Last Updated: January 12, 2024
Please note that if any AR Homes® franchisee builder maintains any other website, this Policy does not apply. This Policy only applies to the Sites identified above. Because each individual AR Homes® franchise builder is a separate legal entity, owned and controlled by the third party franchisee, AR Franchising does not and cannot control any other data collection or processing by the individual franchisee builder.
We may modify this Policy at any time. All changes will be effective immediately upon posting to the Sites. Material changes will be conspicuously posted on the Sites or otherwise communicated to you.
Information We Collect
If you elect to provide data that personally identifies you or that can be used to identify you (“Personal Information”) such as your name, phone number, postal address, or email address, we will collect, use, and share such Personal Information pursuant to this Policy and applicable law. The Personal Information we collect falls into three categories: (a) information you provide to us; (b) information we collect through automated methods when you use our Sites; and (c) information we collect from other sources (as further detailed below). Personal Information is required to use certain features available on the Sites, for example, request more information about becoming a franchisee, receive or request data from us, and respond to communications from us (e.g., surveys).
Information You Provide
Prospective Franchisees. If you submit an inquiry or otherwise contact us with questions or interest in becoming a franchisee, we will use the information you provide to evaluate your request and answer your questions. Additional terms and conditions will apply to those who pursue becoming a franchisee.
Communications. You may submit your contact information to receive information and communications from us. If you provide us your contact information, we will use your information for the purpose of those communications and will also include you on any marketing communications. We may use third-party providers to deliver these communications to you. You can choose to unsubscribe from marketing emails from us by contacting us at firstname.lastname@example.org with “Unsubscribe” in the subject line, or by clicking “Unsubscribe” in the applicable email. Opting out of marketing communications does not opt you out of other, non-marketing communications from us. Please note that we may occasionally contact you for administrative or other purposes even if you unsubscribe from our marketing email list.
Career Opportunities. You may submit job application materials directly to us through our Site. We will only use and share those job application materials to evaluate your qualifications to work with AR Franchising. Your submission of an application or inquiry does not in any way require AR Franchising to review your information or consider you for employment. Submissions of job application materials for independently owned AR Homes® franchises will be shared directly with the applicable franchise.
Data Automatically Collected
Cookies & Other Tracking Technologies
A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable site and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a website that has implemented a persistent Cookie, the persistent Cookie is renewed, and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual website that you are visiting. A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We may not have control over how a third-party uses information collected through third-party Cookies.
- Make our Sites function properly;
- Provide personalized experiences;
- Tailor our interactions with you;
- Help with our marketing efforts;
- Provide us with valuable data and statistics about the usage and effectiveness of our Sites and to help us improve our Sites; and
- Help us improve our products and services.
The Cookies on our Sites may collect information such as:
- IP addresses assigned to the computers and other devices you use;
- Your internet service provider;
- Device ID number;
- Approximate geographic location;
- Browser type;
- Site pages visited;
- Websites you access before and after visiting the Sites; and
- dDta related to how and when you use the Sites.
We may combine information from Cookies with other Personal Information.
Most browsers automatically accept Cookies. You can disable this function by changing your browser settings but disabling cookies may impact your use and enjoyment of the Sites. Not all features or functions of the Sites may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Sites.
CALIFORNIA’S “DO-NOT-TRACK” REQUIREMENT. WE CURRENTLY DO NOT HONOR “DO NOT TRACK” REQUESTS.
Google Analytics. We use Google Analytics to collect and process information about your use of the Sites. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Sites.
Online Behavioral Advertising. We use third parties and/or service providers to provide interest-based advertising services. These services may serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits to websites (including this Site) over time and across different websites. The data collected may be associated with your Personal Information. These advertisements may appear on the Site and on other websites, and may be sent to you via email.
To change your preferences with respect to certain online ads or to obtain more information about ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you.
Data from Other Sources
We obtain data about individuals from various third-party companies and public sources, including without limitation AR Homes® franchise builders that may share your Personal Information back to us. We may combine that data with other Personal Information. This enhances our existing data about our users, improves our ability to contact you, and enhances our marketing capabilities.
