The following Terms of Use (the “Terms of Use”) describe the terms under which You may use the information, materials and services at the websites owned and operated by or on behalf of AREA (individually and collectively referred to herein as the “Site”, which includes www.thearea.org, as well as any successor sites). “AREA” includes the AR Alliance Inc. (doing business as the AR for Enterprise Alliance) and its affiliates and subsidiaries. The Terms of Use include the Privacy Statement which is incorporated by reference herein. The terms “You” and “User” (and applicable variants thereof) as used herein, refer to all individuals and/or entities accessing the Site for any reason.
By using the Site You, on behalf of Yourself, if accessing the Site solely in Your capacity as an individual person, or for Yourself and such entity or entities that You, in the course of Your employment, consultancy, contracting, or subcontracting for such entity or entities, may be accessing the Site, (i) indicate that You expressly agree to the Terms of Use and the Privacy Statement and to be bound thereby; (ii) represent and warrant to AREA that You have the right, authority and capacity to agree to and be bound by the Terms of Use and the Privacy Statement (both for Yourself and such entity or entities that You, in the course of Your employment, consulting, contracting, or subcontracting for such entity or entities, may be accessing the Site); and (iii) represent and warrant that You will use the Site in a manner consistent with all applicable laws and regulations. If You do not or cannot agree to the Terms of Use and the Privacy Statement, do not use the Site.
You are prohibited from and agree, You will undertake no efforts or actions in furtherance of:
You are prohibited from and agree You will undertake no efforts or actions in furtherance of violating or attempting to violate the security of any portion of the Site, including, without limitation, security violations such as the following:
You are prohibited from and agree You will undertake no efforts or actions in furtherance of sending unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of commercial products or services to any User of the Site. You understand and agree that AREA (or any designated agent thereof) may investigate occurrences which may involve any of such prohibited or impermissible activities and may involve, and cooperate with, law enforcement authorities in prosecuting Users and others who are involved in such violations.
You are solely responsible for any content, files, messages or other information (“User Content”) that You submit, publish or display (collectively, “Post”) on any portion of the Site or otherwise transmit to other Users of the Site through the Site. By Posting User Content to any portion of the Site (including message/bulletin boards, forums and chat rooms), You automatically grant to AREA and You represent and warrant that You have the right to grant to AREA-an irrevocable, perpetual, fully-paid, royalty-free, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such User Content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content. You also warrant that the holder of any rights in such User Content has completely and effectively waived all such rights or validly and irrevocably granted to You the right to grant the license provided above. You also agree to permit any User to access, display, view, store, and reproduce such User Content for such User’s use.
With respect to User Content posted to any portion of the Site, AREA acts as a passive conduit for the distribution and publication of User Content and has no obligation (nor accepts any obligation) to screen or monitor any such User Content. If notified of Postings which allegedly do not conform to the Terms of Use, AREA may in its sole discretion investigate such allegation(s) and determine whether to take any action, including whether to remove or request the removal of the applicable User Content; provided, however, AREA shall have no liability or responsibility to Users for the performance or nonperformance of such activities. AREA may, at any time, review and delete any User Content that, in the sole and absolute judgment of AREA, violates the Terms of Use or any applicable law, rule or regulation, is offensive or illegal or violates the rights of or harms or threatens the safety of Users of any portion of the Site.
The Company reserves the right in its sole and absolute discretion to investigate and take any legal or other action against any person in violation of the Terms of Use, including the right to terminate and prevent access to the Site for violating the Terms of Use, any applicable law, rule or regulation and in such cases as the Company believes, in its sole and absolute discretion, that a User’s actions may be creating liability for AREA or any AREA member. AREA will terminate Your access to the Site if You repeatedly engage in copyright infringement. For information regarding sending a notice of claimed copyright infringement, please see the AREA Copyright Policy. AREA in no way represents, warrants or guarantees the truthfulness, non-offensiveness, accuracy or reliability of User Content or any other communications posted by Users or endorses any opinions expressed by Users. You acknowledge that any reliance upon User Content is and will be at Your own risk.
The materials made available on the Site, such as text, graphics, images, logos, icons, software and other resident content (collectively, “Site Content”) are protected under both United States and foreign copyright, trademark and other laws and proprietary rights. All Site Content other than the User Content is the property of AREA, its Members or content suppliers or vendors. You may view and access a single copy of the Site Content which You are authorized to access solely for Your own use. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written permission of the applicable copyright owner. Unauthorized use of the Site Content may violate copyright, trademark and other laws or proprietary rights.
All copyright, trademark or other proprietary notices contained in the original Site Content or any copy of such the Site Content must be retained. The use of Site Content on any other web site or in a networked computer environment for any purposes is prohibited. Permission for all uses of Site Content other than as provided for in the Terms of Use, including reproducing and distributing multiple copies of Site Content, or linking to any page at this site other than the homepage of the Site, must be obtained in writing from AREA. Notwithstanding the foregoing provided under the heading “Site Content,” authorized downloads of AREA products, reports, software and other products and publications to which an AREA Member or other legal or natural person is provided access or entitled pursuant to a separate written agreement between said Member or other legal or natural person and AREA shall be governed by the terms of such agreement. All trademarks, services marks, logos and trade names, whether registered or unregistered, that may be found on the Site are proprietary to AREA or to other companies. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owners or licensors thereof.
