Terms and Conditions for Web Site use
This document was last updated on October 10, 2003
By accessing or using any areas of our Web site (http://www.arirent.com/
and all related servers operated by Asset Retrieval & Investigations), you are bound by the terms
and conditions set forth below, as well as the terms of our
Acceptable Use Policy and our Web Site Privacy Statement
. If you do not accept these terms and conditions, you may not access or use
this Web site. We retain the right to modify these terms and conditions at any
time by posting new terms and conditions on this page.
Permission to Use this Web Site
Many portions of this Web site are available for public viewing and use. You
must register or enter into a separate agreement with Asset Retrieval & Investigations to access
other portions of this Web site. Subject to the terms and conditions set forth
on this page, our Acceptable Use Policy and our
Privacy Statement, and the terms and conditions of any license or other
agreement pursuant to which you use our products or services, Asset Retrieval & Investigations,
Inc. grants you permission to do the following: (i) view and use for intended
purposes those portions of this Web site to which we have granted you access;
(ii) make one complete, unaltered electronic copy and/or one complete,
unaltered paper copy of any page on this Web site to which we have granted you
access, provided you retain all copyright, trademark and other proprietary
rights notices and that you use it solely for personal or internal business
purposes and do not distribute or republish it; (iii) obtain our products and
sign up for our services, subject to payment of all applicable charges and
agreement to the terms and conditions of any license agreement or other
agreement associated with those products and services; and (iv) use the
discussion forums, contact lists and e-mail links to which you have been
granted access to interact with Asset Retrieval & Investigations and other users of our products
and services in ways that do not violate our Acceptable Use
Policy
. Any other use of this Web site or its contents is prohibited without first
obtaining written permission from Asset Retrieval & Investigations.
Copyright, Trademarks and Other Proprietary Rights
This Web site contains text, data, software, photographs, graphics, videos,
music, sounds and other information and material that is protected by state,
national and international law pertaining to copyrights, trademarks, trade
secrets, and other proprietary rights. Unless indicated otherwise, all of this
content is the property of Asset Retrieval & Investigations and/or its licensors or affiliates,
and Asset Retrieval & Investigations and its licensors and affiliates reserve all rights with
respect to this Web site’s content, including, without limitation, all rights
to copy, display, distribute, transmit, modify, remove, and create derivative
works of it.
AriRent, ARIRENT, AriRent.COM and ARIRENT.COM are trademarks of Asset Retrieval & Investigations
Other trademarks, product names, company names and logos appearing on
this Web site are the property of their respective owners. You must obtain
permission from those owners before copying or using their trademarks, product
names, company names or logos.
Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this
Web site that are not password protected, subject to review and termination by
us at any time and for any reason. Please be aware that we continually update
and revise our Web site. We cannot guaranty that each page to which you may
provide a link will remain available or that its content will remain the same.
You may not link to our Web site in any way that might lead others to believe
that our Web site or any of its contents were created or are operated or
offered by you or any party other than Asset Retrieval & Investigations. Unless you have entered
into a separate written agreement with us permitting you to do so, you may not
frame or otherwise display any portion of our Web site or any of its contents,
nor may you place any text or other content on your Web site that states or
implies that there is any association between you and Asset Retrieval & Investigations.
You may not use any of Asset Retrieval & Investigations’s trade names, trademarks or any of the
textual content of our Web site as metatags in your own Web site, unless we
have granted you a license explicitly permitting you to do so.
Communication and Submissions via this Web Site
Whenever you communicate with Asset Retrieval & Investigations or others using this Web site,
including its forums and e-mail links, your communications are nonconfidential.
Asset Retrieval & Investigations is free to use all submissions, ideas and feedback contained in
your communications in any manner that is consistent with our
Privacy Statement
, including, but not limited to, incorporating your suggestions into our
product and service offerings without any financial or other obligation to you.
Member Account, Security and Password
If any of the products or services available to you on this Web site requires
you to open an account, you must complete the registration process by providing
us with current, complete and accurate information as prompted by the
applicable registration form. You may be asked to choose a user name and/or
password. You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify Asset
Retrieval & Investigations. immediately of any unauthorized use of your account or any
other breach of security. Asset Retrieval & Investigations will not be liable for any loss that
you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable for
losses incurred by Asset Retrieval & Investigations or another party due to someone else using
your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
Third Party Statements and Opinions
Asset Retrieval & Investigations is not responsible for any opinions, advice or statements made by
third parties. Except as required by law, we have no obligation to monitor
user’s postings to our forums or to remove or retain forum content, although we
reserve the right to do so.
