Web Site Terms and Conditions
Investing in the Company’s common stock involves a high degree of risk. See the section entitled “Risk Factors” in our most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q for a discussion of the risks which should be considered in connection with the Company.
This website may contain forward-looking statements. Investors can identify forward-looking statements by the use of forward looking terminology such as “believes,” “expects,” “may,” “will,” “would,” “could,” “should,” “seeks,” “intends,” “plans,” “projects,” “estimates,” “anticipates,” “predicts,” or “potential” or the negative of these words and phrases or similar words or phrases and investors should be aware that there are various factors that could cause actual results to differ materially from such forward-looking statements including the risk factors listed on this website under the heading “Risk Factors”
Please review the risk factors in the Company’s most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q for a more complete list of risk factors, as well as a discussion of forward-looking statements.
AR Global Website Terms and Conditions
AR Global Investments, LLC and AR Capital, LLC (collectively, “AR Global”) make the Website (defined below) available to you for your information and as background for the products and services of AR Global and its parent companies, subsidiaries, affiliates and affiliated funds (collectively, the “AR Global Entities”, “we”, “our”, “us” and similar pronouns), subject to these Website Terms and Conditions (these “Terms and Conditions”).
The Website is offered by AR Global as a convenience to: (1) users of the Website; (2) a variety of legally and financially separate entities that make up the AR Global Entities; and (3) legally and financially separate entities that: (i) were or are sponsored or advised by one of the AR Global Entities; or (ii) have some common ownership with one or more of the AR Global Entities and from time to time may maintain business relations with any of the AR Global Entities. Each AR Global Entity and each other entity described within (2) or (3) above is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on the Website within AR Global Entities or such other entities.
By accessing in any manner (whether automated or otherwise) the Website on which these Terms and Conditions are posted (the “Website”), you agree on behalf of yourself, and any and all persons, companies and legal entities that you represent (“your principals”) and any and all employees and agents thereof (collectively, “you” and “your”) that you have read and agree to these Terms and Conditions, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Website. Certain features, products or software that you purchase or download from the Website may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them.
For purposes of these Terms and Conditions, the term “Website” includes the content, materials and information, and any portion thereof, and any other information or materials that may be available to you if you have created an account with the Website (collectively, “Content”), any subdomains of the Website, and those parts of the Website that you can access based on your account with the Website, if any.
You agree that these Terms and Conditions legally bind you in the same manner that a signed, written, non-electronic contract does. You may not use in any manner or attempt to access the Website if you do not agree to these Terms and Conditions. You represent and warrant that you are able to enter into legally binding contracts, including these Terms and Conditions, and that you are authorized by your principals, if any, (i) to access and use the Website; and (ii) to agree to these Terms and Conditions as a legally binding contract on behalf of you and your principals.
AR Global may change these Terms and Conditions at any time. Such changes will be effective when posted. By continuing to use the Website after we post any such changes, you accept these Terms and Conditions as modified.
NOTE: THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING INDIVIDUAL ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND ANY AR GLOBAL ENTITY. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING INDIVIDUAL ARBITRATION” SECTION BELOW.
- USE OF CONTENT. You may access and use the Website, including the Content, solely for your informational use in obtaining information regarding the AR Global Entities. Any other use (including any commercial use that is not expressly permitted) of the Content or the Website is expressly prohibited. All other rights in the Content and the Website are reserved by AR Global and its licensors, and you agree these Terms and Conditions do not grant you any rights in or licenses to the Website, except for this express, limited license. You will not copy, reproduce, upload, post, transmit, translate, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Website, or in any other way exploit any of the Content or any other part of the Website or any derivative works thereof, in whole or in part, in any manner or medium (including by email or other electronic means), without the express prior written permission of AR Global in its sole discretion. You may, however, print and/or save one copy of individual pages of the Website with or on your personal computer from time to time for your informational use. Material available through the Advisor-specific area of the Website is intended for Broker-dealer Use only and should not be provided to potential clients unless expressly approved for Client Use.
