Table of Contents

ABB TERMS AND CONDITIONS


Effective date: April 25, 2024

ARTICLE 1 – INTRODUCTION

These terms and conditions (“Terms”) constitute a legally binding agreement (“Agreement”) between you, whether personally or on behalf of an entity (“you,” “your”, or “User”) and Accredited Business Bureau, along with its agents, assigns, and affiliates (“ABB”, “we”, “us”, or “our”), concerning your access to and use of the ABB platform located at https://native-gains.com/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is controlled by ABB (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.‍

You may not use or access the Platform unless, and by accessing the Platform you represent and warrant that, you (1) if an individual, are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, (2) have not at any time breached a contract with ABB, (3) that you are the holder of the bank/credit card or bank account used for any purchases on the Platform, and (4) accept and agree to be bound by these Terms.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

ARTICLE 2 – INTELLECTUAL PROPERTY RIGHTS

2.1 Unless otherwise stated, ABB and/or its licensors own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Platform. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms

You must not:

  • Republish material from ABB
  • Sell, rent or sub-license material from ABB
  • Reproduce, duplicate or copy material from ABB
  • Redistribute content from ABB 

2.2 Provided that you are eligible to access and use the Platform, you are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the Platform in accordance with these Terms. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.‍

2.3 All logos and trademarks of third party or social networks on this Platform are the property of their respective owners. These elements are used exclusively for identification and reference purposes, and do not imply any association or imply any association with or endorsement by the companies that own them.

2.4 We appreciate your suggestions, comments, bug reports, feature requests, or other feedback (“Feedback”). We are not obligated to keep Feedback confidential, even if you indicate it as such. If you provide feedback, comments, ideas or suggestions for our Platform, you assign to us all of your worldwide right, title and interest in and to any and all comments, suggestions, requests, recommendations or other feedback you choose to provide to us in connection with our Platform, including all Intellectual Property Rights therein, and you agree that if necessary you will complete any documents deemed necessary to effect this assignment.  You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights you may have in any opinion, suggestion or other comment, even if it is altered or changed in a way that is not to your liking. you also understand and agree that you will not receive any fee, sum, consideration or remuneration for any of the rights granted in this section. Our receipt of your opinions, suggestions and other comments does not constitute an admission of their novelty, priority or originality, nor does it impair our right to any existing or future intellectual property rights.

2.5 You own all of the content or material you provide to us to use our Platform. You grant us a nonexclusive, revocable, worldwide, limited, fully paid-up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze this information for the sole purpose of providing the applications and Platform to you and your users. You represent and warrant that you are entitled to and authorized to submit the content and that such content or material you submit is accurate and not in violation of any contractual restrictions or third party rights.

 

 

ARTICLE 3 – DATA PRIVACY AND INTEGRITY

For the avoidance of doubt, the acquisition, storage, and manipulation of personal and non-personal data through the Platform shall be governed by our Privacy Policy (“Privacy Policy”). This Privacy Policy is incorporated by reference into these Terms and shall form an integral part hereof. The Company undertakes to comply with applicable data protection laws and regulations, including but not limited to the California Consumer Privacy Act (“CCPA”) and the Children’s Online Privacy Protection Act (COPPA). The User acknowledges that they have read and understood the provisions set forth in the Privacy Policy and consents to the treatment of their data as outlined therein.

 

 

ARTICLE 4 – USER REPRESENTATIONS

4.1 By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Platform through automated or non¬human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.‍

4.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, or otherwise breach any of the above representations or warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).‍

 

 

ARTICLE 5 – USER REGISTRATION

5.1 You may be required to register with the Platform, and you must be 18 years old or older. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may not share your user account with others. Users must inform ABB immediately and unambiguously, using the contact details indicated herein, in case they believe that their personal information, including, but not limited to, User accounts, access credentials or personal data, have been violated, improperly disclosed or stolen.

5.2. By using the Platform, you represent and warrant that you are not prohibited or restricted from having an ABB account, and not a competitor of ABB or using the Platform for purposes that are competitive with ABB.

5.3 If the User is an entity, organization, or corporation, the individual acceding to these Terms on their behalf provides a representation and warranty that they have the requisite authority to bind said entity to these Terms, and the entity agrees to be legally bound by these Terms. The User is responsible for anyone that uses our Platform through your account, such as your employees, consultants or contractors (“Authorized Users”). Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Platform in the way set out herein. You may not use or access the Platform in any other way, such as using robots, spiders, crawlers and scraping technologies.   

 

 

 ARTICLE 6 – PROHIBITED ACTIVITIES

6.1 You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

6.2 As a user of the Platform, you agree not to:

  • Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Circumvent, disable, or otherwise interfere with security¬-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Platform.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support Platform or submit false reports of misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Platform or the networks or businesses connected to the Platform.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Platform in order to harass, abuse, or harm another person.
  • Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, blockchain mining programs, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  • Use the Platform in a manner inconsistent with any applicable laws or regulations shall be prohibited use by reason of law.


