3ABN - Three Angels Broadcasting Network

3ABN TERMS OF USE

Last Modified: January 11, 2021

1. Acceptance of the Terms of Use

    Welcome to the website of Three Angels Broadcasting Network, Inc.  (“3ABN”). These Terms of Use constitute a legal agreement between 3ABN and “you,” (and similar terms such as “your”) meaning: (i) you in your individual capacity, (ii) any company or other legal entity on whose behalf, or for whose benefit, you are accessing this Website, and (iii) any person or entity who may have rights through you. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website with a homepage located at www.3ABN.org, as well as subordinate and affiliated pages, including the careers page and all content, functionality and services offered on or through such website (collectively, the “Website”), whether as a guest or registered user.

    Please read these Terms of Use carefully before you start using the Website. By using the Website, except as indicated otherwise, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to this Terms of Use, you may not access or use the Website.


2. Changes to the Terms of Use

    3ABN may change these Terms of Use from time to time in our sole discretion without notice to you. When done, 3ABN will post the change(s) on the Website. By continuing to access or use the Website or any content after those changes have been posted, you agree to be bound by the revised Terms of Use.


3. Access and Use of the Website

    Access to the Website may be monitored by 3ABN. As a condition of your use of this Website, you will not use the Website or the Website information for any purpose that is unlawful or prohibited by these Terms of Use. In addition, you may not:

  • attempt to gain unauthorized access to the Website, any Website information, or any portion, feature, or area of the Website, or to any 3ABN server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other means;
  • probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or 3ABN’s systems or networks or any systems or networks connected to the Website;
  • use any device, software, or routine to interfere with, damage, disable, overload, or impair the proper working of the Website or with any other person’s use of the Website;
  • forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or information you send on or through the Website;
  • use the Website to harvest or collect phone numbers, email addresses, or other contact or personal information; or
  • use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact 3ABN.

    You may link to the Website home page, but are not authorized to link to any other page on the Website without the prior express written consent of 3ABN, provided that 3ABN reserves the right to withdraw this consent at any time in its discretion. You may not use any of 3ABN’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by 3ABN; 2) cause confusion, mistake, or deception; 3) dilute 3ABN’s trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

    Website information may refer to products, programs, or services that are not available in your country. Consult the Website for information about the products, programs, and services that may be available to you.


4. Intellectual Property

    All text, graphics, sound files, video files, user interfaces, visual interfaces, photographs, artwork, computer code (including html code), programs, software, products, information and documentation as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of any content, information, or materials contained on or available through the Website, unless otherwise indicated, are owned, controlled and/or licensed by 3ABN and affiliates of 3ABN and are protected by law, including United States copyright, trade secret, patent and trademark law, as well as other state, national and international laws and regulations.

    These Terms of Use provide to you a personal, revocable, limited, non-exclusive, and non-transferable license to access and use the Website for personal, non-commercial purposes conditioned on your continued compliance with these Terms of Use. 3ABN does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.

    Except as expressly provided herein, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, stored, displayed, modified, marketed, leased, sold, licensed, sublicensed, transmitted, or commercially exploited in any form for commercial use without the prior written permission of 3ABN. Modification of the documents, related graphics, and materials or use of the documents, related graphics, and materials for any other purpose is a violation of 3ABN’s copyright and other proprietary rights. In addition, you may not translate, decompile, create any derivative work(s) of, disassemble, remove, or alter any proprietary notices or labels, transfer, mirror, or frame the Website or any content therein in any manner not expressly permitted by these Terms of Use.

    Individual visitors of this Website are permitted to download or print one copy of material published on this Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. 3ABN does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.

    The trademarks, logos, and service marks (collectively referred to as “Trademark(s)”) displayed on this Website are registered and unregistered Trademarks of 3ABN or its affiliates and no trademark license either express or implied is granted by 3ABN or its affiliates. You do not have any right to use any Trademark displayed on this Website without prior written permission of 3ABN.

