School Terms

The following Terms of Service (collectively, “Agreement”) shall apply to all purchases made from the American Bankers Association, its subsidiaries and/or affiliates, as applicable except as otherwise noted herein (collectively, “ABA”) for its schools and specified learning opportunities (collectively, “ABA School(s)”) as set forth below. This Agreement may be modified at any time and at ABA’s sole discretion and shall be in full force and effect at the time of any revision.

SCHOOL REGISTRATION AND ATTENDANCE TERMS AND CONDITIONS
ABA SCHOOLS. These terms and conditions shall apply to all of ABA’s marketed and/or sponsored schools and learning opportunities, whether offered in-person, virtual or in a hybrid manner, and may be altered or amended at any time at ABA’s sole discretion (collectively, “ABA Schools”). Except for those instances clearly delineated by ABA in registration materials, these professional development opportunities are solely restricted to “Eligible Registrants.” Eligible Registrations are defined as employees of ABA membership-eligible institutions and government regulatory agency employees. To participate in an ABA school or associated educational program, applicants must meet the following minimum requirements:
1. be a current employee or active contractor of an active or eligible ABA member institution; or
2. be a current employee of a city, state or federal government regulatory agency.
REGISTRANT’S CONSENT. By affirmatively selecting acceptance with the terms and conditions herein, Registrants confirm willingness to comply with all terms and conditions set forth in this Agreement. The Registrant may either purchase and register as an individual or as a group. Group Registrations (two or more individuals) may be purchased by an authorized individual on behalf of the purchasing organization. Each ABA School shall set specific limits as to the numbers of authorized registrants allowed within a Group Registration. ABA takes no responsibility or liability for any failure of the purchasing organization to obtain necessary authorizations or consents at the time of registration. The types of Registrants are defined as follows:
1. Individual Registrants are as follows:
  1. Attendee/Participant – shall mean those meeting the previously referenced eligibility requirements.
  2. Guest – shall mean a spouse, child, significant other or friend not employed in a financial services occupation. A coworker (even a spouse co-worker) or an associate within the financial services industry is not considered a guest.
  3. Speaker/Faculty/Instructor - shall mean an individual presenting content at an ABA School and will be required to execute a separate written release regarding their participation.
2. Group Registrations may contain two or more of any of the above type of Registrants.
LEARNING MANAGEMENT SYSTEM (“LMS”) REGISTRATION ACCESS TERMS AND CONDITIONS
1. REGISTRATION ACCESS. By clicking “I Agree,” and/or accessing this system through an institution’s valid license as applicable, Licensee confirms compliance with the terms and conditions herein, which govern the use of and/or access to ABA’s e-learning courses and certification exams (“Online Courses”) and the LMS for such Online Courses owned by ABA or any third party that provides content under license agreement with ABA (“Content Licensors”) (collectively, “Services”). ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY TRIAL USE, WILL CONSTITUTE LICENSEES ASSENT TO THIS AGREEMENT. Please print a copy of this Section for retention and future reference.
2. LICENSE GRANT AND OWNERSHIP. This Agreement conveys to the Licensee, a limited, non-exclusive, non-transferable license to use the Online Courses ordered by Licensee and made available directly to Licensee online, as set forth herein. This license is solely limited to the Services made available to Licensee, and is not an assignment of (i) any intellectual property rights that ABA or its Content Licensors own in the Online Courses or other content provided by ABA or other third party organizations (“other Content”), (ii) any derivative works that ABA or its Content Licensors prepared or developed based upon the Online Courses or other Content, or (iii) any compilation works produced, advertised, marketed, promoted, or sold by ABA or its Content Licensors that contain all or any part of the Online Course or other Content. Licensor acknowledges and agrees that ABA owns all copyright and other intellectual property rights (including, without limitation, copyright, trademark, domain name, trade secret, and patent rights), to the Online Courses and other Content, including any structure or code licensed, developed, or created by ABA or at the direction of ABA provided in connection with the Services, except for those portions of the Online Content or other Content which are owned by Content Licensors. Neither ABA nor its Content Licensors are conveying to Licensee any intellectual property rights or any other right, interests or title to the Online Courses, to other Content, or to the LMS, and reserve all rights not expressly granted to Licensee. The term “all copyright and other intellectual property rights” shall extend to all media, whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter invented, including complete and entire interactive rights, and the rights to prepare derivative works. Licensee agrees that it will not at any time assert or claim an interest in or do anything may adversely affect the validity or enforceability of, any intellectual property right belong to or licensed by ABA.