- PRODUCTS AND SERVICES. The information regarding the AR Global Entities, and their products or services, provided on the Website may change at any time. In addition, eligibility or suitability requirements may apply for access to this information or any transaction with or regarding the AR Global Entities and they may not be available in your geographic area. We control and operate the Website from the United States of America, and unless otherwise specified, the Content is presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Website are appropriate or available for use in other locations. If you choose to access the Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
- WEBSITE ACCURACY. You acknowledge that the Website (including without limitation the Content) may not be accurate, complete or current and may also include technical inaccuracies or typographical errors. The Content is provided as a convenience to visitors for general informational purposes only and should not be relied upon or used as the basis for making decisions without consulting primary or more accurate, complete or timely sources of information. Accordingly, you should independently verify all Content before relying on it, and all decisions based on information contained in the Website are your sole responsibility and at your own risk, and no AR Global Entity has any responsibility or liability for your decisions. If you need specific details about any information contained in our Website, you should contact AR Global as provided in the “Contact Us” section of the Website. Photographs on the Website are for illustrative purposes only. Investors in AR Global Entities may not acquire an interest in any or all of these properties.
- WEBSITE RESTRICTIONS; ELECTRONIC COMMUNICATIONS. As a condition of your access to and use of the Website, you represent and warrant that you shall not use the Website for any purpose that is unlawful or that is prohibited by these Terms and Conditions. You will not submit any false, misleading or inaccurate information to the Website. You will abide by all applicable local, state, national and international laws and regulations and all applicable contractual obligations when you use the Website, and you shall be solely responsible and liable for all of your acts or omissions in connection with your use of the Website. By ways of example, and not as a limitation, you will not use the Website to: (a) Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; (b) Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, unlawful, fraudulent, discriminatory, infringing, obscene, tortious, indecent, immoral or otherwise objectionable material or information, if you post something to the Website, such as comments or other content; (c) Transmit or upload any material to the Website that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (d) Interfere with, disrupt, overburden or harm the Website or our networks or servers, including, for example, by “flooding” the Website with requests; (e) Harvest or otherwise collect information from the Website, including by using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so), and including, for example, information about other users of the Website and information about the offerings, products, services and promotions available on the Website; (f) Use the account, login identification, or password of another party to access the Website, or obtain, or attempt to obtain access to areas of the Website or our systems that are not intended for access for you; (g) Otherwise attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through automated means, password mining or any other means, or otherwise use automated means to access the Website (except for search engines accessing the Website solely for web indexing purposes); (h) Restrict, inhibit or interfere with another individual’s or entity’s use or enjoyment of the Website; (i) Frame or display the Website (or any part of the Website) as part of any Website or any other work of authorship without the express prior written permission of AR Global, in its discretion; (j) “Stream catch” (download, store or transmit copies of streamed content); or (k) Circumvent or reverse engineer the Website or its systems. The AR Global Entities have no obligation to monitor use of the Website by you or any other person or entity, or to retain the content of any of your sessions on the Website.
By transmitting information or otherwise communicating with us through the Website, email or other electronic communications, you accept the risk that such information and communications, as well as any information and communications that we transmit to you, may be intercepted by third parties. We recommend that you do not send any confidential information to us by e-mail. If you choose to send any confidential information to us via e-mail or other electronic communication, you accept the risk that this information may be intercepted by a third party. Each AR Global Entity reserves the right at all times to monitor, review, retain and/or disclose any such information and communications in order to satisfy any applicable law, regulation, legal process or governmental request or as otherwise may be legally permissible. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
- DISCLAIMER OF WARRANTIES. THE WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL AND PROMOTIONAL PURPOSES. THE AR GLOBAL ENTITIES PROVIDE THE WEBSITE AND ITS CONTENT AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). THIS MEANS THAT THE AR GLOBAL ENTITIES MAKE NO PROMISES THAT:
- THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
- THE CONTENT WILL BE ACCURATE, COMPLETE OR UP-TO-DATE,
- THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE WEBSITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
- THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
THE AR GLOBAL ENTITIES LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE. ANY PRODUCTS AND SERVICES DISCUSSED, ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US.