    Copyright Notice: © Three Angels Broadcasting Network 1996-2020. All Rights Reserved.


5. Postings

    The Website may contain blogs, message boards, forums, comment areas, and other interactive features where users can share and display materials, information, and commentary (“Posting(s)”). You agree that you will not post, transmit, or discuss any of the following on or through the Website or its Postings:

  • anything that interferes with or disrupts the Website or the operation of the Website;
  • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others;
  • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
  • statements or material that violate any contractual or fiduciary rights, duties or agreements;
  • statements or material that is bigoted, hateful, or racially offensive;
  • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
  • statements, images, or other material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  • statements or material that harm minors;
  • statements or material that impersonate any other person or entity, whether actual or fictitious, including employees and representatives of 3ABN;
  • statements or material that misrepresent your affiliation with any entity and/or 3ABN;
  • anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;
  • statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; or
  • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.

    You represent that you have all necessary rights, consents, or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that 3ABN has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to 3ABN a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. 3ABN assumes no responsibility for the deletion of or failure to store any Posting, content, or information. 3ABN is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.

    3ABN is not responsible for screening, policing, editing, or monitoring your or another user’s Postings. 3ABN does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, 3ABN reserves the right to delete or take other action with respect to Postings (or parts thereof) that 3ABN believes in good faith violate these Terms of Use, are (or potentially are) unlawful or harmful to 3ABN or its products, services and goodwill, or for any other reason in 3ABN’s sole discretion. If you violate these Terms of Use, 3ABN may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your access or use of the Website.

    You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials through the Website, including, but not limited to, when you provide information via an online form or via email.


6. Use of the Internet

    You are responsible for any costs you incur to access the Internet or the Website. You acknowledge and agree that use of the Internet and access to or transmission or communication with the Website is solely at your own risk. While 3ABN has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to or from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, 3ABN is not responsible for the security of any information transmitted to or from the Website.


7. Third Party Information

    Certain information available on this Website is provided by other parties, particularly information about such other parties and links to third party content. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and that 3ABN has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party, or a Web link to another party’s website an endorsement of such other party, their products, or their services.


8. Submission of Ideas Policy (“Submission Policy”)

    You agree any comments or materials sent to 3ABN’s site or elsewhere, including questions, comments, suggestions, or the like (collectively “Submissions”), shall be deemed to be non-confidential and non-proprietary and shall be deemed to be the property of 3ABN. 3ABN shall have no obligation of any kind with respect to such Submissions and 3ABN shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Submissions to others without limitation and without liability or obligation of any kind to you. Further, 3ABN shall be free to use any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever.,You agree you shall have no recourse, rights, claims or damages against 3ABN for any alleged or actual use, disclosure, infringement or misappropriation of any of your rights in your Submissions to 3ABN.


9. Feedback

    3ABN welcomes user feedback regarding its ministry, products, and services. In providing feedback, however, users should be mindful of 3ABN’s Submission Policy, set forth in these Terms of Use. If you want to send us your feedback, please provide only specific feedback on 3ABN’s existing products, services, promotions, or business. Do not include any submissions that 3ABN’s Terms of Use will not permit 3ABN to consider. All feedback shall be deemed non-confidential, non-proprietary, and 3ABN shall be free to use such feedback on an unrestricted basis. Your submission of feedback shall give 3ABN permission to use you name, photograph, likeness, statements, biographical information, voice, and address in all forms of media, in perpetuity, without notice or further compensation.


10. Disclaimer of Warranty

    All materials provided on the Website is provided to you “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the disclaimer set forth immediately above may not be applicable.

    3ABN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 3ABN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 3ABN) ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses, and other items of a destructive nature. Released Parties, as defined below, do not warrant or make any representations regarding the use or the result of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise.

    Released Parties make no representations or promises to develop, provide, or market any software, service, or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.