  1. ABA Certification Exams. ABA Certification Exams are an offering on the ABA LMS and included in all references to Online Courses herein. All Licensees taking one of ABA Certifications examinations are expected to abide by all rules and regulations governing the examination before, during and after the examination. Possession of copies of any current or previous examination given by ABA Professional Certifications (formerly ICB) is not authorized and is a violation of the rules governing certification exams. Licensees taking an ABA Certifications examination are not permitted to take notes about the examination. Licensee agrees to read, understand, acknowledge and abide by the ABA Professional Certificate Code of Ethics as available https://www.aba.com/training-events/certifications/maintaining-your-certification/certification-code-of-ethics. By registering for the ABA Certification Exams, Licensee agrees and acknowledges all information provided during the application, including any required supporting documentation is correct, and shall further agree to abide by the stated code of ethics and program requirements while Licensee remains a candidate for certification or as a certified professional. This code of ethics and any other policies regarding the ABA Certification Exams may be modified at any time and at ABA’s sole discretion and shall be in full force and effect at the time of any revision.
    1. Cancellation of ABA Certification Exams. If changes are requested to the registration of a Certification Exam, then the following policies shall govern:
      1. Before the Application Due Date, Licensee may either transfer to a future exam date/window or reschedule within the same CBT window and incur no administrative or penalty fees. If the Licensee chooses to cancel before the Application Due Date, then ABA shall refund the Exam fee less USD$100 application fee.
      2. After the Application Due Date, Licensee may either transfer to a future exam date/window for a fee of USD$175 to ABA or reschedule within the same CBT window for a fee of USD$50 to third party vendor if a testing date has been selected. If the Licensee chooses to cancel after the Application Due Date, then ABA shall refund the Exam fee less USD$275 application and administrative fees.
      3. If upon two Business Days or less prior to scheduled exam date or end of the exam window the Licensee requests to transfer, reschedule or cancel, then the entire exam fee is forfeited and no changes are permitted.
      4. ABA will permit up to two (2) consecutive transfer requests for any reason. Should Licensee not take the exam after the second transfer request, ABA will cancel the registration and provide a partial refund of the exam fee per the fee schedule above. Should Licensee wish to take the exam in the future, a new application and full fee is required. Requests to transfer will not be honored with less than two business days prior to the scheduled exam date or the end of the exam window and the entire exam fee will be forfeited. Please note that fees and refunds are based on the dates applicable to your current exam registration. ABA will consider waiving fees in case of a medical emergency. Requests will be reviewed on a case-by-case basis and supporting documentation may be required. All change and cancellation requests must be made in writing to ABA. Fees are subject to change without notice. To reschedule your exam date within the same exam window, access Scantron’s online scheduling system (referenced in your Notice to Schedule). Requests to reschedule will not be honored with less than two business days prior to the testing date appointment and the entire exam fee will be forfeited.
      5. Send all requests to transfer, reschedule, or cancel your registration in writing to certifications@aba.com. A fee applies as noted above.
GENERAL PROVISIONS.
1. MISCELLANEOUS. This is the entire Agreement between the ABA and Registrant and supersedes all other agreements, express or implied, written, or oral, between the parties regarding such ABA School registration and participation. No modification of, or amendment to, this Agreement shall be binding unless in writing and agreed to by both parties. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. Notwithstanding any of the above, ABA may change any of the terms in this Agreement at any time and Registrant and Licensee shall be bound by such modified terms unless ABA receives written notification of its objection to the same. When/if ABA modifies the Terms of Service, the date at the top of the Agreement will be updated and reposted. Registrant and Licensee shall fully comply with all local, state, and federal laws, ordinances, mandates, rules, and regulations, including but not limited to requirements of the host facility, virtual Platform, or public health and safety organizations, which are applicable to the ABA School(s).
2. TERM. The use of the defined “term” shall be used generally to relate to the start and end of the ABA School term purchased with the specifics as set forth below.
