Terms & Conditions - Website Terms of Usage
1. Use Restrictions
Absent prior written permission from a manager of ARAG, LLC ("ARAG") you may not copy, distribute, republish, upload, post, or transmit information contained in this website ("Information") in any manner. Provided, however, you may download one copy of the Information onto one computer, provided you do not change the Information in any manner and further provided that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Information.
This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, use any type of data mining, robots, or similar data gathering or extraction methods on this website. Any Information downloaded by you from this website is merely licensed to you by ARAG. This license does not transfer to you any intellectual property rights in the Information under any patent, copyright, or trademark. All such rights remain with ARAG. Modifying, or using the Information for any purpose other than as specifically authorized herein violates ARAG's intellectual property rights. Absent prior written consent from a manager of ARAG you may not copy or imitate any elements of this website, including, but not limited to, graphics, digital images, logos, sounds, images, icons and buttons, protected by trade dress and other laws. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. Absent prior written consent from a manager of ARAG, you may not use framing, metatag or hidden text techniques in association with any ARAG trademark, logo or other copyrighted or proprietary information.
ARAG will prosecute all violations of ARAG's proprietary rights and of any other violation of this Agreement to the fullest extent permissible under applicable state, federal and/or international law.
2. Restricted Rights
ARAG grants you only RESTRICTED RIGHTS regarding use of the Information and website. Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is ARAG, LLC, 400 Locust Street, Suite 480, Des Moines, Iowa 50309 .
User acknowledges that transmissions by User to or from this website ("Transmissions") are non-confidential and that others may read and/or intercept such Transmissions. ARAG has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this website or ARAG's server and to edit or delete any Transmissions which violate any term of this Agreement. User hereby consents to ARAG's collection and use of such Transmissions in accordance with ARAG's then current Privacy Statement and acknowledge that submitting Transmissions to this website creates no confidential or fiduciary relationship between User and ARAG.
You agree to defend, indemnify and hold ARAG, its parents, subsidiaries, affiliates, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this website, including, but not limited to: (1) your submission to this website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
5. Limitation of Liability
IN NO EVENT SHALL ARAG, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARAG'S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF ARAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT ARAG'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO ARAG IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT ARAG MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. ARAG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) ARAG DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) ARAG DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
Inclusion of an attorney on the ARAG website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, including the amount of reduced fees. Though ARAG uses reasonable efforts to maintain its attorney information, accuracy and/or completeness of the information is not guaranteed. Should you find errors or out-of-date information, please notify us at 866-ARAGLAW (866-272-4529).
ARAG may periodically change the Information. ARAG reserves the right to implement such changes, at any time without notice to you. Unless specifically indicated in writing to the contrary, no reference in this website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply ARAG's endorsement or sponsorship thereof.
7. Links to Third-Party Sites
This website includes hypertext links to other websites and ARAG has no control over, and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against ARAG regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this website's use of hypertext links to other websites does not imply ARAG's sponsorship or endorsement of any such websites.
All copyrightable Information (other than this website Terms of Usage and the Privacy Statement ), including the selection and arrangement thereof are copyright © 2000-2011 ARAG. ALL RIGHTS RESERVED. This website's Terms of Usage and Privacy Statement are copyright © 2000 Brett J. Trout, Esq. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit, the Information in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of ARAG.
9. Copyright Infringement Notice
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), ARAG has designated an agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to this website. You must submit all such notifications relating to this website in a manner consistent with the DMCA to the following agent:
Website Content Provider: ARAG, LLC.
Designated Agent for Receipt of Infringement Notification: Ann Cosimano, Corporate Counsel
Designated Agent's Address: 400 Locust Street, Suite 480, Des Moines, Iowa 50309
Designated Agent's Telephone Number: 515-246-1200
Designated Agent's Facsimile Number: 515-246-8710
Designated Agent's E-mail Address: Legal@ARAGgroup.com
All trademarks used on this website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, ARAG, the ARAG Group and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this website ("Marks") are trademarks of ARAG and/or its affiliates. Absent prior written consent from a manager of ARAG and/or its affiliates, you may not copy, imitate or use any portion of the Marks.
11. Impermissible Activity
You must not use this website or the ARAG server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
12. Data Collection and Use
Your Transmissions are subject to ARAG's Privacy Statement. By using this website, you agree to review the Privacy Statement, and be bound by its terms and conditions. From time to time, ARAG may change its Privacy Statement without notice to you. Your continued use of this Website after the posting of any changes, shall constitute your agreement with and acceptance of such changes.
ARAG does not knowingly collect data directly from anyone under 13 years of age. If you believe ARAG has inadvertently collected any such data, please contact our website administrator at Service@ARAGgroup.com for information regarding removal of any such data from our files.
13. Monitoring the Site
14. Governing Law
Either you or ARAG may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. ARAG may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this website. ARAG will refund the unused prorated portion of your payment upon receipt of written notice of termination.
If any portion of this Agreement or the Privacy Statement is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
If you do not agree to these Terms of Usage, please do not register with or enter this website. Your use of the website signifies your acceptance of these terms. As these terms are subject to change at any time without notice, please check them before using the website to determine whether a change has been made.