NO CONTENT OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE, WILL CREATE OR IMPLY ANY REPRESENTATION OR WARRANTY OF ANY AR GLOBAL ENTITY NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT, MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO ALL AR GLOBAL ENTITIES AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE WEBSITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
- LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AR GLOBAL AND ALL OF THE AR GLOBAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, ADVISORY BOARD MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS (INCLUDING WITHOUT LIMITATION ANY BROKER DEALER ENTITIES THAT PROVIDE PRODUCTS OR SERVICES FOR YOU ARISING OUT OF, OR SEPARATE FROM, YOUR USE OF THE WEBSITE) (COLLECTIVELY, “AR GLOBAL PARTIES”) SHALL HAVE NO LIABILITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF ANY AR GLOBAL PARTY KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF THE AR GLOBAL PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE WEBSITE, WILL NOT EXCEED THE AMOUNT WHICH IS THE LESSER OF FIVE HUNDRED DOLLARS ($500) AND THE AMOUNT YOU HAVE ACTUALLY PAID TO THE AR GLOBAL PARTIES, IF ANY, FOR USE OF THE WEBSITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC WEBSITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF THE AR GLOBAL PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
- INDEMNIFICATION. You agree to defend, indemnify, and hold the AR Global Entities (and our respective members, managers, directors, officers, employees, contractors and agents) harmless from any and all claims, liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out or relating to your use of the Website, your submissions to the Website, or any violation of these Terms and Conditions, applicable law or any rights of a third party, by you or by someone accessing the Website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions and the termination of your use of the Website.
- MODIFICATIONS. The AR Global Entities reserve the right to modify, suspend or discontinue (temporarily or permanently) the Website or any portion of the Website, including any Content thereon, or your access to any of the foregoing, at any time and without notice to you. You agree that no AR Global Entity shall be liable to you or any third-party for any modification, suspension or discontinuation of to the Website or any portion of the Website, including any Content thereon, or your access to any of the foregoing.
- INTERNET ACCESS. To use the Website, you must at no cost to AR Global: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access; and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including without limitation a computer and modem or broadband Internet connection.
- WEBSITE REGISTRATION AND LOG IN. To access certain features or areas of the Website, you may be required to provide personal and/or demographic information as part of a Website registration or log-in process. In addition, certain features of the Website are only available to certain users (i.e., customers, partners, advisors, etc.) and, to access those areas of the Website, you will be required to log in using your username and email password.
You agree to provide true, accurate, current and complete information about yourself and your principal, if any, as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
- TERMINATION. The term (“Term”) of these Terms and Conditions shall be until either you or AR Global terminates your Website account or access, with or without cause at any time and effective immediately. You agree that the AR Global Entities shall not be liable to you or any third party for termination of these Terms and Conditions. Should you object to any terms or conditions of these Terms and Conditions or any subsequent modifications to these Terms and Conditions or become dissatisfied with the any part of the Website in any way, your sole and exclusive remedy is to immediately: (1) terminate use of the Website; and (2) notify AR Global in writing of your termination of your agreement to these Terms and Conditions. Upon expiration of the Term or termination of these Terms and Conditions, your license rights to the Website immediately cease. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms and Conditions will survive and remain in full force and effect after termination.
We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason, including for any violation by you of these Terms and Conditions. In addition, we have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights.
- BINDING INDIVIDUAL ARBITRATION.
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and any AR Global Entity regarding the Website or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any AR Global Entity or any of their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE AR GLOBAL ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY ANY AR GLOBAL ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO AR GLOBAL GENERAL COUNSEL, 405 PARK AVENUE, 14TH FLOOR, NEW YORK, NY 10022 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH THE AR GLOBAL ENTITIES THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY AR GLOBAL ENTITY, YOU MUST SEND WRITTEN NOTICE TO AR GLOBAL General Counsel, 405 Park Avenue, 14th Floor, New York, NY 10022 TO GIVE SUCH AR GLOBAL ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE
INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If AR Global or the AR Global Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, AR Global or the AR Global Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE AR GLOBAL ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
Continuation. This Section shall survive any termination of these Terms and Conditions or the provision of the associated services to you.
- EQUITABLE RELIEF. You acknowledge that any use or threatened use of the Website or Content in a manner inconsistent with these Terms and Conditions shall cause immediate irreparable harm to AR Global and/or the other AR Global Entities for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that AR Global and the other AR Global Entities shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. You agree and stipulate that AR Global and the AR Global Entities shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of $1000 shall be sufficient. Nothing contained herein shall limit the right of AR Global or any other AR Global Entities to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms and Conditions, as applicable.