11. Limitation of Liability

    Neither 3ABN nor any of its related companies, affiliates, or suppliers, or its or their officers, directors, employees, agents, representatives, or subcontractors (“Released Parties”), shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the reasonable control of 3ABN. 3ABN shall have no responsibility to provide access to this Website while the interruption of this Website due to any such cause shall continue. 3ABN may discontinue providing access to this Website at any time.

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 3ABN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES ARISING OUT OF THE USE, RELIANCE ON OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF 3ABN OR A 3ABN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT SHALL 3ABN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

    Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above may not apply to you.


12. Indemnification

    You agree to release, defend, indemnify, and hold Released Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in any way connected with your access to or use of this Website or any Website information, or breach of these Terms of Use.


13. Export and Trade Controls

    You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your access and use of the Website. 3ABN makes no representation that the Website is appropriate or available for use in any particular location, and access to the Website from states, territories, or nations where any aspect of the Website is illegal is prohibited. You access the Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Website. You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Website or any content therein except in full compliance with all United States, foreign, and other applicable laws and regulations. You agree to assume all responsibility related to or in connection with your access or use of the Website.


14. Jurisdiction

    This Agreement shall be governed and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be performed in Illinois. You agree that any legal action or proceeding between 3ABN and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois.


15. Limitations on Causes of Action

    Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 3ABN’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 3ABN may assign its rights and duties under this Agreement to any party at any time without notice to you. 3ABN may terminate this Agreement at any time without notice for any reason.


16. Termination

    These Terms of Use will take effect as soon as you access or use the Website and will remain effective unless and until terminated by either you or 3ABN. You may terminate these Terms of Use at any time and for any reason by deactivating your account, if applicable, and by discontinuing any further access or use of the Website or any content from or related to the Website. In addition, by providing material on the Website, 3ABN does not in any way promise that the materials will remain available to you. 3ABN is entitled to terminate all or part of any of its Website at any time, without notice to you

    3ABN may terminate these Terms of Use at any time and for any reason and may do so immediately without notice. In addition, 3ABN reserves the right at any time and for any reason, including any actions or omissions by you that violate any term or condition of these Terms of Use, to terminate, suspend, or deny your access to or use of the Website (or any portion of the Website) or any content associated with the Website.

    The terms and conditions that by their nature should survive will survive termination of these Terms of Use for any reason, including, but not limited to, the following provisions: 4, 8, 10-12, 14, and 15.


17. Copyright Policy

    3ABN prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any submission, posting, or other content infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Website;
  • identification of the material on the Website that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Our designated Copyright Agent to receive notifications of claimed infringement can be reached at copyright@3ABN.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at mail@3ABN.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

    If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
  • your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

18. Notice and Procedure for Claims of Intellectual Property Infringement

    These Terms of Use prohibit users from violating another party’s intellectual property rights. For copyright claims, intellectual property owners should follow the terms related to removal of copyrighted material as set forth above. For other intellectual property violations, rights holders may submit a valid notice of intellectual property infringement to 3ABN via email at legal@3ABN.org. A valid notice of infringement must identify the following:

  • identification of the work claimed to have been infringed (e.g., trademark registration);
  • identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Website;
  • your contact information, including your address, telephone number, and a valid email address; and
  • a statement by you that you have a good faith belief that use of the material is not authorized.

    You may also contact us by mail at PO Box 220, West Frankfort, Illinois 62896.

    By submitting a valid notice of infringement, you agree that 3ABN may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, 3ABN may remove or disable access to the allegedly infringing content in its sole discretion. 3ABN may terminate the accounts of repeat infringers under appropriate circumstances.


19. Terms and Conditions for 3ABN Job Opportunities Site (“3ABN Jobs Site”) Access

    EEO COMPLIANCE. 3ABN considers all applicants for employment without regard to race, color, religion, creed, sex, sexual orientation, marital status, ancestry, national origin, age, disability or other status protected by local, state or federal law. 3ABN also provides “reasonable accommodations” to qualified individuals with disabilities, in accordance with the Americans With Disabilities Act and applicable state and local laws.

