INTRODUCTION
Welcome to the A&R Select, Inc. website owned and operated by A&R Select, Inc. (referred to as A&R Select) The site is made up of various web pages; a complete list of these web pages can be found at www.arselect.com under the heading "Complete List of A&R Select Sites." The number of sites on A&R Select.com may increase or decrease from time to time. Any new Products and Services (as defined below), including the addition of new A&R Select, Inc. properties shall be subject to these Terms of Use.
A&R Select makes available a variety of products and services through the A&R Select website ("Products and Services") subject to these Terms of Use ("Terms of Use"). Also, there are special products and services offered through the A&R Select website that have separate registration measures and separate terms of use, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the A&R Select website that does not have a separate legal agreement, the Terms of Use presented here will apply. A&R Select, Inc. also may complement its Terms of Use with guidelines or rules pertinent to specific areas of the site. In addition, the site may offer other services from time to time that are governed by the terms and conditions of the respective service partners.
TABLE OF CONTENTS
- Acceptance
- Terms and Restrictions on Use
- Privacy
- Responsibility for Minors
- Conduct of User
- Disclaimer of Warranties
- Limitation of Liability
- Disclaimer Regarding Third Party Content
- Professional Information Disclaimer
- Indemnity and Release
- Limitation of Actions
- Intellectual Property Infringement Claims
- Arbitration, Governing Law and Convention for Disputes
- Changes In Terms Of Use and Changes in Products and Services
- Merger
- Non-Waiver and Separability
- Relationship of Parties
- Termination; Survival
- Communications with Users
- Violations of Terms of Use
1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use and any other posted guidelines or rules applicable to any individual A&R Select, Inc. web site, Product or Service.
2. TERMS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms of Use. You acknowledge and agree that A&R Select, Inc. may terminate your access to the website or to any of the Products and Services should you fail to comply with the Terms of Use or any other guidelines and rules published by A&R Select. Any such termination shall be in A&R Select's sole discretion and may occur without prior notice, or any notice. A&R Select further reserves the right to terminate any user's access to the site or to any of the Products and Services for any conduct that A&R Select, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to A&R Select or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. A&R Select further reserves the right to terminate any user's access to the site or to any of the Products and Services for any reason or for no reason at all, in A&R Select 's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.arselect.com/ or another of the URLs associated with the site. The majority of the site's content is comprised of online shopping offers; individuals who are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. Minors, under the age of 18, are not permitted to access the site without parental consent. If A&R Select learns that anyone under the age of 13 has accessed the Products and Services, A&R Select will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
A&R Select does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other private status.
3. PRIVACY
You acknowledge receipt of the A&R Select Privacy Policy,
4. RESPONSIBILITY FOR MINORS
If you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Products and Services; and (c) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. CONDUCT OF USER
The site does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the A&R Select, Inc. be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services.
6. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, A&R SELECT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, A&R SELECT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. A&R SELECT ALSO DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT A&R SELECT DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. A&R SELECT DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. A&R SELECT DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the abovementioned disclaimers may not apply to you.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL A&R SELECT OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF A&R SELECT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL A&R SELECT OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the abovementioned limitation may not apply to you.
8. DISCLAIMER REGARDING THIRD PARTY CONTENT
The website offers access to numerous third party web pages and content available over the Internet. A&R Select has no control whatsoever over the content over the sites displayed as search results or contained within a directory of links. A&R Select may set guidelines for what may or may not appear on its web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the website from such sources is developed by people over whom the website exercises no control. The search results from the website may be from third party companies, not A&R Select; A&R Select has no control over the search results queried from its websites. Accordingly, neither the website nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the company website.
9. PROFESSIONAL INFORMATION DISCLAIMER
The website makes available certain information related to various professional fields such as fashion, manufacturing, distribution, and sales. IF YOU PLAN ON USING ANY OF THIS INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS PRESENTED ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the website is made available subject to The A&R Select, Inc. Terms of Use, including the Disclaimer of Warranties and Limitation of Liability presented above.
A&R SELECT, INC. STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
10. INDEMNITY AND RELEASE
By using the web site you agree to indemnify A&R Select, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the web sites, your use of the Products and Services, or your submission of ideas and/or related materials to A&R Select or from any person's use of any account or password you maintain with any portion of the website, regardless of whether such use is authorized by you. By using the website, using the Products and Services, or submitting any ideas and/or related materials to A&R Select, you are hereby agreeing to release A&R Select and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to A&R Select. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES, SPECIFICALLY THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the website or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
12. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the company to rapidly respond to claims of intellectual property infringement. A&R Select will hastily process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the company will act swiftly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act quickly to remove or stop access to any reference or link to material or activity that is claimed to be infringing. The company will terminate access for account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Infringement Claim Officer
A&R Select
7095 hollywood blvd #1018
Hollywood, CA 90028
Or, you may E-mail us. info@arselect.com
Please put "To: Infringement Claim Officer" in the subject line of all such notifications.
13. ARBITRATION, GOVERNING LAW AND CONVENTION FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be interpreted in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and of Use or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of Illinois shall be the exclusive convocation and venue to resolve disputes arising out of or relating to these Terms of Use or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms of Use, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.
14. CHANGES IN TERMS OF USE AND CHANGES IN PRODUCTS AND SERVICES
A&R Select reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. A&R Select reserves the right to modify these Terms of Use from time to time, without notice. Please review these Terms of Use from time to time so you will be receptive of any changes.
15. MERGER
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between A&R Select's representations and you with respect to the subject matter hereof; except that any other terms of use located on any individual A&R Select web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms of Use. To the extent that any other terms of use or terms of service conflict with these Terms of Use, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
16. NON-WAIVER AND SEPARABILITY
A&R Select's failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms of Use remain in full force and effect.
17. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and A&R Select are independent contractors under these Terms of Use, and nothing herein shall be interpreted to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms of Use has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
18. TERMINATION; SURVIVAL
These Terms of Use shall continue in effect for as long as you use the Products and Services, unless purposely ended earlier A&R Select. All conditions of these Terms of Use which enforce continuing obligations shall survive termination of these Terms of Use.
19. COMMUNICATIONS WITH USERS
You consent to receive communications electronically from A&R Select. A&R Select may provide these communications to you by sending an email to the email address you provided in connection with a purchase you made on the website or by posting the communication on the website. You will not receive communications by telephone or by postal mail unless otherwise requested by you; A&R Select has the right to reject, for any reason, any type of communication requested by you, unless otherwise legally obligated.
In order to receive communications with A&R Select, a valid email address to which A&R Select may send electronic mail is needed. Your computer must also have a modem or other means of Internet access, an Internet browser, and email software (usually available for free on the Internet).
20. VIOLATIONS OF TERMS OF USE
Should you violate these Terms of Use or any other rights of A&R Select and the website, A&R Select reserves the right to pursue any and all legal and unbiased remedies against you.
If you are aware of any violations of these Terms of Use, please report them to:
A&R Select Abuse Supervisor
7095 hollywood blvd #1018
Hollywood, CA 90028
Or, you may E-mail us.
Please read the entire Terms of Use, as all A&R Select properties, Products and Services are offered subject to these Terms of Use.
We hope that by reading these Terms of Use, you have gained an understanding of the guidelines set forth for A&R Select, its properties and Products and Services. Thank you for taking the time to read these Terms of Use and we hope you enjoy our Products and Services.
Last updated July 27, 2006 |