  1. FOR ABA SCHOOLS. The term of this Agreement for all ABA Schools shall be from the submission of the registration until the end of the ABA Event (“Term”).
  2. FOR LMS REGISTRATION ACCESS. The term of this Agreement for all licenses to Licensee shall be for a period of twelve (12) months commencing as date of purchase (“Term”).
    1. The Term for Certification holders shall be so long as active status is maintained, which requires maintenance of annual Continuing Education (“CE”) Credits, payment of renewal fees, and adherence to the Profession Code of Conduct referenced available at https://www.aba.com/training-events/certifications/maintaining-your-certification/certification-code-of-ethics. If a Certification holder is deactivated for failure to maintain requirements for active certification, then access herein shall cease immediately upon notification of deactivation status.

CONSENT TO USE PHOTOGRAPHS AND VIDEOS/RECORDINGS. By attending the ABA School, whether in-person or Virtual Event, Registrant acknowledges and agrees photographs, video, and/or audio recordings may be taken of Registrant and accordingly grants ABA the right to use and distribute, in perpetuity, Registrant’s name, voice and likeness (“Image”) in any electronic or print distribution, or by other means hereinafter created, both now and in the future, for any lawful purpose as determined by the ABA.
PRIVACY POLICY AND PERSONAL DATA FOR IN-PERSON AND VIRTUAL EVENTS. ABA values and respects the privacy of its Registrants and the security of Registrant’s personal data. Nothing contained herein shall contradict ABA’s Privacy Policy and in the event of conflict between that policy and these terms, the Privacy Policy shall supersede and control. By Registrant’s affirmative consent to provide or authorization to consent on behalf of all Registrants during registration for the ABA School, Registrant hereby agrees to the following: (i) comply with the ABA’s Privacy Policy available on www.aba.com; and (ii) ABA may collect user data for purposes of marketing, event administration and virtual hosting, and research, including collected data in aggregated form (i.e. surveys and evaluation forms) to assist in market evaluation and for any other purposes as reasonably determined by ABA. In the event Registrant has consented to the sharing of personal data, ABA may be able to provide the registered name(s), title(s), company name, email address(es) and mailing address to (i) ABA, its subsidiaries, affiliates, and service providers for the ABA School (i.e. Hotels and Registration Housing Bureaus); and/or (ii) third party sponsors and exhibitors related to the ABA Events. Notwithstanding the foregoing, ABA will not disclose personal data associated with Registrant to any third parties if Registrant has not provided affirmative consent or if third party is not affiliated with ABA or otherwise providing services for Registrant’s attendance at the ABA Event.
1. Virtual Platform Third Party Privacy Terms. Platform providers may present Registrants with additional terms including, but not limited to, Terms of Use and Privacy Policies to gain access to the Virtual Event. Registrants acknowledge reviewing such provisions and participation in the Virtual Event constitutes acceptance of those specific platform terms. For Virtual Events conducted on ABA’s LMS platform, Registrants acknowledge personal information will be processed in accordance with the Cornerstone Privacy Policy located at https://www.cornerstoneondemand.com/client-privacy-policy/.
  1. Violation at Virtual Events. Any violations to the Platform Terms of Use or Privacy Policies, Third Party Platform Terms of Use or Privacy Polices, or the Code of Conduct in Section 3.5 below may result in ABA taking action, at its sole discretion on a case-by-case determination, including but not limited to, Registrant’s immediate expulsion from the Platform at the moderators/host’s sole discretion without refund, demand for a verbal apology, issuing a written reprimand, disqualification from further business with ABA, and/or reporting of the violation to the employer, security and law enforcement.
2. Sensitive Health Information. ABA understands it may be necessary to provide ABA with sensitive health information, such as a special accommodation to attend an ABA Event. Please DO NOT PROVIDE such sensitive information on the registration form, but rather call 1-800-BANKERS to speak to a representative.
REGISTRATION AND CANCELLATION. Registration for the ABA School may be limited and subject to availability and will be considered on a first-come, first-served basis. If the ABA School is cancelled by ABA, Registrant is entitled to the refund of the paid registration and this shall be the extent of ABA’s sole liability. This Section governs the cancellation for the ABA School only. Any third-party registrations or reservations (hotel, airline, rental car, etc.) are the sole responsibility of the Registrant. When a hotel reservation has been made through ABA School registration, said Hotel reservation must be cancelled separate and apart from the above either directly through the Hotel or the applicable registration housing vendor. Cancellations must be made in writing and sent to reghousing@aba.com.
