PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms of use ("Site Terms") apply to your access to, and use of, the Web site of Arbour Group, LLC ("Arbour Group," "we," "our," or "us"), located at http://www.arbourgroup.com (the "Site"). These Site Terms do not alter in any way the terms and conditions of any other agreement you may have with Arbour Group, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Arbour Group for violations of these Site Terms by you or others on behalf of such entity.
1. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Arbour Group logo, and all designs, text, graphics, user interfaces, visual interfaces, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Arbour Group or its licensors or users and are protected by U.S. and international copyright laws and various other intellectual property rights. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials, provided that you (a) do not remove any proprietary notice language in any copies of such documents; (b) use such information for your own personal, non-commercial informational purposes; (c) do not copy, post, distribute or public display any Site Materials in any other media; (d) make no modifications to any such information; (e) do not use any data mining, robots or similar data gathering or extraction methods; (f) do not download (other than page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly provided on the Site; and (g) do not use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Arbour Group, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
2. Trademarks
Arbour Group®, the Arbour Group marks, logos and any other product or service name or slogan contained in the Site are trademarks of Arbour Group and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Arbour Group or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing " Arbour Group," " Arbour Group, LLC," "Arbour International," or any other name, trademark or product or service name of Arbour Group without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/ or trade dress of Arbour Group and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
3. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Arbour Group or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Arbour Group logo or other proprietary graphic of Arbour Group to link to this Site without the express written permission of Arbour Group. Further, you may not frame or utilize framing techniques to enclose any Arbour Group trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Arbour Group's express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Arbour Group or any third party. Arbour Group makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites linking to the Site.
4. Third Party Content
Arbour Group may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content"). Arbour Group does not endorse or adopt any Third Party Content, and the inclusion of any Third Party Content does not imply affiliation, endorsement or adoption by Arbour Group of any site or any information contained therein. Further, Arbour Group makes no guarantee as to its accuracy or completeness, or any claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party Web sites accessible from the Site, or Web sites linking to the Site. Arbour Group does not represent or warrant the accuracy of any information contained in any third party Web site and undertakes no responsibility to update or review any Third Party Content. If you decide to use such Third Party Content or access a third party web site through the Site, you do so at your own risk.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
5. Advertisements; Third-Party Products and Services
Arbour Group may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Arbour Group is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Arbour Group advertisers or third party information on the Site.
6. Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Arbour Group or Arbour Group's products or services that are provided by you in the form of email or other submissions to Arbour Group, or any postings on the Site are non-confidential and shall become the sole property of Arbour Group. Arbour Group shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Registration Data; Account Security
In consideration of your use of the Site, to the extent any registration is required to use the Services or access any portion of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Arbour Group, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Arbour Group.
8. Export Restrictions
Any software and all underlying information and technology downloaded or viewed from this Site (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
9. Press Releases
The information contained within press releases issued by Arbour Group should not be deemed accurate or current except as of the date the release was posted. Arbour Group has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
10. Indemnification
You agree to defend, indemnify and hold harmless Arbour Group, its affiliates, independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site, (b) any Submissions you provide, (c) your violation of these Site Terms, (d) your violation of the rights of any third party, or (e) your conduct in connection with the Site.
11. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ARBOUR GROUP, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARBOUR GROUP AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, THE INFORMATION, CONTENT AND ALL OTHER MATERIALS IN THE SITE. NEITHER ARBOUR GROUP NOR ITS AFFILIATES REPRESENT OR WARRANT THAT MATERIALS IN THE SITE, THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Liability
NO EVENT SHALL ARBOUR GROUP, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT) OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM ARBOUR GROUP OR ITS AFFILIATES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARBOUR GROUP'S PROGRAMS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARBOUR GROUP OR ITS AFFILIATED COMPANIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE MATERIALS EXCEED $50.00.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
13. Applicable Law; Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Cook County, Illinois and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
14. Termination
Notwithstanding any of these Site Terms, Arbour Group reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
15. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then such: (a) provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) provision will be void to the extent it is held to be invalid or unenforceable; (c) provision will remain in effect to the extent that it is not invalid or unenforceable; and (d) invalidity or unenforceability will not affect any other provision of these Site Terms.
16. Modifications
Arbour Group reserves the right to change or modify any of the terms and conditions contained in the Site Terms, any policy or guideline of the Site, and any and all content contained in the Site or Services offered through the Site at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
17. Questions & Contact Information
Questions or comments about the Site may be directed to Arbour Group at the email address info@arbourgroup.com or by calling us at 1-888-272-6872.