Updated: August 2020

Welcome to MyABA.Today!

INTRODUCTION

MyABA.today is offered by ABA HEALTHCARE, LLC. These terms of use (“Terms of Use”) constitute a binding agreement between MyABA and you governing your use of MyABA. By using MyABA, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use MyABA to post any of your own materials or to view materials posted by other people. MyABA reserves the right to modify the Terms of Use at any time. Your continued use of MyABA.today after MyABA modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using MyABA immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.

NON-COMMERCIAL USE

You are granted a limited, revocable, non-exclusive, non-transferable license to use MyABA solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes.

PASSWORD

When you register for an MyABA.today account, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold MyABA harmless for any damage arising from a third party accessing MyABA.today using a password you disclosed.

MEMBER CONDUCT

MyABA’s Terms of Use include the Rules of Member Conduct below. These rules apply to any and all materials, including text, photograph, video and music you post on MyABA (“Content”) regardless of whether the Content is included in blogs, e-mails, profiles, comments, skins or any other portion or feature of MyABA. These rules also apply to any other use you may make of MyABA (“Conduct”). Notwithstanding any provision of the Rules of Member Conduct, MyABA reserves the right not to post or to remove any Content from MyABA at any time, without notice, for any reason or no reason, in MyABA’s sole discretion.The following is a list of Content and Conduct that violates the Rules of Member Conduct – you may not use MyABA to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
  • harm minors in any way;
  • solicit personal information from anyone under 18;
  • impersonate any person or entity, including, but not limited to, an MyABA official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • provide a false birthday or age;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through MyABA;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users;
  • upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
  • upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
  • interfere with or disrupt MyABA or the servers or networks used to provide or receive MyABA or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive MyABA;
  • intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.

MyABA has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion.You acknowledge that MyABA has no responsibility for monitoring, filtering or pre-screening Content, but that MyABA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable.You understand that all Content posted to the Website or otherwise transmitted via MyABA is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that MyABA will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via MyABA, and you hereby release MyABA and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.MyABA reserves the right to preserve and disclose Content posted to or transmitted via MyABA if reasonably necessary to:

  • enforce this Agreement
  • comply with a legal process
  • protect the rights, property, or personal safety of any party.

MyABA reserves the right to take appropriate legal action against anyone who uses MyABA in violation of the Terms of Use. Whenever MyABA learns of any use of MyABA in violation of or that may be in violation of any applicable law, MyABA may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.

DATA TRANSMISSION SECURITY

You acknowledge that MyABA has no control of the communications lines used to access MyABA because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from MyABA is not the responsibility of MyABA.

CONTENT SUBMITTED TO MyABA.today

(This section refers to Content that you create)

You retain all ownership rights to your Content. Except for its ownership of the collection of all content on MyABA, as described below, MyABA does not claim ownership of any Content you publish in your area of the Website (“Your MyABA Account”).

When you publish your Content on MyABA, you grant MyABA a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors.

By publishing Content on Your MyABA Account, you grant MyABA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others – including without limitation MyABA’s co-brand, content and syndication partners – to do the same) solely for the following purposes:

  • Displaying, distributing and promoting Your MyABA Account
  • Promoting and marketing MyABA’s products and services and general operation of the MyABA.today Service
  • Promoting and marketing the products and services of MyABA’s partners and affiliates
  • Promoting and marketing products and services related to your Content.

This license exists only for as long as the Content remains published on Your MyABA Account and only for as long you remain an MyABA member, except that you grant MyABA a continuing perpetual license and right to maintain a copy of your MyABA Account and Content for archival purposes. This archival copy is not posted publicly on the MyABA Website; it is maintained solely so that MyABA may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the MyABA.today service safer. Except for this license for archival use, in the event that you remove the Content from Your MyABA Account or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.

COPYRIGHT

Content created by MyABA or its suppliers

All content created by MyABA, its partners, or its suppliers and included on MyABA, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of MyABA, LLC. (or its partners or suppliers) and protected by U.S. and international copyright and other intellectual property laws.

Compilations of Content

Notwithstanding the provisions outlined in “Content submitted to MyABA.today” above*, the collection of all Content on this site is a collective work under the U.S. copyright laws and is the exclusive property of MyABA and protected by U.S. and international copyright laws. The Content and software on MyABA.today may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on MyABA is strictly prohibited.

*Individual Contributors retain all ownership rights to their Content. MyABA does not claim ownership of any Content you publish on Your MyABA Account.

COPYRIGHT INFRINGEMENT

You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on MyABA in a way that constitutes copyright infringement, please contact us for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement, MyABA will remove or disable access to the allegedly infringing material and notify the site owner via email or private message. MyABA may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. MyABA reserves the right to terminate your use of MyABA.today at any time and remove any infringing Content if you infringe the copyright rights of others.

Disclaimer of Medical Advice

You understand and acknowledge that all users of this website are responsible for their own medical care, treatment, and oversight. All of the content provided on the website, including text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, and forum postings, are for informational purposes only and DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment.

The content is not intended to establish a standard of care to be followed by a user of the website. You understand and acknowledge that you should always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the website.

Medical information changes constantly. Therefore the information on this website or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this website or any linked websites is solely at your own risk.

MyABA does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be provided on the linked websites. The linked websites may contain text, graphics, images or information that you find offensive. MyABA, its licensors and its suppliers have no control over and accept no responsibility for such materials.

PERSONAL INFORMATION

You hereby certify to MyABA that you are at least 13 years old. MyABA is intended for people who are at least 13 years old. Children under 13 are not permitted to join MyABA or participate in the MyABA community, and MyABA will delete MyABA accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child’s site.

For purposes of identification, when you register for an MyABA account you must provide MyABA with accurate, complete, and updated information required by the registration to MyABA – namely, a valid email address and date of birth.  Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on MyABA.

LINKS

MyABA may include links to other websites or resources. MyABA has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. MyABA does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.

INDEMNITY

You agree to indemnify and hold MyABA, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of MyABA, your connection to MyABA, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using MyABA, including, but not limited to, costs incurred for Internet access.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF MyABA IS AT YOUR SOLE RISK. MyABA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MyABA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) MyABA MAKES NO WARRANTY THAT (i) MyABA WILL MEET YOUR REQUIREMENTS, (ii) MyABA OR ANY SOFTWARE PROVIDED TO YOU THROUGH MyABA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MyABA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MyABA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN  SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH MyABA WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MyABA IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MyABA OR THROUGH OR FROM MyABA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyABA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MyABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MyABA; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MyABA; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MyABA; OR (v) ANY OTHER MATTER RELATING TO MyABA.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on MyABA are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of MyABA’s proprietary rights in them.

APPLICABLE LAW

The laws of the State of Florida will govern the Terms of Use, without giving effect to any principles of conflicts of laws.