Information We Do Not Intend to Collect
Sensitive Information. “Sensitive Information” is any information that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning health or sexual orientation. We do not intend to collect any Sensitive Information from you. Please do not provide Sensitive Information to us.
Children. The Sites is not directed at children under 18 years of age. We do not knowingly collect, use, or share Personal Information from children under 18. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information
Using Personal Information
We use Personal Information for the following purposes:
As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious or reasonably related to the purpose) at the point of collection. For example, we use Personal Information to respond to your requests, questions, comments, or complaints. We may also use Personal Information as requested or consented to by you, such as requesting information from our franchisees or requesting copies of AR Living® magazines.
Administration. We use Personal Information for administrative purposes, such as to inform our business strategies and to understand the Sites’ demographics and user preferences.
Site Management. We use Personal Information for Site management, such as troubleshooting problems, improving the content and functionality of the Sites, statistical and other analyses of the Sites, and to customize the Sites to you and our users.
To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Sites, or to other users of the Sites. We may also use Personal Information to address any website complaints, to seek business, financial or legal advice, and to respond to other legal requests.
Disclosure of Personal Information
We may share Personal Information with the following parties, in compliance with applicable laws:
Employees and Affiliates. We may share Personal Information with our employees and affiliates who have a need to know the information for our business purposes, development, and commercialization efforts.
Franchisees. We may share Personal Information with one or more of our franchisees. For example, if you request information from a franchisee or submit a complaint about a franchisee or their online content, we will direct your inquiry to the appropriate franchisee.
Third-Parties and/or Service Providers. We may share Personal Information with third parties and/or service providers that provide services for us. For example, we may share Personal Information with vendors to help us host and manage the Sites; send email communications on our behalf, provide targeted advertising and other marketing; improve the content and functionality of the Sites; perform data analysis and statistical analysis; troubleshoot problems with the Sites; provide public relations; provide email services; provide data processing; and support and provide the security of the Sites.
Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, AR Franchising or any other party.
Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to AR Franchising.
Change in Ownership. In the event AR Franchising is the subject of a change of control or in the event the Sites change ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s), and as part of the related due diligence process.
Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).
We are active on social media, including Facebook, X (formerly Twitter), Instagram, Pinterest and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Sites and our Social Media pages any comments or content that you post on our Social Media pages.
Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.
The Sites may contain links to other websites not owned or controlled by us whose information practices may be different than ours, such as our AR partners websites. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should consult these other web sites’ privacy notices, as we have no control over information that is submitted to, or collected by, these third parties.
We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed.
YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.
Access from Outside the United States
If you access the Sites from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by other jurisdictions.
AR Franchising, Inc.
160 Fountain Parkway N, Suite 210
St. Petersburg, FL 33716-1410
Phone: (727) 536-5900
Last Updated: January 12, 2024
Please note that if any AR Homes® franchisee builder maintains any other website, these Terms do not apply. These Terms only apply to the Sites identified above. Because each individual AR Homes® franchise builder is a separate legal entity, owned and controlled by the third party franchisee, AR Franchising is not responsible for the acts or omissions of a third party AR Homes® franchise builder.
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE AR FRANCHISING IN A CLASS ACTION LAWSUIT.
The Sites and their Content
The Site is designed to provide you with access to information about the AR Homes® brand and its system of independently owned and operated franchisee building companies. Certain portions of the Sites are controlled by individually owned and operated AR Homes® franchise builders. AR Franchising does not control the content posted by an AR Homes ® franchise builder, but reserves the right to address issues with such content that are brought to our attention.
AR Franchising grants you a personal, limited, and non-exclusive right to access, view and make personal and non-commercial use of the Sites and Content (defined below) for their intended purposes for which they are made available to you by AR Franchising.
Unless otherwise indicated, the Sites, including their design, text, audio, graphics, photographs, interfaces, icons, documentation, other components and content, selection and arrangement of elements, organization, graphics, and the software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and compilation, and other matters related to the Sites and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of AR Franchising or, as applicable, its vendors or licensors.
