Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE” OR “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES (COLLECTIVELY, THE“WEBSITE”) OF THE AMERICAN BOURBON ASSOCIATION (THE “ABA” or “WE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), CLICKING ON THE “ENTER” BUTTON, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE AT LEAST 21 YEARS OF AGE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE. 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The ABA owns and operates the Website and provides the Services.  Among other things, the Website and Services permit visitors to the Website and users of the Services (collectively, “Visitors”) to obtain information, news and content relating to bourbon.

PLEASE NOTE THAT The Terms are subject to change by THE ABA in its sole discretion at any time.  When changes are made, the ABA will make a new copy of the Terms of Use available at the Website and any new supplemental terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Terms of Use.  If we make any material changes, and you have given us your e‑mail address, we will also send an e-mail to you at the last e-mail address you provided to us.  Any changes to the Terms will be effective immediately for new Visitors to the Website and/or Services.  The ABA may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. Use of the Website and the Services.  The Website and the Services, and the information and content available on the Website and through the Services (as these terms are defined herein) (collectively, the “ABA Properties”) are protected by copyright laws throughout the world. 
    1. License. Subject to the Terms, the ABA grants you a limited license to reproduce portions of the ABA Properties for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by the ABA in a separate license, your right to use the ABA Properties is subject to the Terms.
    2. Certain Restrictions.  The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the ABA Properties or any portion of the ABA Properties, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other ABA Properties (including images, text, page layout or form) of ABA; (c) you shall not use any metatags or other “hidden text” using ABA’s name or trademarks; (d) except as expressly stated herein, no part of the ABA Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the ABA Properties. 
  2. Updates.  Any future release, update or other addition to the ABA Properties shall be subject to the Terms.  The ABA reserves all rights not granted in the Terms.  Any unauthorized use of the ABA Properties terminates the licenses granted by the ABA pursuant to the Terms.
  3. Ownership.
    1. ABA Properties.  You agree that the ABA owns all rights, title and interest in the ABA Properties (including but not limited to, any titles, computer code, themes, objects, concepts, artwork, animations or sounds, and all intellectual or proprietary rights contained therein).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the ABA Properties.
    2. Trademarks. ABA’s name and other related graphics, logos, service marks and trade names used on or in connection with the ABA Properties or in connection with the Services are the trademarks of the ABA and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in the ABA Properties are the property of their respective owners.
  4. Visitor Conduct.
    1. Hacking.  You agree that you will not, under any circumstances:
      1. Interfere with or damage ABA Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
      2. Attempt to gain unauthorized access to the ABA Properties, or to the computers, servers or networks connected to the ABA Properties by any means other than the user interface provided by ABA, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the ABA Properties;
      3. Disrupt or interfere with the security of, or otherwise cause harm to, the ABA Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through the ABA Properties or any affiliated or linked sites; or
      4. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the ABA or any of the ABA’s providers or any other third party to protect the ABA Properties.
    2. Commercial Activities.  You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
      1. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the ABA Properties; or
      2. Use the ABA Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation.
    3. Unauthorized Use or Access. You agree that you will not, under any circumstances:
      1. Interfere or attempt to interfere with the proper functioning of the ABA Properties or connect to or use the ABA Properties in any way not expressly permitted by the Terms;
      2. Systematically retrieve data or other content from our ABA Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; or
      3. Use, display, mirror or frame the ABA Properties, or any individual element within the ABA Properties, the ABA’s name, any ABA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the ABA’s express written consent.
  5. Third-Party Services.
    1. Third-Party Websites. The ABA Properties may contain links to third-party websites (“Third-Party Websites”).  When you click on a link to a Third-Party Website, we will not warn you that you have left the ABA Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites are not under the control of the ABA.  The ABA is not responsible for any Third-Party Websites.  The ABA provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services.  You use all links in Third-Party Websites at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  6. Disclaimer of Warranties.
    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ABA PROPERTIES IS AT YOUR SOLE RISK, AND THE ABA PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE ABA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      1. THE ABA MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ABA PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE ABA PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ABA PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ABA PROPERTIES WILL BE CORRECTED.
      2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ABA PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ABA PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
    2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT THE ABA IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ABA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  7. Limitation of Liability.
    1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE ABA BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ABA PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT ABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ABA PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE ABA PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ABA PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ABA PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE ABA PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
    2. Content.  THE ABA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR SETTINGS.
    3. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ABA AND YOU.