As You view the Site, You may encounter hyperlinks to certain other web sites. These hyperlinks are made available for User convenience only. Any such hyperlinks do not constitute or indicate (nor should such in anyway be construed to constitute or indicate) the approval, endorsement, sponsorship, affiliation or guarantee of AREA with respect to the organization sponsoring/maintaining such sites or any products or services referenced therein or affiliated therewith or the approval, endorsement, sponsorship, affiliation or guarantee of any third-party with respect thereto. Please note that when using the hyperlinks to third-party web sites You will be leaving the Site and our Terms of Use and Privacy Statement will not apply to Your activities on the applicable third-party web site.
Access to and use of Site Content and any other intellectual property or technology made available on or through the Site is granted with the specific understanding and requirement that responsibility for ensuring full compliance with all applicable U.S. and foreign export laws and regulations is being undertaken by You and Your company/organization. This includes an obligation to ensure that any individual receiving access hereunder who is not a U.S. citizen or permanent U.S. resident is permitted access under applicable U.S. and foreign export laws and regulations. In the event you are not certain whether You may lawfully obtain access to particular Site Content or other intellectual property or technology made available on or through the Site, You acknowledge and agree that it is Your obligation to consult with Your company’s/organization’s legal counsel to determine whether such access is lawful. You acknowledge and agree that any assessment of relevant export classification provided is solely for informational purposes and should not under any circumstances be relied upon. You acknowledge that it is still Your obligation to make Your own assessment of the applicable export classification and ensure compliance accordingly.
In all cases, Site Content or other intellectual property or technology made available on or through the Site may not be downloaded or otherwise re-exported (i) into, by or to a national or resident of any county to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s Table of Denial Orders or for advancing any purpose prohibited by U.S. law, including without limitation proliferation or development of nuclear, chemical or biologic weapons or for terrorist or criminal activities. By downloading or using any particular Site Content or other intellectual property or technology made available on or through the Site, You represent and warrant that You are not located in, under the control of, or a national or resident or any such country on any such list, or that you seek to advance any such prohibited purpose.
You are responsible for all uses of Your Site registrations, user identifications and passwords, whether or not authorized by You, and are responsible for maintaining and protecting the confidentiality of Your passwords. You agree to immediately notify AREA of any unauthorized use of Your user identifications, passwords or registration.
To the greatest extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall AREA be liable for any exemplary, punitive, special or consequential damages that result from the use or, or the inability to use, the materials made available on and through the Site, even if AREA or an authorized representative thereof has been informed of the possibility of such damages. THE MATERIALS PROVIDED ON AND THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AREA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AS TO NONINFRINGEMENT. AREA DOES NOT WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL OPERATE ERROR-FREE OR THAT ANY PORTION OF THE SITE AND ITS SERVICES ARE FREE OF COMPUTER VIRUSES OF OTHER HARMFUL MECHANISMS. If Your use of the Site or Site Content results in the need for servicing or repairing equipment or data, AREA is not responsible for those costs.
You agree to defend, indemnify and hold harmless AREA, its affiliates, and their respective members, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any portion of the Site, (ii) Your use of any Site Content, or (iii) Your breach of the Terms of Use. AREA will make reasonable attempts to provide notice to You of any such claim, suit or proceeding.
The Site is controlled and operated by AREA from its offices within the United States of America. AREA makes no representations that material on the Site is appropriate or available for use in other locations. Those who choose to access this site from locations outside the United States do so on their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from jurisdictions where the contents of the site are illegal or penalized is prohibited. This agreement shall be governed by and construed in accordance with the laws of the State of California, without respect to conflict of laws principles. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
AREA may revise the Terms of Use at any time, without notice, and as such, You should revisit this page periodically to make sure You are aware of the most recent terms because they will be binding on You. Your use of the Site after any such changes to the Terms of Use constitutes Your agreement to such changes.
The Terms of Use will remain in full force and effect while You are a User of the Site at any level. AREA reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of Your User Content from the Site and immediate termination of Your registration with or ability to access the Site and/or any other services provided to You by AREA. Even after You are no longer a User of the Site, certain provisions of the Terms of Use will survive, including those under the headings “User Generated Content and Submissions,” “Site Content,” “Limitations on AREA’s Liability, Disclaimers,” and “Indemnity.”
Notwithstanding the foregoing provided under these Terms of Use, with respect to the use, application and distribution of any authorized downloads of AREA products, reports, software and other products and publications from the Site to which an AREA Member or other legal or natural person is provided pursuant to a separate written agreement between said Member or other legal or natural person and AREA, the terms of such written agreement shall control and supersede any conflicting provision contained in these Terms of Use with respect to the use, application and distribution of such materials, related intellectual property and proprietary rights, disclaimers, warranties and indemnities.
If You have any questions about these Terms of Use, the Privacy Statement, the practices of the Site, or your experience on the site, please e-mail us.
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