Products and Services
We present certain products and services on our Sites. Products and services are subject to availability, may not be available for immediate delivery or may not be offered by the AR Homes® franchise builder in your area. Displayed products and services on the Sites are not offers to you. The purchase and sale of products and services are subject to additional terms and conditions, including those of franchisees or third parties, and certain features and services may be optional or otherwise may incur additional fees. The actual details of the products and services we display on the Sites may differ from the actual products and services. Products and services are subject to change without notice at any time.
In addition, AR Homes® franchise builders have the ability to provide certain Content for display via the Sites such as floor plans, models, and other content, such as land postings to which such AR Homes® franchise builder has access. Any such Content is for informational purposes only. AR Franchising has no responsibility for Content made available by franchisees.
Intellectual Property Rights
The Sites, and their features, functionality, and Content are protected by copyright, trademark, and other intellectual property and proprietary rights, as well as applicable laws, including, without limitation, those of the United States. AR Franchising is the owner or licensee of the Sites and Content. Our posting of any Content on the Sites does not constitute a waiver of any right in such Content. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to AR Franchising or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Copyright © 2024 AR Franchising, Inc. All rights reserved.
We respect the intellectual property rights of others and we ask that you do the same. If you believe that that any of the Content on the Site is infringing your copyrighted materials, you may submit a request to us under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“). AR FRANCHISING WILL ONLY RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAWS.
Please be aware that if you knowingly, materially misrepresent that any material or activity on the Site: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
In accordance with the DMCA, if you believe any materials accessible on or from the Site infringe your copyright, you must provide a written notification to our designated agent listed below, that includes the following:
- Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed, with sufficient detail to permit us to locate it;
- A statement that you own the copyrighted work and that it be removed or disabled from the Site;
- Information sufficient to permit us to contact you, such as your name, address, telephone number and e-mail address;
- The following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent or by protection of law”;
- A statement that the notification is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner that is allegedly infringed;
- Your physical or electronic signature; and
- Your acknowledgment and agreement that the DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that materials infringe your copyright(s).
Please send either by email or written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:
AR Franchising, Inc.
Attn: DMCA Designated Agent: Kathi Gaston
160 Fountain Parkway N, Suite 210
St. Petersburg, FL 33716-1410
Feedback. When you provide comments or feedback about our Sites, the content on the Sites, or our products or services (“Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use the Feedback for any purpose and in any manner we, in our sole discretion, deem proper. We will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
Termination and Updates to the Sites
The layout, formatting, and features of and access privileges for the Sites shall be as determined or specified by us in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Sites. We may suspend or terminate the Sites, any Content or your account, in whole or in part, at any time in our sole discretion for any reason. We will not be liable if for any reason all or any part of the Sites or their content is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Sites, or the entire Site, to users, in our sole discretion.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites or Content and your Account, and we may restrict your access to the Sites, the Content or your Account.
Without limiting the generality of the previous sections, the Sites or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
You agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of the Sites. By accessing or using the Sites, you represent that you are at least eighteen (18) years of age. You also acknowledge and agree that use of the Internet and the Sites are solely at your own risk.
If you submit information to us regarding your interest in learning more about becoming a franchisee, you represent that all information you submit to us is current, accurate and complete. Additional terms and conditions will apply if you apply for and/or become a franchisee.
The Site may allow you to apply for certain career opportunities offered by AR Franchising or AR Homes® franchise builders. You must not upload or send us a resume or any other materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a resume or other materials does not in any way require AR Franchising to review those materials or consider you for employment. Career opportunity postings and descriptions are subject to change at our sole discretion without notice.
You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Sites. WE ARE NOT LIABLE FOR ANY VIRUS YOU MIGHT RECEIVE FROM OUR SITES OR LINKS ON OUR SITES OR FROM DOWNLOADING CONTENT, AND YOU ACCESS OUR SITES AND CONTENT AT YOUR SOLE RISK.
You may use the Sites and Content only for lawful purposes and in accordance with these Terms. Except as otherwise expressly stated elsewhere in these Terms:
- You shall not copy, duplicate, reproduce, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without our prior written consent. Without limiting the foregoing, you shall not copy, or use a copy of, this Sites or any of its Content without our prior written consent.
