The representative named in this Website (‘Representative”) is an independent marketing representative of American Brokerage Services, Inc. (“ABS”) and its affiliates.  Representative’s business is independently owned and operated.  Representative is not an employee of ABS.  As an independent agent, Representative is authorized to sell, service and distribute products and services provided through ABS.  ABS owns and operates this ABS Representative website (the “Website”).  The privacy policy and terms of use set forth below (the “Policy”) apply to your use of this Website and also govern data collection and usage.

Use of Personal Information.  ABS will not sell, disseminate, disclose, trade, transmit, transfer or share any personally identifiable information about you to any third party unless the release of such information is:  (i) specifically authorized by you; (ii) necessary to complete the transactions requested by you; (iii) required either by law or to comply with legal process served on ABS; (iv) necessary to protect or defend the rights or property of ABS; (v) required by exigent circumstances or to protect individual personal safety or the public; or (vi) otherwise permitted by this Policy.

ABS may contact you, from time to time, on behalf of itself, the Representative or external business partners about a particular offering that may be of interest to you.  ABS may share data with trusted partners to help it perform statistical analysis, send you e-mail or postal mail, provide customer support or arrange for delivery of other information.  All such third parties are prohibited from using your personal information except to provide these services to ABS and are required to maintain the confidentiality of your personally identifiable information. 

ABS will make reasonable efforts to secure personal information from unauthorized access, use or disclosure by using advanced encryption, security and firewall technology.  ABS will maintain physical, electronic and procedural safeguards that comply with all applicable regulatory standards to guard your non-public personal information.

Website Usage Data.  ABS may track information about the use of the Website.  Usage data is stored in log files, is used for aggregated and statistical reporting, and is not linked to personally identifiable information gathered elsewhere on the site. 

Third Party Links.  The Website may contain links or references to third party websites that are not controlled by ABS.  Third party links are made available to you as a convenience and you use these links at your own risk.  ABS is not responsible for the content, privacy policy or practices of linked third party websites.  This Policy applies only to information collected by or on behalf of ABS.  If you link to a third party website, ABS recommends that you review that website’s privacy policy. 

Use of Cookies.  The Website may use “cookies” to help your ease of access.  If you choose to decline cookies, you may not be able to fully experience all of the features of the Website.

• Ownership.  Unless expressly stated to the contrary in the Website, the Website, its contents and all related copyrights, trademarks, patents, trade secrets and other proprietary rights are owned exclusively by ABS.  All information, data and files that you create on, through or using the Website shall become the sole and exclusive property of ABS.

Intellectual Property.  The Website is protected by U.S. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  All right, title and interest including, but not limited to, copyrights in and to the Website and any copies thereof, shall remain with ABS.  Any use, reproduction or redistribution of the Website not in accordance with this Policy and applicable law is expressly prohibited.  All rights not expressly granted in this Policy are reserved by ABS.  ABS, American Brokerage Services and the American Brokerage Services logo design are trademarks and trade dress owned exclusively by ABS and are protected under United States and international trademark law.

Copyright.  The works of authorship contained in the Website including, without limitation, text, designs, images, forms and sound recordings as well as the selection, arrangement, coordination, compilation and derivatives of such works of authorship are, except as otherwise expressly indicated, copyrighted under U.S. and international copyright laws and are owned exclusively by ABS or used by ABS with the permission of the owner.  Except as expressly stated in this Policy, such works of authorship may not be copied, transmitted, displayed, distributed (for compensation or otherwise), licensed, altered, stored for subsequent use, modified, removed, sold or otherwise used, in whole or in part, in any manner without ABS’ prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then only when including notice of ABS’ proprietary rights.  You may not reproduce, change, modify, adapt or incorporate the Website, or portions thereof, into a derivative work such as a film, video, broadcast, multimedia presentation, website or advertisement without the prior written consent of ABS.  You may not remove or alter any copyright notices on any portion of the Website or from any electronic or hard copies of the Website which you create.