Procedure for Making Claims of Copyright Infringement.  If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:  (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Website of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for the ABA’s Copyright Agent for notice of claims of copyright infringement is as follows:American Bourbon AssociationAttn: Kris Comstock, Sazerac Co.10401 Linn Station Rd #300Louisville, KY 40223kcomstock@sazerac.com

  1. Term and Termination. 
    1. Term.  The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the ABA Properties, unless terminated earlier in accordance with the Terms.
    2. Prior Use Notwithstanding the foregoing, if you used the ABA Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the ABA Properties (whichever is earlier) and will remain in full force and effect while you use the ABA Properties, unless earlier terminated in accordance with the Terms.
    3. Termination of Services by ABA.  If you have materially breached any provision of the Terms, or if the ABA is required to do so by law, the ABA has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in the ABA’s sole discretion and that the ABA shall not be liable to you or any third party for any termination of your Account.
  2. Remedies.
    1. Violations.  If the ABA becomes aware of any possible violations by you of the Terms, the ABA reserves the right to investigate such violations.  If, as a result of the investigation, the ABA believes that criminal activity has occurred, the ABA reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  The ABA is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the ABA Properties in the ABA’s possession in connection with your use of the ABA Properties, to:  (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of the ABA, its Visitors or the public, and all enforcement or other government officials, as the ABA in its sole discretion believes to be necessary or appropriate.
    2. Breach.  In the event that the ABA determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the ABA Properties, the ABA reserves the right to:
      1. Warn you via e-mail (to any e-mail address you have provided to the ABA) that you have violated the Terms;
      2. Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
      3. Pursue any other action which the ABA deems to be appropriate.
  3. International Visitors.  The ABA Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country.  These references do not imply that the ABA intends to announce such Services or content in your country.  The ABA Properties are controlled and offered by the ABA from its facilities in the United States of America. The ABA makes no representations that the ABA Properties are appropriate or available for use in other locations.  Those who access or use the ABA Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  4. General Provisions.
    1. Electronic Communications.  The communications between you and the ABA use electronic means, whether you visit the Website or send the ABA e-mails, or whether the ABA posts notices on the Website or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from the ABA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the ABA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    2. Release.  You hereby release the ABA and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the ABA Properties, including but not limited to, any interactions with third-party websites of any kind arising in connection with or as a result of the Terms or your use of the ABA Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
    3. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the ABA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the ABA Properties, please contact us at: info@americanbourbonassociation.com.  We will do our best to address your concerns. 
    5. Dispute Resolution.
      1. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief.  Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms.  The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider.  The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.  Notwithstanding the foregoing, the ABA may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.  Please note that the laws of the jurisdiction where you are located may be different from Kentucky law, including the laws governing what can legally be sold, bought, exported, offered or imported.  You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the ABA Properties.
      2. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration.  Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.  The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”).  As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). 
      3. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court.   Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.  You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.  Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. 
      4. You and the ABA must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR THE ABA MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the ABA will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) the ABA also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
      5. The arbitral proceedings, and all pleadings and written evidence will be in the English language.  Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 12 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.

Notwithstanding the foregoing, either you or the ABA may bring an individual action in small claims court.  Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.  Such claims shall be exclusively brought in the state or federal courts located in Jefferson County, Kentucky.  Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Jefferson County, Kentucky, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Jefferson County, Kentucky for such purpose.  A request for interim measures shall not be deemed a waiver of the right to arbitrate.

  1. With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the ABA shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Jefferson County, Kentucky. By using the ABA Properties in any manner, you agree to the above arbitration provision.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

  1. Governing Law.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Kentucky, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. 
  2. Notice.  Where the ABA requires that you provide an e-mail address, you are responsible for providing the ABA with your most current e-mail address.  In the event that the last e-mail address you provided to the ABA is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the ABA’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. 
  3. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  4. Severability.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  5. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
  6. International Provisions.  The following provisions shall apply only if you are located in the countries listed below.
    1. United Kingdom.  A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
    2. Germany.  Notwithstanding anything to the contrary in Section 12, the ABA is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).