1. Cancellation by Registrant. The cancellation policy for in-person ABA School by the Registrant is as follows: (i) If Registrant cancels more than thirty (30) days prior to the ABA School start date, Registrant may be entitled to receive a full refund of the total fee; (ii) If Registrant cancels less than thirty (30) days before the ABA School start date, Registrant may be entitled to receive a refund of fifty percent (50%) of the total fee; or (iii) If Registrant cancels after the ABA School start date, the fee paid is non-refundable. These amounts are determined at ABA’s discretion and are subject to change. For all cancellations, there shall be no transfers or substitutions, except in the case of an application for the ABA Stonier Graduate School of Banking, which may be deferred up to a three (3) year period for completion requirement. Please contact the Stonier program manager with any questions.
2. Hybrid Learning Opportunity Refund Policy. (i) If Registrant requests a transfer from an in-person ABA School or learning opportunity to the same School or learning opportunity’s virtual option (if available) more than thirty (30) days prior to the scheduled start date, Registrant may be entitled to receive a refund of the difference between the two registration fees (in-person and virtual) minus a processing fee, the amount of which is determined at ABA’s sole discretion and is subject to change; (ii) If Registrant transfers from an in-person conference to the same conference’s virtual option (if available) less than thirty (30) days before the in-person Event start date, the in-person registration rate will prevail, and no partial refund will be provided; however, the transfer request to the virtual option will be accommodated unless ABA is unable to do so; and (iii) If Registrant cancels their registration after the ABA School start date, the fee paid by the Registrant is non-refundable.
3. Registrant’s Duty of Care. ABA recognizes the safety of all Registrants in-person at ABA Events are a top priority. ABA is committed to following CDC, local government agencies and the venue’s health and safety guidelines for hosting in-person events. By attending ABA School, you agree to comply with all health and safety guidelines adopted by ABA. You further acknowledge acceptance of these Terms of Service includes the Duty of Care as a condition of registration and participation in the ABA School.
4. Cancellation of Virtual Events. Either party may cancel their registration of the Virtual Event with thirty (30) days prior written notice to the other party upon the occurrence of a material breach or default by the other of any of the terms, obligations or warranties under this Agreement not waived in writing by the non-defaulting party. In the event of a material breach, the non-defaulting Party shall notify the other of such alleged breach or default and the other Party shall have one thirty (30) day period to cure the same. However, ABA may immediately cancel the Virtual Event upon written notice to Registrant in the following circumstances: (i) Registrant fails to follow ABA’s licensed uses or restrictions or violates any of the terms of this Agreement; (ii) Registrant becomes insolvent, files bankruptcy or is placed in receivership; (iii) Registrant, without the written consent of ABA, directly or indirectly violates, reproduces, assigns, transfers, sublicenses or encumbers any of its rights under this Agreement, including the Platform; or (iv) Registrant fails to pay the amounts due at the time of registration. Registrant acknowledges self-cancellation for any reason other than an ABA uncured material breach does not obligate ABA to rebate any fees paid and will not relieve Registrant of its obligation to pay any outstanding amounts in full.
HOTEL/ROOM RESERVATIONS. ABA does not endorse booking hotel reservations by any sources other than ABA’s contracted registration housing services, or with the conference hotel directly as indicated for the ABA Event. ABA researches the hotel property extensively to ensure that Registrants are adequately accommodated, rooms meet ABA’s high standards, and discount pricing is provided. ABA has received several reports that unaffiliated representatives, travel agents and wholesalers are soliciting ABA Registrants with hotel packages for ABA Events and offering to sell ABA’s attendee lists. ABA does not share its attendee lists with third parties, so any offer suggesting the contrary has not been authorized by ABA. Please check the specific www.aba.com registration page for a listing on booking hotel accommodations to make housing reservations directly with the meeting hotel or with ABA’s contracted vendor for the ABA School as applicable. Securing the reservations through an ABA authorized vendor allows ABA to provide assistance if complications arise.