Third Party Products, Services and Web Sites
Third parties may develop or provide tools, skins or other software
applications or components, materials, data, content or other products or
services for use with our products or services, some of which may be accessible
on or via this Web site. Asset Retrieval & Investigations makes no representation or warranty with
respect to the quality, reliability or non-infringement of any third party
product, service or material accessible on or via this Web site. Your rights
with respect to third party products, services or data may be subject to the
terms and conditions of separate agreements with the third parties providing
them.
This Web site may contain links to third party Web sites. These links are
provided solely as a convenience to you. Unless explicitly stated otherwise,
they are not intended as a certification or endorsement of the owner of the Web
site, the Web site’s content, or any products or services available on or via
the Web site. Asset Retrieval & Investigations does not control and is not responsible for linked
Web sites, or any Web sites (other than our own) that are linked to them.
No Warranties
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ASSET RETRIEVAL & INVESTIGATIONS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES,
CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY
CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS
CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS
CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE
AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability or quality of
any products or services AVAILABLE VIA this Web site (except as may be set
forth in any license or other agreement related to those products or services).
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT
BETWEEN YOU AND ASSET RETRIEVAL & INVESTIGATIONS PERTAINING TO Asset Retrieval & Investigations’s PRODUCTS OR
SERVICES, Neither Asset Retrieval & Investigations nor any of its affiliates will be liable for
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR
damages arising out of or RELATED TO use of this Web site OR ANY PRODUCTS OR
SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, whether as a result
of errors, omissions, LOSS OF DATA, defects, viruses, interruptions or delays
in operation or transmission, or ANY other cause. THIS LIMITATION OF LIABILITY
WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND
EVEN IF ASSET RETRIEVAL & INVESTIGATIONS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.
IN NO EVENT WILL ASSET RETRIEVAL & INVESTIGATIONS’ AND ITS AFFILIATES’ TOTAL LIABILITY WITH
RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE
EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US$1O.
Some jurisdictions limit the exclusion OF DAMAGES or limitation of liability,
so the above exclusions AND limitations may not apply to you. IF any part of
The exclusions of DAMAGES OR LIMITATION OF liability set forth above is
unenforceable under applicable law, ASSET RETRIEVAL & INVESTIGATIONS’ AND its affiliateS’
AGGREGATE LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and Import Restrictions
This Web site is controlled and operated by ASSET RETRIEVAL & INVESTIGATIONS from its offices
within the United States. ASSET RETRIEVAL & INVESTIGATIONS makes no representation that the
products, services and other materials available through this Web site are
appropriate or available for use in other countries, and access to them from
countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access
to and use of this Web site and our products and services. Some of these terms
and conditions may be modified or superseded by expressly designated legal
notices located on other pages of this Web site or by the terms and conditions
of the licenses or other agreements pursuant to which you obtain our products
or services. A specific provision in any of those notices, licenses or
agreements that addresses the same subject matter as a provision on this page
overrides the provision on this page.
No delay or failure to take any action or exercise any right that Asset Retrieval & Investigations
may take or exercise pursuant to these terms and conditions or applicable law
will constitute a waiver of that action or right by Asset Retrieval & Investigations.
Any litigation arising out of or related to your access to or use of this Web
site will be brought only in the United States District Court for the District
of Texas, or, if federal subject matter jurisdiction is lacking, then in the
Texas state trial court for the division and county in which Asset Retrieval & Investigations’ or
its successor’s or assign’s principal office in Texas is then located. By
accessing or using this Web site, you submit to the personal jurisdiction of
these courts and waive all objections to placing venue exclusively before them.
The prevailing party in any litigation will be entitled, in addition to any
other relief granted to it, to recover reasonable attorney's fees, expenses and
costs incurred in connection with the litigation.
The terms and conditions contained on this page will be governed by and
interpreted in accordance with the laws of the State of Texas, USA, without
regard to any of its choice of law rules that might lead to application of the
law of another jurisdiction. If any of the terms or conditions contained on
this page are determined to be invalid or unenforceable by a court of competent
jurisdiction, then the remaining terms and conditions will remain in full force
and effect, and the invalid or unenforceable term or condition will be deemed
superseded by a valid, enforceable term or condition that matches the practical
effect of the original provision as closely as possible. These terms and
conditions set forth our entire agreement with you related to your use of this
Web site, and they prevail over any other communications we may have regarding
its use, with the exception of an agreement signed by an authorized
representative of Asset Retrieval & Investigations that explicitly authorizes a use which is
inconsistent with these terms and conditions.