AR FRANCHISING, INC. PRIVACY POLICY

At AR Franchising, Inc. (“we,” “us” or “our”), your privacy is of paramount concern to us, which is why we have developed this privacy policy to explain our practices regarding the use and disclosure of information we may obtain from users of our AR Franchising, Inc. Sites, located at https://arhomes.com and related sites [arthurrutenberg.com, arthurrutenberghomes.com, arh-franchise.com, arfranchising.com, arhomesfranchising.com] (collectively, the “AR Franchising, Inc. Sites”). We believe that our practices allow us to provide great information to you, without unnecessary use or disclosure of your information. This policy is incorporated into, and subject to, our Website Terms of Use. If you have questions regarding this policy, please send an email to arh-marketing@arhomes.com or write  13922 58th Street N, Clearwater, FL 33760,  writing “Privacy Policy” in the subject line.

Collecting Information
We do not collect any personally identifiable information from individuals unless specifically provided by the individual. We may also collect and store statistics and other information about the online activities of our visitors on an aggregate basis.

For reasons such as improving your experience at our AR Franchising, Inc. Sites or personalizing our AR Franchising, Inc. Sites to you (for example, providing additional information that we think will interest you), we may supplement the information that you provide with information from third parties.

Using Your Information
We, our franchisees, our affiliates, our co-branding partners, and/or our third party vendors, may access, use or disclose your personally identifiable information to operate, maintain, service or improve our site or their site, provide information to you, analyze our site to make it more effective, or for other general internal business purposes, or when we believe in good faith that the law requires it. We may disclose aggregated information about our site to third parties.

Contacting You
Occasionally we or our franchisees may send you email communications to provide information or offers that we or a franchisee think you will find useful. You can choose not to receive any future emails from AR Franchising, Inc. or franchisees or affiliates by following the procedure described in the “Controlling or Changing Your Information” section below. Please note that we may occasionally contact you for administrative purposes even if you unsubscribe from our email list.

Controlling or Changing Your Information
You may review, change, or request the deletion of your contact information and preferences at any time by sending us an e-mail requesting your name and contact information be changed or removed from our databases. However, to the extent that corrected or deleted information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases.

Cookies
We use cookies to assign a unique identification to your computer. Cookies are files that your browser places on your computer’s hard drive, which we may use to learn how you arrived at our site. Cookies are also used to save and retrieve your e-mail address, password and preferences so you do not have to re-enter this information each time you visit our site.

In some cases we may track or collect information about your use of our site by the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. These methods also allow us to resolve server problems or administer our site. We do not associate this information with any other personally identifiable information that you may have provided us.

Collection of Information by Third-Party Sites and Sponsors
Certain AR Franchising, Inc. Sites may contain links to other AR Franchising, Inc. Sites or other web sites whose information practices may be different than ours. 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.

Limits on Our Abilities
Your privacy is very important to us. However, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems.

In any event, we cannot and do not control our franchisees and cannot and do not guarantee that our franchisees will follow the terms of this privacy policy. Therefore, if you provide information to any of our franchisees, such information will not be subject to the terms of this policy.

Changes to Our Privacy Policy
If we decide to change our privacy policy, we will post those changes on our main AR Franchising, Inc. Site  so you will always be aware of what information we collect, how we use it, and under circumstances, if any, we disclose it.

AR FRANCHISING, INC. TERMS OF USE

Acceptance of the Terms of Use
The Site is offered to you by AR Franchising, Inc.(“AR Franchising” or “We” or “us”) subject to your acceptance without modification of all of the terms and conditions set forth here. These terms and conditions (“Terms of Use”) are entered into by and between you and AR Franchising, Inc. and govern your access to and use of the Site, including any content, information, features, and functionality available on or through the Site. Please read the Terms of Use carefully before you use the Site.

BY USING THE SITE YOU (A) REPRESENT THAT YOU ARE LOCATED IN THE UNITED STATES; (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THESE TERMS OF USE AND AGREE THAT THEY ARE AN AGREEMENT BETWEEN YOU AND US, AND (D) REPRESENT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. As a user of the Site, it is your responsibility to regularly review these Terms of Use.