- ASSIGNMENT. THESE TERMS AND CONDITIONS ARE PERSONAL TO YOU AND YOU MAY NOT ASSIGN, INCLUDING WITHOUT LIMITATION BY OPERATION OF LAW, CHANGE OF CONTROL OR OTHERWISE, THESE TERMS AND CONDITIONS, EITHER IN WHOLE OR IN PART, TO ANYONE. ANY ATTEMPT TO ASSIGN THESE TERMS AND CONDITIONS CONTRARY TO THIS SECTION WILL BE VOID AND HAVE NO EFFECT.
- INTELLECTUAL PROPERTY RIGHTS; COPYRIGHT NOTICES. ALL OF THE CONTENT AND INFORMATION ON THE WEBSITE, INCLUDING TEXT, IMAGES, GRAPHICS AND SOFTWARE, IS THE PROPERTY OF AR GLOBAL, LLC, EXCEPT AS OTHERWISE INDICATED OR AS MAY BE OWNED BY OTHER AR GLOBAL ENTITIES OR THIRD PARTY LICENSORS, AND IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IN ADDITION, THE COLLECTION, ARRANGEMENT AND ASSEMBLY OF CONTENT ON THE WEBSITE IS THE EXCLUSIVE PROPERTY OF AR GLOBAL, LLC AND IS LIKEWISE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY, HOWEVER, VIEW, DOWNLOAD AND PRINT, FROM TIME TO TIME, ONE COPY OF INFORMATION AND MATERIALS CONTAINED ON INDIVIDUAL PAGES OF THE WEBSITE (I) SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE PURPOSES AND FOR NO OTHER PURPOSE, AND (II) PROVIDED THAT NEITHER THE MATERIALS, NOR ANY COPYRIGHT AND OTHER PROPRIETARY NOTICES THEREIN, ARE MODIFIED OR ALTERED IN ANY WAY.
The Website is Copyright © 2017 AR Global Investments, LLC. All rights reserved.
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail using the contact information below. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms and Conditions or on the Website. We have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, AR Global Investments, LLC doing business as AR Global designates an agent as described below, to receive notifications of claimed infringement:
Legal name and address of service provider:
AR Global Investments, LLC
Name under which service provider does business:
Designated agent’s address:
405 Park Avenue, 14th Floor
New York, NY 10022
Telephone of designated agent:
The Website features trade names, logos and other trademarks and service marks that are the property of, or are licensed to, AR Global Investments, LLC or other AR Global Entities. The Website may also include trademarks or service marks of third parties. All of these trademarks are the property of their owners and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. You also agree not to use, copy, modify or display any of these marks in any manner likely to cause confusion or in any manner that disparages or discredits any AR Global Entities.
- NOTICE. Any notice required or allowed under these Terms and Conditions shall be deemed properly given and effective upon (a) (i) actual delivery, if delivery is by hand; (ii) upon receipt by the transmitting party of confirmation or answer back, if delivery is by telex, telegram or facsimile; (iii) five (5) days after delivery into the regular mail, postage prepaid by registered or certified mail, return receipt-requested to the respective party at the following address; or (b) if you have provided an email address, to you immediately upon transmittal of an email to such email address. If to you: Such notice will be sent to you based on the contact information you have submitted to AR Global. If to AR Global: 405 Park Avenue New York, NY 10022, ATTENTION: General Counsel or at such other address as the parties may designate by notice given pursuant to this clause or these Terms and Conditions.
- GENERAL. THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND THE AR GLOBAL ENTITIES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. Subject to Section 13 (BINDING INDIVIDUAL Arbitration), ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, STATE OF NEW YORK. EACH PARTY HEREBY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS IN THE FEDERAL OR STATE COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. The failure of any AR Global Entity to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. AR Global shall not be liable for delays or failure to make the Website (including without limitation the Content) available for any reason. AR Global makes the Website available hereunder as an independent contractor, and in no event shall there be deemed to be any agency, joint venture, partnership, employment or similar relationship between you and any AR Global Entity in connection with these Terms and Conditions or any use or access of the Website. Each party acknowledges that it is not entering into these Terms and Conditions on the basis of any representation not expressly contained in these Terms and Conditions. These Terms and Conditions, and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Website, constitute the entire agreement between you and AR Global (and the other AR Global Entities) concerning this subject matter, and supersede and cancel any and all prior or contemporaneous agreements or contracts, whether written or oral, with respect to the same.
YOU AGREE THAT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, OR THESE TERMS AND CONDITIONS, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
LAST UPDATED: MARCH 27, 2017