Binding Commitment.
Please read the Terms of Use carefully before using this Web site. By accessing and using this Web site in any way, including browsing the Web site, viewing, printing or using any information contained on the Web site, using any content or services, or downloading any materials, you agree to, and are bound by, the Terms of Use described on this Web site. If you do not agree to all of the terms and conditions outlined in the Terms of Use, do not use this Web site in any manner. The Terms of Use serve as a binding legal agreement between you and ABPA.
Changes and Updates.
ABPA and the Fund reserve the right to make changes or updates to this Web site or the Terms of Use at any time and without further notice to you. Your continued use of this Web site following any such changes confirms your acceptance of the revised Terms of Use.
Permitted Uses.
You are authorized by ABPA and the Fund to view, download, copy and print information and documents contained on this Web site (which are referred to as “Materials”). However, your use of this Web site shall be subject to the terms and conditions of any agreement that you or your employer has entered into with ABPA and/or the Fund, or any vendor of ABPA and/or the Fund, including, but not limited to, any Business Associate Agreement. Furthermore, the following restrictions will apply: (a) the Materials may be viewed, downloaded, copied and printed only to the extent necessary to perform your services or fulfill your obligations to the Fund; (b) all copies you make of the Materials must include any copyright or other proprietary notices that are included in the Materials; (c) you may not modify any of the Materials found on this Web site nor attempt to claim them as, or represent them to be, your own, unless otherwise specifically permitted by ABPA or the Fund; (d) you may not use, reproduce or publicly display or perform, or distribute any of the Materials on this Web site for any commercial or public purpose that is unrelated to the operation of the Fund, unless ABPA or the Fund has consented in writing; and (e) you may not “mirror” or “frame” any portions of this Web site in any other environment without the prior written authorization of ABPA or the Fund. Furthermore, the graphics, trademarks, trade names and service names contained on this Web site constitute intellectual property that belongs to either ABPA or the Fund (or the business partners/vendors of either party).
Protection of Information.
As an authorized user of this Web site, you are responsible for protecting the information on this Web site against unauthorized disclosures. You agree to comply with all state, federal and local laws relating to privacy and confidentiality. Furthermore, you are responsible for maintaining the confidentiality of your user name and password. You are liable for all actions taken and activities that occur as a result of the use of your user name and password. You agree to notify ABPA immediately if you believe that your user name or password has been accessed by an unauthorized person. ABPA may unilaterally suspend or terminate your access to this Web site if ABPA has reason to believe that an unauthorized user is accessing and/or using this Web site on your behalf.
If you are an Provider Office Account Administrator, you are responsible for determining those individuals within your organization who will have access to the information on this Web site. You will also be responsible for terminating the access of those individuals who have terminated their employment or have changed positions and no longer require access to the Web site in order to fulfill their responsibilities.
Links to Third-party Sites.
This Web site may contain links to third-party sites that are not under the control of ABPA. ABPA is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. ABPA is providing such links to you only as a convenience, and the inclusion of any link does not imply that ABPA endorses or accepts any responsibility for the content of such third-party sites.
Reservation of Rights.
Either ABPA or the Fund may terminate your access to this Web site at its discretion, if you fail to observe the Terms of Use or otherwise violate the rights of others.
WARRANTIES AND DISCLAIMERS.
EXCEPT AS OTHERWISE SPECIFICALLY STATED, ALL INFORMATION, DOCUMENTATION AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, AND ABPA DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON THIS WEB SITE, ABPA DISCLAIMS ANY WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT SHALL ABPA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR THE DOCUMENTS, DATA OR MATERIALS CONTAINED ON THIS WEB SITE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THIS WEB SITE, AND THE MATERIALS, DATA AND DOCUMENTS POSTED ON THIS WEB SITE. THIS WEB SITE AND THE MATERIALS, DATA AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ABPA ASSUMES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH INACCURACIES, ERRORS AND OMISSIONS.
THE CONTENT OF THIS WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY. ABPA DOES NOT PROVIDE LEGAL ADVICE, AND NOTHING ON THIS WEB SITE SHALL BE CONSTRUED AS THE PROVISION OR RENDERING OF LEGAL ADVICE. PLEASE CONTACT YOUR OWN LEGAL COUNSEL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR OBLIGATIONS TO ABPA OR THE FUND.
INDEMNIFICATION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ABPA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND BUSINESS PARTNERS/VENDORS, FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES AND COSTS, THAT IS MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS TO AND/OR USE OF THIS WEB SITE, INCLUDING ANY USE BY YOUR EMPLOYEES, YOUR CONNECTION TO THE WEB SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.
Governing Law.
This Web site is controlled by ABPA from its offices in Las Vegas, Nevada. All matters relating to your access to, or use of, this Web site shall be governed by the laws of the State of Nevada, without regard to its conflicts of laws provisions. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in the state or federal courts in Las Vegas or Clark County, Nevada. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.