The Site and its 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. AR Franchising, Inc. grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of the Site. Unless otherwise indicated, this Site, AR Homes®., and their design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site are protected under applicable intellectual property and other laws, including, without limitation, those of the United States. AR Franchising, Inc. is the owner or licensee of the Site and Content. All Content and intellectual property rights herein are protected pursuant to applicable copyright and trademark laws. Our posting of any Content on this Site does not constitute a waiver of any right in such Content. You shall not reproduce, duplicate, distribute (including by way of email or other electronic means), publish (including posting on another website) modify, copy, make derivative works from, sell, exploit or transmit any Content from this Site in any form or by any means. Such conduct is strictly prohibited without the express prior written consent of AR Franchising, Inc. The Content may only be used for personal, non-commercial purposes.

The layout, formatting, and features of and access privileges for the Site 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 Site. We will not be liable if for any reason all or any part of the Site or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, in our sole discretion. AR Franchising, Inc. may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.

License Grant and Restrictions
Subject to your compliance with these Terms of Use, we hereby grant to you a limited, revocable, non-transferrable, non-exclusive and non-sublicensable license to use of the Site. All rights to use the Site are granted on the condition that such rights are forfeited if you fail to comply with the Terms of Use. These Terms of Use provide only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, we reserve all rights not expressly granted by these Terms of Use. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering AR Franchising, Inc., AR HOMES® or the Site.

User Obligations
You agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). You also acknowledge and agree that use of the internet and the Site is solely at your own risk.

Intellectual Property Rights
The Site and their features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by AR Franchising, Inc., its licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

If you modify the features and functionality or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately. No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by AR Franchising, Inc. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks
AR Homes® name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AR Franchising, Inc. or its licensors. You must not use such marks without the prior written permission of AR Franchising, Inc..

Copyright Complaints
It is the policy of AR Franchising, Inc. to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be sent to our DMCA Designated Agent either by email or regular mail, at the following addresses:

By mail:

AR Franchising, Inc.
Kathi Gaston
13922 58th Street North
Clearwater, FL 33760
(727) 536-5900
kgaston@arhomes.com

For both mail and email notices, please include “Notice of Infringement” in the subject line.

Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use.

YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AR FRANCHISING, INC., AR Homes®, NOR ANY PERSON ASSOCIATED WITH  THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AR FRANCHISING, INC., AR HOMES® NOR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, AR FRANCHISING, INC.,  HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. AR FRANCHISING, INC. ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AR FRANCHISING, INC., , ITS OWNERSHIP, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SITE TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, 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, EVEN IF FORESEEABLE. BY YOUR USE OF THE SITE YOU ACKNOWLEDGE AND AGREE THAT AR FRANCHISING, INC. CANNOT CONTROL THE DAY-TO-DAY OPERATIONS OR ACTS OF THE INDEPENDENTLY OWNED AND OPERATED FRANCHISEES IDENTIFIED IN THE SITE AND THAT YOU ARE NOT RELYING ON ANY INFORMATION CONTAINED IN THE SITE TO DETERMINE WHETHER TO ENTER INTO A CONTRACT WITH A FRANCHISEE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to indemnify and hold harmless AR Franchising, Inc., AR Homes®., its owners, directors, affiliates, officers, agents and employees, licensors, service providers, and all third parties that provide content, information or Site to the Site from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions of content or information to the Site or any use of the Site’ content other than as expressly authorized in these Terms of Use.

Waiver and Severability
No waiver by AR Franchising, Inc. of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AR Franchising, Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms of Use will continue in full force and effect.

Governing Law
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, excluding any principles or rules of law that may direct the application of the law of another state.

Arbitration and Waiver of Class Arbitration
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1), and the place of arbitration shall be Clearwater, Florida, United States. The arbitration shall be held, and the award shall be rendered, in English. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.

The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Feedback
If you provide input or suggestions regarding the Site, including related to AR Homes® (collectively the “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.

Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and AR Franchising, Inc.  regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

International Use
arhomes.com is intended for users located within the United States. AR Franchising, Inc. makes no representation that arhomes.com is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

Contact Information
The Site is operated by AR Franchising, Inc. at 13922 58th Street North, FL 33760.

If you have any feedback, comments, requests for technical support, and other communications relating to the Site, please email us at: arh-marketing@arhomes.com

Any rights not expressly granted herein are reserved by AR Franchising, Inc.