RELEASE. During the ABA School, Registrant may choose to participate in optional physical activities posing some inherent risk to person or property (“Activity”) and acknowledges Registrant may need to execute additional releases or documents prior to participation. Registrant warrants and represents the acknowledgement and assumption there is risk involved to person, property, or to others by participating in such Activity. Therefore, Registrant agrees, on behalf of Registrant, their employer and its direct or indirect parents, subsidiaries, affiliates, divisions, successors, predecessors and assigns (the “Releasors”), to completely and irrevocably releases and forever discharges ABA, and their direct or indirect parents, subsidiaries, affiliates, divisions, directors, officers, employees, representatives, attorneys, agents, successors, predecessors and assigns from all actions, causes of action, suits, claims, demands, or any action of similar nature whatsoever, in law or equity which Releasors ever had, now have or hereafter can, shall or may have ever existed that is related to the Activity. Registrant agrees to indemnify, defend, and hold the ABA harmless from all actions, causes of action, suits, claims, demands, or any action of similar nature whatsoever, in law or equity, which the Releasors ever had, now have or hereafter can, shall or may have ever existed that is related to or arose from the Activity. Registrant warrants and represents to ABA that Registrant has not sold, transferred, assigned, mortgaged, or otherwise alienated any of the claims released herein related to the Activity; that no person other than the Releasors granting such release has an interest in any such claim; and that the Releasors granting such release has full power and authority to do so. This Release shall survive the termination or expiration of this Agreement.
ONLINE COURSES AND OTHER CONTENT. ABA’s Services include Online Courses and may also include the additional other Content provided by ABA and other third-party organizations. It may also contain Discussion Boards, Live Chat and other collaboration tools. ABA may provide the opportunity to participate in the Live Chat and the Discussion Boards.
STUDENT COMMENTS/REVIEWS. Some Registrants, based on the individual license of Online Content, may have the ability to post commentary or reviews about ABA Online Courses after completion of an Online Course in the form of User-Generated Content (“UGC”). Eligible Registrant’s posting UGC are required to comply with the Privacy Policies contained herein and acknowledge that there is no anonymity or anonymous posting in this context as UGC reviews shall be linked to the Student’s profile, which is available to any Licensee that has access to the LMS. Comments appearing as UGC in response to ABA Online Courses represent the opinion of the individual and do not represent the views of the ABA. ABA does not support, recognize, endorse, or have any liability in respect to the UGC posted by individuals on the LMS. Further, ABA is not responsible for any of the UGC that may contain third parties content, whether accurate or inaccurate, which is posted to or in any way connected to the LMS. The inclusion of any link to any website does not denote any approval, sponsorship, nor endorsement by the ABA and ABA is not responsible for the content, accuracy, or opinions expressed on those linked websites or related UGC. Student acknowledges and agrees the UGC shall not contain defamatory, libelous, infringing on intellectual property, vulgar, harmful, unlawful, obscene, pornographic, abusive, or illegal material, content or images of any kind, political campaigning, commercial solicitation, or any form of Hate Speech or discrimination due to religion, race, nationality, gender, sexual preference, age, disability, etc., which will not be tolerated. ABA has the right but not the obligation to monitor and edit or remove any activity or UGC in its sole discretion and Student may be subject to removal or termination of access from the LMS. ABA takes no responsibility and assumes no liability for any UGC posted by Student or any third party. Student is solely responsible for any UGC submitted to the LMS and Student fully agrees to indemnify ABA and its subsidiaries and affiliates for all claims resulting from any UGC submitted by Student. This indemnity shall survive the termination or expiration of this Agreement.
1. UGC Grant. For all UGC, Student grants ABA a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable, right to use, reproduce, modify, adapt, publish, display, transmit, copy, distribute, delete, creative derivative works, sell, or incorporate into any other medium or technology either now known or hereinafter created or developed, throughout the world, for any reason as determined by the ABA, without any compensation to the Student.