- You shall not use the Sites for unlawful purposes.
- You shall not submit inaccurate, incomplete, or out-of-date information via the Sites, or commit fraud or falsify information in connection with your use of the Sites.
- You shall not engage in data mining or similar data gathering or extraction activities from the Sites. You shall not use the Sites to harvest email addresses, names or other information of the users of the Sites or to spam other users of the Sites.
- You shall not access, use, or copy any portion of the Sites or Content, including through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You shall not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems (“Virus”).
- You shall not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
- You will not access the Sites for the purpose of engaging in competitive activities with us or our affiliates.
- You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, or (iv) use our computing resources beyond your authorization.
- Unauthorized, anonymous and/or pseudonymous communications are prohibited.
- You shall not frame, mirror or circumvent the navigational structure of any part of the Sites.
- You shall not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You shall not engage in any conduct while using the Sites that we consider inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
YOUR USE OF THE SITES AND THEIR CONTENT IS AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AR FRANCHISING, INC. NOR ANY PERSON OR ENTITY ASSOCIATED WITH THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER AR FRANCHISING, INC. NOR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE SITES WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PERMITTED BY LAW, AR FRANCHISING HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE. AR FRANCHISING ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITES. WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR REPRESENTATIONS, AND IF THESE LAWS APPLY TO YOU, THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AR FRANCHISING, ITS OWNERSHIP, FRANCHISEES, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS (TOGETHER, “AR PARTY(IES)”), OR ANY THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR THE SITES BE LIABLE UNDER ANY LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER APPLICATIONS, EVEN IF FORESEEABLE.
BY YOUR USE OF THE SITES, YOU ACKNOWLEDGE AND AGREE THAT AR FRANCHISING CANNOT CONTROL THE DAY-TO-DAY OPERATIONS OR ACTS OF THE INDEPENDENTLY OWNED AND OPERATED FRANCHISEES IDENTIFIED ON THE SITES AND THAT YOU ARE NOT RELYING ON ANY INFORMATION CONTAINED IN THE SITES TO DETERMINE WHETHER TO ENTER INTO A CONTRACT WITH A FRANCHISEE.
WITHOUT LIMITING THE PREVIOUS PARAGRAPHS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE AR PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, OR THESE TERMS, EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE AR PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS, SETTLEMENTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS, DUE TO, ARISING OUT OF, OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITES. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OBLIGATIONS HEREIN).
Waiver and Severability
Cooperation with Law Enforcement
AR Franchising will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD AR FRANCHISING AND THE AR PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Third-Party Websites and Content
The Sites may also contain certain third-party Content. We provide third-party Content for your convenience, not as an endorsement. The presence of third-party Content does not mean that we have reviewed the third-party Content or that there is any association between us and any third party. You access third-party Content at your sole risk. Nothing in these Terms grants you any rights to any third-party Content beyond the limited license granted above.
Arbitration and Waiver of Class Arbitration
YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THE SITES THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
- WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST AR FRANCHISING IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to AR Franchising’s right to appeal.
- Good Faith Discussions. You and AR Franchising must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
- Rules. You and AR Franchising agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and AR Franchising agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
- Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Sites, including as to the enforceability and/or formation of this agreement to arbitrate made between you and AR Franchising.
- Location. You agree that arbitration shall take place exclusively in St. Petersburg, Florida. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Time Limit. Any claim by you arising in connection with the Sites must be commenced by you within one (1) year of the dispute giving rise to the claim.
- Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this Section, you and AR Franchising each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
Use of the Sites is intended and only directed for users located within the United States. AR Franchising makes no representation that the Sites are appropriate or available for use outside of the United States. If you choose to access this Sites from a location outside of the United States, you do so at your own risk. THE EXISTENCE OF THE SITES OR ANY CONTENT SHALL NOT BE CONSTRUED AS AR FRANCHISING OFFERING SUCH SITES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITES OR CONTENT IS ILLEGAL OR PROHIBITED BY LAW.
AR Franchising, Inc.
160 Fountain Parkway N, Suite 210
St. Petersburg, FL 33716-1410
Phone: (727) 536-5900