    A. No Expectation of Privacy

    By the use of this site, you expressly consent to the dissemination of your personal information within 3ABN and/or its authorized agents in furtherance of the purpose of this career site. All information submitted via this site becomes the property of 3ABN, which shall be free to use it in an unrestricted manner. There are no obligations of confidentiality regarding submitted information except as may be required by law. Any information submitted will be subject to unlimited use by 3ABN and the site administrators including the intended purpose of the career site, interpreted in accordance with the most expansive interpretation of such purpose

    Personal information you provide to the site will be processed in order to provide 3ABN’s recruitment group and related management with information regarding your interest in potential employment with 3ABN. By accepting these Terms and Conditions, you authorize 3ABN to use your information, including but not limited to any personal data or sensitive data to process your expression of interest in employment opportunities; to provide you with any services available on this site; to communicate with you; or to conduct any other processing relating to potential position vacancies at 3ABN. Such processing may include, but shall not be limited to, processing your personal information and transmitting it to other 3ABN affiliates, subsidiaries or third parties acting on 3ABN’s behalf, including but not limited to, those in the various countries where 3ABN conducts business

    B. Terms and Condition

  • General Descriptive Material Only
  •     This is a career opportunity site created to permit access to information regarding potential position vacancies within 3ABN. Nothing within the site is anything other than general descriptive material describing potential position vacancies. This site is not intended to and does not provide binding offers, terms or conditions of employment. Any employment offer that may result from the submission of information through this site, is in accordance with the specific written terms of that offer, which supersedes any and all contents of this site.

  • Governing Law
  •     This Career Site permits individuals to apply for specific jobs at 3ABN. Potential position vacancies described on this site are governed by the laws of the country where the potential position is located. By applying for a job through this site, you accept that (i) the laws of the country where the potential position vacancy is located will have exclusive jurisdiction over any disputes arising from your application; (ii) the laws of the country where the potential position vacancy is located shall apply to your application; and (iii) any 3ABN entity located in the country from which you submitted your application is not responsible or liable for the prerequisites or limitations to which your application may be subject under the laws of the country where the potential position vacancy is located. This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

        Unless otherwise dictated by local laws outside of the United States, this Agreement shall be governed and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be performed in Illinois. You agree that any legal action or proceeding between 3ABN and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 3ABN’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 3ABN may assign its rights and duties under this Agreement to any party at any time without notice to you. 3ABN may terminate this Agreement at any time without notice for any reason.


20. Privacy Policy

    See 3ABN’s Privacy Policy, which is incorporated in the Terms of Use, relating to the collection and use of information through this Website.


21. Relationship

    No joint venture, partnership, employment, or agency relationship exists between you and 3ABN as a result of these Terms of Use or your access or use of the Website.


22. Entire Agreement

    These Terms of Use shall constitute the entire agreement (including the Privacy Policy set forth herein) between you and 3ABN regarding the use of the Website. The failure of 3ABN to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.


23. Severability

    If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


24. Waiver

    Failure by 3ABN to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by 3ABN of that or any subsequent default or failure of performance.


25. No Assignment

    These Terms of Use are for the benefit of you and 3ABN, as well as 3ABN’s affiliates, successors, and assigns. Accordingly, these Terms of Use are personal to you, and you may not assign your rights or obligations to any other person or entity without 3ABN’s prior written consent.


26. Equitable Relief

    You acknowledge that any actual or threatened breach of these Terms of Use will cause irreparable injury to 3ABN, such injury would not be quantifiable in monetary damages, and 3ABN would not have an adequate remedy at law. You therefore agree that 3ABN is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any actual or threatened breach of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that 3ABN post any bond or other security if any injunctive or equitable relief is sought by or awarded to 3ABN to enforce any provision of these Terms of Use.