USE OF THE SERVICES LICENSED. Licensee is granted a limited license to use the LMS, the Online Courses and other Content in connection with the Registrant’s enrollment in such Services solely for personal, non-commercial use. Licensee may not, nor permit others to, otherwise copy, store in a retrieval system, transmit in any form by any means, rent, lend, disclose to third parties, sell, sublicense, alter and/or modify any materials from the Online Courses and other Content. The Online Courses and other Content may not be modified, copied, reproduced, published, or distributed, in part or in total, in any context or format without the express written permission of the ABA. Licensee affirmatively acknowledges that the use of any form of hyperlinking to the Online Courses or other Content or any other type of disclosure, dissemination, or distribution by electronic or printed means to any third party separate from the intended user is strictly prohibited. If Registrants of the Licensee are issued a user ID or password, Licensee agrees to hold the user IDs and passwords in strict confidence and will not reveal, share, loan or otherwise communicate any user ID or password to any other person. In the event Licensee becomes aware of or believes there has been any breach of this Agreement or of the Online Courses or other Content (for example, theft or unauthorized use of Licensee’s login or password), Licensee agrees to notify ABA immediately. The Online Courses and other Content are not intended to provide legal, financial, tax, or accounting advice. Should such advice be desired, Licensee must seek the services of a competent professional.
PRIVACY POLICY FOR LMS ACCESS. ABA values and respects the privacy of its members and users of its Services, and the security of Licensee’s personal and business data. ABA will not disclose personally identifiable information associated with the use of the Services to any third parties not affiliated with ABA, except to duly authorized investigative agencies for the limited purpose of investigating a good faith claim that a particular user has violated the restrictions on use of or access to the Services or except as otherwise affirmatively authorized by Licensee. The LMS tracks the participation and performance of the Registrant taking the Online Courses. A Student who enrolls in Online Courses as part of a multi-user license through their employer’s license agrees that their employer will have access to information on the Registrant’s participation and performance. A Student who self-enroll for Online Courses directly with ABA or through an ABA Local Training Provider and who has their employer billed for the Online Courses agrees that information on their participation and performance shall be shared with the employer who was billed for the Online Courses, or their ABA Local Training Provider for billing purposes. ABA may collect user data in aggregated form (so that no user information is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by ABA. Notwithstanding the above, ABA may monitor the use of the Services that include any Discussion Boards, Live Chat and Ratings/Reviews. ABA may remove any postings from the Chat Room and Discussion Boards or Ratings/Reviews, which ABA believes are inappropriate or unsuitable, or infringe the copyright, trademark, trade secret, or patent rights of any third person, business, or corporation, or contain libelous, slanderous, or defamatory materials, or violate the privacy rights of any person, or constitute a violation of any United States Export Control Law or Regulation, so long as such removal is consistent with applicable federal and state laws and regulations. While ABA has the right to remove any postings in the above, ABA is not responsible for any materials posted by any Student. Third Party platform providers may present Licensee with additional terms including, but not limited to Terms of Use and Privacy Policies to gain access to the LMS or third-party Content Providers. Licensee acknowledges that they have reviewed such provisions and their use constitutes acceptance of those terms. For all Services provided on ABA’s LMS platform, Licensee acknowledges that personal information will be processed in accordance with the Cornerstone Privacy Policy located at https://www.cornerstoneondemand.com/client-privacy-policy/.
TERMINATION.
1. The ABA reserves the right to terminate this Agreement without notice prior to the expiration of the Term if, in its sole judgment, ABA determines that purchaser of ABA School violated the terms of this Agreement and no refund shall be offered in this instance, as violations are a material breach of this Agreement. This Section shall be consistent with the specific cancellation provisions herein for the specific ABA School.
2. Upon termination of the LMS Registration Access, Licensee agrees not to further utilize or otherwise access the login and registration for the Services. If the Online Courses or other Content is made available to the Registrant through the employer’s license with ABA, then ABA offers the Services to Student who registers for Online Courses or other Content during the Term of the employer’s license (as part of the Group License and not the individual license as a Registrant). A Student who enrolls in the LMS through a multi-user license through their employer’s license, then the Registrant will have access to the LMS as determined by their employer during the term of the multi-user license. The ABA reserves the right to terminate this Agreement if the employer terminates its license or ABA, in its sole judgment determines that there has been a violation of the terms of this Agreement.
NON-DISCRIMINATION POLICY. The ABA reaffirms its standing policy of non-discrimination in employment with respect to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation. In addition, the ABA School are operated on the basic principle of respectful treatment for all persons and, accordingly, are firmly committed to ensuring a harassment-free, positive learning environment for all its Registrants or Licensees.
