The following terms and conditions (the “Terms”) govern your use of this website (the “Site”). Please take a few minutes to read these Terms, as well as our Privacy Policy, available at: http://abalvarez.com/privacy-policy-2/. Please note that, by visiting our Site, and/or using the services offered on or through our Site, you agree to these Terms as they may be amended from time to time. We will do our best to notify you whenever we make material updates or edits.
Limited License
The Site and the services offered on or through the Site, including any content and materials thereon, are for personal, non-commercial use. Any commercial distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on or derived from the Site, is prohibited without the express written prior permission of ABA or the applicable rights holder. Please do not display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data or materials on the Site. If you must download or print any content or information from the Site (we get it, we like reading hard copies sometimes too), we kindly ask that you limit your printing to a single copy for personal, home use only.
User Information
In the course of your use of the Site, you may be asked to provide certain personalized information to us (“User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference.
Submitted Materials
Unless expressly specified in advance, any information, creative works, ideas, suggestions, concepts, themes, outlines, drafts, manuscripts, plans, or other materials that you submit or send to us through the Site (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms and the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you represent and warrant that all Submitted Materials are original to you, that no other party has any rights thereto, and that use of the Submitted Materials does not and will not violate the law or violate or infringe the rights of any entity or person. If you would like to keep a copy of your Submitted Materials, please make sure that you save and retain your own files before you send them to us, as we cannot guarantee that we will maintain or store any records, documents, or files for any length of time. You agree not to hold ABA liable for any damage to, any deletion of, or any failure to store or secure your files, data, or other Submitted Materials.
User Conduct
It is important to ABA to maintain a respectful, honest, and welcoming Site for all users. In keeping with our community culture, we ask that, when using the Site, you do not:
To the extent that you are able, through the Site, to message, chat, post, communicate, blog, or otherwise correspond in a public manner with others, we ask that you do:
Right to Monitor; Editorial Control
We generally do not pre-screen, monitor, or edit the content posted by users of our Site. However, we and our agents have the right to refuse to post or to remove any content that, in our judgment, does not comply with these Terms, or is otherwise harmful, objectionable, or inaccurate.
Indemnification
You agree to defend, indemnify and hold ABA and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your placement or transmission of any message, content, information, software, or other materials through the Site, or your breach or violation of the law or of these Terms.
Third-Party Sites
You may be able to link from our Site to third-party websites or pages. Please note that we have no control over the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through third-party sites, so you should always review the separate terms and conditions of any linked site that you access.
Infringement Notification
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notification of the claimed infringement, including a description of the copyrighted work that you claim has been infringed and a description of where the alleged infringing material is located, with a link if possible, to our copyright counsel, Eve J. Brown, at Bricolage Law, LLC, 1080 Beacon Street, 4D, Brookline, MA 02446, Telephone: 508-734-3404, E-mail: ejbrown@bricolagelaw.com.
Site Operability
While we endeavor to provide the highest quality service and security to our users, we cannot warrant or guarantee uninterrupted access or availability, protection from third-party data breaches, or freedom from errors, defects, or user-uploaded malware. Please use the Site at your own risk and be mindful of what you share, submit, or send through the Site. In no event shall ABA, any member of the ABA family, or any of our directors, officers, employees, agents or content or service providers be liable for damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials, services, and features related thereto, or for any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site.
User Age
Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into, abide by, and comply with these Terms.
Site Termination
ABA may terminate, change, suspend, or discontinue any aspect of the Site at any time. ABA may restrict, suspend, or terminate your access to the Site and/or its services if we believe that you are in breach of these Terms or applicable law.
Entire Agreement
These Terms and the Privacy Policy incorporated herein constitute the entire agreement and understanding between you and ABA with regard to your use of the Site. These Terms may not be altered, supplemented, or amended by any other document, unless otherwise agreed to in writing by ABA.
Arbitration; Disputes
Both you and ABA agree that any dispute or claim relating in any way to these Terms, the Site, or the relationship between you and ABA will be resolved by binding arbitration, rather than in court. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our attorneys at Bricolage Law, LLC, 1080 Beacon Street, 4D, Brookline, MA 02446, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Applicable Law
These Terms are governed by and shall be construed in accordance with the laws of the state of New York, without regard to principles of conflict of laws.
Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Brushed Steel Books, located at P.O. Box 851, Yonkers, NY 10702. Our telephone number is 917.239.9150. If you notice that any user is violating these Terms, please contact us at legal@brushedsteelbooks.com.