Potential Disruption of Website.  You are responsible for obtaining and maintaining all computer hardware, software, connectivity and other equipment needed to access and use this Website.  Access to the Website may from time to time be unavailable, delayed, limited or slowed by reasons which may be within or beyond ABS’ control including, without limitation, hardware failure, software failure, overload of system capacities, acts of God, interruption of power supplies, labor strikes, governmental intervention, acts of terrorism or war, routine maintenance, software and security updates or other causes, whether similar or dissimilar to any of the foregoing.  In these cases, you may be unable to transact business on the Website or do so in a timely manner.  ABS makes no representation or warranty regarding and shall have no liability for connectivity to or the availability of the Website.

NO WARRANTIES.  ABS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE WEBSITE.  ABS WILL USE REASONABLE, GOOD FAITH EFFORTS TO PROTECT THE PRIVACY OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  ABS MAKES NO WARRANTY THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ABS MAKES NO WARRANTY REGARDING THE ACCURACY OR VALIDITY OF ANY DATA, MATERIALS, AND/OR INFORMATION AVAILABLE THROUGH THE SITE. 

LIMITATION OF LIABILITY.  IN NO EVENT SHALL ABS, ITS AFFILIATES, EMPLOYEES, AGENTS, DIRECTORS OR OFFICERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM OR RELATED TO: (1) ANY DISCLOSURE OF INFORMATION BY THIRD PARTIES; (2) ANY DISCLOSURE OF INFORMATION BY ABS, UNLESS SUCH DISCLOSURE IS IN VIOLATION OF THIS POLICY OR AS A RESULT OF ABS’ WILLFUL MISCONDUCT; (3) RELIANCE ON ANY DATA, MATERIALS, CONTENT OR INFORMATION AVAILABLE ON OR OBTAINED THROUGH USE OF THE WEBSITE; (4) YOUR HARDWARE, NETWORK CONNECTIVITY, HOSTING SERVICES, OPERATIONAL SOFTWARE, THIRD PARTY SOFTWARE, SECURITY, THE BACKUP AND STORAGE OF ANY DATA, AND THE ACT AND OMISSIONS OF YOUR VENDORS; (5) ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK; (6) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (7) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; OR (8) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL FOUND ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABS BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION, LOST OPPORTUNITIES OR ANY OTHER LOSS REGARDLESS OF WHETHER ABS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE. 

ABS WOULD NOT CONSENT TO YOUR USE OF THIS WEBSITE BUT FOR THESE WARRANTY DISCLAIMERS AND LIMITATION OF ABS’S LIABILITY WITH RESPECT TO THE WEBSITE.

Remedies.  You acknowledge and agree that a violation of the restrictions set forth in this Policy will result in irreparable injury to ABS.  Accordingly, ABS shall be entitled to preliminary and permanent injunctive relief for a violation or threatened violation of any provision in this Policy without having to prove actual damages or to post security or a bond.

Termination.  ABS reserves the right to suspend or terminate your use of or access to any portion of or all of the Website at any time with or without notice for any reason whatsoever. 

Indemnification.  You agree to indemnify, defend and hold harmless ABS and its affiliates, officers, directors, agents and employees from and against all liabilities, claims, damages, demands, and expenses (including reasonable attorneys’ fees and legal costs), regardless of any failure of ABS to comply fully with the requirements of this Policy or any applicable law, regulation, rule or order, arising out of your: (1) use of the Website; (2) failure to use the Website; (3) breach of this Policy; and (4) violation of any applicable law or the rights of a third party.   YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ABS INDEMNIFY YOU OR ANY OTHER PARTY.

Governing Law.  This Policy shall be governed by the substantive and procedural laws of the Commonwealth of Pennsylvania.

Jurisdiction and Venue.  Any action, claim or proceeding against ABS relating to this Policy, the Website or regarding a disclosure of personal information must be brought by you in the state court in the Commonwealth of Pennsylvania, Montgomery County, or the federal court located in the Eastern District of Pennsylvania.  You consent to this jurisdiction and venue and waive any objection to such jurisdiction and venue, including as to an inconvenient forum. 

Severability.  This Policy shall, in all respects, be severable.  Should any term or provision be deemed unlawful or unenforceable, such term or provision shall be revised as necessary to make such provision lawful and enforceable or, if such revision is impossible, the term or provision shall be deemed deleted. 

Changes.  ABS reserves the right to and may modify, amend or update this Policy from time to time without advance notice to you.  This Policy will be available on the Website and ABS recommends you review the Policy each time you visit the Website.