LIMITATION OF LIABILITY. ABA and its content providers/Content Licensors shall not be liable for any indirect, incidental, special, or consequential damages of any sort relating to this Agreement, or for loss of profits, revenue, or data, whether in an action in contract, tort, product liability, even if advised of the possibility of those damages. Reference therein to any specific product, process or service does not constitute or imply an endorsement, recommendation or favoring by the ABA, unless explicitly expressed. ABA is not responsible for, and expressly disclaims all liability for, damages or any kind arising out of the use, reference to or reliance on, or performance of such content from the ABA School(s). This Limitations of Liability shall survive the termination or expiration of this Agreement.
1. For LMS Access. ABA shall not be liable under any theory, for any damages suffered by any third party or any person, including but not limited to Licensee, or, if applicable, any authorized Student or client of a licensed employer, where such damages arise from the use of information in, or derived from the Online Courses or other Content. In any event, ABA’s liability with respect to the Services provided herein shall not exceed the amount of aggregate payments from the Licensee during the Term of this Agreement, even if any term of this Agreement fails of its essential purpose.
GOVERNING LAW. This Agreement, and any disputes or disagreements concerning ABA School(s) shall be governed by and construed according to the laws of the District of Columbia, without regard to its choice of law rules. Any lawsuit filed regarding this Agreement must be filed in the United States District Court located in the District of Columbia, United States of America. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
FORCE MAJEURE. ABA shall not be liable or responsible to the Registrant or Licensee for any loss or damage for any delays or failure to perform due to causes beyond its reasonable control and/or causes making it illegal, impossible, or commercially impractical to perform including, but not limited to: acts of God, strikes, work stoppage, labor dispute, health epidemics or the outbreak of disease in the host city, war, riots, flood, fire, sabotage, terrorist activity or a threat thereof, cancellation or restriction of commercial air travel or other curtailment of transportation attendees from traveling to the host city, order or restriction by any governmental authority, or any other circumstances of like character. This Agreement may be terminated or performance excused immediately by ABA without penalty or liability for any one or more of such reasons.
1. In-Person ABA School. For any cancellation of in-person ABA School due to Force Majeure may offer Registrant the following options: (i) transfer the registration, at no cost, to another Event; or (ii) if available and being offered, select an alternative method of attendance (teleconference, video conference, webinar). The availability and delivery method of this option is at ABA’s sole discretion, or (iii) select to receive a full refund of the registration fees. Please note this policy governs the cancellation for the ABA School(s) only and any ancillary reservations or supplemental costs (i.e. shipping) will need to be cancelled separate and apart from the Section either directly through the Hotel, the applicable registration housing vendor, or third-party vendor.
ASSIGNMENT. Registrants may not assign this Agreement in whole, or in part, without the prior written consent of the ABA. Any attempted assignment absent such consent shall be void.
COMPLIANCE WITH LAW. The parties acknowledge and agree to fully comply with all applicable federal, state and local laws, ordinances, rules and regulations, which are applicable to either party’s performance of this Agreement.
CONFIDENTIALITY. Each party acknowledges, to the extent applicable, in the event information supplied by the disclosing party and designated as proprietary and/or confidential and disclosed in connection with the ABA School(s) (“Confidential Information”) is the proprietary information of the disclosing party. Further, the receiving party of any Confidential Information agrees: (i) to hold Confidential Information of the other party in strictest confidence; (ii) not to make use of Confidential Information of the other party other than to perform the obligations under this Agreement; and (iii) not to disclose Confidential Information of the other party to third parties except as directed by a party to this Agreement or as reasonably requested by third party providers of licensed content. “Confidential Information” will not include information that: (a) is in or enters the public domain without breach of this Agreement; (b) the receiving party previously possessed, or lawfully received from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (c) the receiving party develops independently, which it can prove with written evidence. Each party acknowledges the other party will have the right to obtain injunctive relief to prevent irreparable harm to its Confidential Information.
NOTICE. Any notices required or authorized to be given hereunder shall be deemed to be given when mailed by certified or registered mail, postage prepaid, as follows:
To ABA:
Jim Moye, Senior Vice President,
Office of the General Counsel
American Bankers Association
1333 New Hampshire Ave NW,
Washington, DC 20036
abaogcnotices@aba.com

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