6.3 As a user of the Platform, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform. Our Platform is not intended to hold any Sensitive Information and you represent and warrant that you will not use our Platform to transmit, upload, collect, manage, or otherwise process any Sensitive Information. We will not be liable for any damages that may result from your use of our Platform in transmitting, collecting, managing, or processing any sensitive information. “Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, or any other information that would be subject to Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards (PCI DSS), or other laws, regulations, or industry standards designed to protect similar information.

6.4 We do not monitor content published through our Platform and we are not responsible for any content published through our Platform, we reserve the right to delete, edit, or move messages or materials that we deem necessary to be removed, including, but not limited to, public postings, advertisements, and messages.

6.5 If we believe you are using our Platform illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Platform. We also reserve the right to take any legal steps necessary to prevent you from accessing our Platform.

 

 

 ARTICLE 7 – THIRD PARTY WEBSITES AND CONTENT

7.1 The Platform may contain (or you may be sent via the Platform) links to other websites (“Third Party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party websites accessed through the Platform or any Third Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third Party websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any Services you use from the Platform. Any purchases you make through Third Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the Services offered on Third Party websites and you shall hold us harmless from any harm caused by your purchase of such Services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party websites. We are not liable for any damage or loss arising from or in connection with your enablement of such Third Party Service and your reliance on the policies, privacy practices, and data security processes of such Third Party Service. We are not responsible or liable for any changes to, or deletion of, your data by the Third Party Platform. Certain features of our Platform may depend on the availability of these Third Party Platform and the features and functionality they make available to us. We do not control Third Party Service features and functionality, and they may change without any notice to us. If any Third Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by ABB in our sole discretion, we may stop providing access to certain features and functionality of our Platform. We will not be liable to you for any refunds or any damage or loss arising from, or in connection with, any such change made by the Third Party Service or any resulting change to our Platform. You irrevocably waive any claim against ABB with respect to such Third Party Platform.

 

 

ARTICLE 8 – SITE MANAGEMENT

8.1 We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Service (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

 

 

ARTICLE 9 – TERM AND TERMINATION

9.1 These Terms shall remain in full force and effect while you use the Platform. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

9.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.‍

 

 

ARTICLE 10 – MODIFICATIONS AND INTERRUPTIONS

10.1 We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We will not be liable to you or any third party for any modification, price change, transaction suspension, or discontinuance of the Platform.

We will use commercially reasonable efforts to keep the Platform available and accessible but we cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

10.2 Corrections: There may be information on the Platform that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

 

 

ARTICLE 11 – ‍DISCLAIMER

THE PLATFORM IS PROVIDED ON AN “AS¬IS” AND “AS¬AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD¬PARTY PROVIDERS OF THE PLATFORM. AS WITH THE USE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

ARTICLE 12 – ‍LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, ABB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. FOR THE AVOIDANCE OF DOUBT, ABB WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, OR EXPENSES INCURRED, OR SUFFERED BY A PARTY AS A RESULT OF AN AUTHORIZED USER’S ACCESS OR USE OF OUR PLATFORM OR INABILITY TO ACCESS OR USE OUR SERVICES, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ABB IS NOT LIABLE IN ANY WAY FOR ACTING IN ACCORDANCE WITH OR RELYING ON ANY INSTRUCTION, NOTICE OR DEMAND OR DOCUMENT FROM A PARTY OR PARTY’S AGENT ON THE PARTY’S BEHALF.

 

 

ARTICLE 13 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ABB, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), made by any third party due to, arising out of, or in connection with: (1) your use of the Platform; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any malfunction, damage or disruption to any network channel, or (6) any harmful act toward any other underlying party and/or business with whom you transacted with. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

ARTICLE 14 – GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms and your use of the Platform are governed by and construed in accordance with the laws of the State of __________, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the courts sitting in ______________, State of _____________ for all disputes, claims, and actions arising from or in connection with the Platform or otherwise under these Terms and Conditions.

14.2 Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

14.3 Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Arbitration Rules of United States. Your arbitration fees and your share of arbitrator compensation shall be governed by the Consumer Rules and, where appropriate, limited by the Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online by a single arbitrator appointed in accordance with the then-current rules. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14.4 Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14.5 California Users and Residents: You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.‍

 

 

ARTICLE 15 – MISCELLANEOUS

These ABB Terms and Conditions constitute the entire agreement between ABB and You relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Service. ABB may assign these Terms to any current or future affiliated company and to any successor in interest. ABB also may delegate certain ABB rights and responsibilities under these Terms to third-parties. If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will continue in effect. You agree not to export from anywhere any part of the Platform provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. ABB shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or shortages of transportation or energy. Notices from ABB to You will be given by e-mail, or by general posting on the Platform. You may contact ABB by filling out the customer support form or such other email address ABB posts as its address for notice on the Platform in the most recent version of the Terms. We appreciate your suggestions, comments, bug reports, feature requests, or other feedback (“Feedback”). We are not obligated to keep Feedback confidential, even if you indicate it as such. By providing Feedback, you grant ABB a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose. 

 

 

ARTICLE 16 – CHANGES

Supplemental Terms of Use or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.‍

 

 

ARTICLE 17 – CONTACT US

In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at: 

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