE. These electronic communications may include information about ABE’ Services and features of the Site and App, notices about applicable fees and charges, transactional information and other information concerning or related to the Site, the App and/or Services. These electronic communications are part of your relationship with ABE. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links to Third Party Sites.
Third Party Content.
Certain information and other content that are not User Content (defined below) may be provided by third party licensors and suppliers to ABE (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ABE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site, the App and/or the Services (each a “Submission”). You may not upload, post or otherwise make available on the Site or the App any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
When using the Site, the App and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Use any false or inaccurate information for purposes of registering as a user of the Site and/or the App;
- Delete or revise any material or other information of any other user or the Site or the App, or otherwise alter the opinions or comments posted by others on the Site or the App.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site or the App.
- Use the Site, the App, the Services or the Materials for any commercial or pecuniary purpose.
- Use the Site or the App in any manner that is harmful to others.
- Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, the App, the Services, or the Materials.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or the App.
- Remove any copyright, trademark or other proprietary rights notice from the Site or the App or materials originating from the Site or the App.
- Frame or mirror any part of the Site or the App without ABE’s prior written consent.
- Create a database by systematically downloading and storing any App content.
- Use the Site or the App in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or in a manner that is inappropriate, harmful or offensive.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or may otherwise harm, disrupt or overburden the Site or the App.
This list of prohibitions provides examples and is not complete or exclusive. ABE reserves the right to (a) terminate access to your account, your ability to post to the Site or the App (or use the Services) and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that ABE determines, in its sole discretion, is inappropriate or disruptive to the Site or the App or to any other user of the Site, the App and/or Services. ABE may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ABE’s discretion, ABE will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, the App or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on the Site or the App may violate certain laws and regulations. You agree to indemnify and hold ABE and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ABE or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the App or the use of the Site or the App by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Trademarks, names and logos on the Site and the App are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site and the App, including documents, services, design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ABE. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
ABE respects the intellectual property rights of others, and we ask you to do the same. ABE may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and the App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our App, please provide ABE’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online App are covered by a single notification, a representative list of such works at that App.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site or the App, and information reasonably sufficient to permit ABE to locate the material.
- Information reasonably sufficient to permit ABE to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ABE’s agent for notice of claims of copyright or trademark infringement on the Site and the App can be reached as follows:The Allied Beauty Experts, Inc. Vice President of Legal Affairs, 6551 South Revere Parkway, Suite 120 Centennial, CO 80111 By telephone: (303) 662-9075 E-mail: firstname.lastname@example.org
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties.
Your use of the Site, the App and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by ABE, and they may include inaccuracies or typographical or other errors. ABE does not warrant the accuracy of timeliness of the Materials contained on the Site or the App. ABE has no liability for any errors or omissions in the Materials, whether provided by ABE, our licensors or suppliers or other users.
ABE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE APP, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE OR THE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY USER CONTENT AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE APP, THE SERVICES, AND MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THE APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ABE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
ABE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE OR THE APP. IN NO EVENT SHALL ABE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ABE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
ABE controls and operates the Site and the App from its headquarters in the United States of America, and the Materials may not be appropriate or available for use in other locations. If you use the Site or the App outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to ABE, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the App, any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ABE is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ABE is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and ABE. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. Please read this Provision carefully. It provides that all Disputes between you and ABE shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “ABE” means The Allied Beauty Experts and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and ABE regarding any aspect of your relationship with ABE, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as ABE’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, you must first give ABE an opportunity to resolve the Dispute. You must commence this process by mailing written notification to firstname.lastname@example.org. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If ABE does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Exclusions from Arbitration; Right to Opt Out
Notwithstanding the above, you or ABE may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to ABE, email@example.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with ABE through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with ABE. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or ABE may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.Location of Arbitration — you or ABE may initiate arbitration in either Denver County, Colorado or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, ABE may transfer the arbitration to Denver County, Colorado in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs — both parties will split all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with ABE as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.
ABE may discontinue, suspend or terminate your access to the App, the Site, the Services and/or your account, without notice or liability for any violation of these Terms or for any other use of the Site, the App, the Services or the Materials that ABE, at its sole discretion, deems improper. ABE may also discontinue offering the Site, the App, the Materials or any of the Services, or may modify any portion of the Site, the App, the Materials or the Services at any time with or without notice to you.
ABE’ failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ABE’ ability to enforce such term at any point in the future. These Terms are the entire agreement between you and ABE and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ABE about the Site and/or the App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact ABE for any reason, you can reach us at firstname.lastname@example.org