terms of use

Terms Of Use For The AR Group, LLP

  1. Use is Acceptance and Forms an Agreement. Your use of theARgroup.com web site constitutes your acceptance of these terms of use, so please review them carefully.  Please review the following terms of use (“Terms of Use”) that govern your use of theARgroup.com (http://www.theARgroup.com), a product of The AR Group, LLP, a Colorado limited liability partnership (“The AR Group”). These terms of use form an agreement between you and The AR Group that governs your use of theARgroup.com. Some of the The AR Group services may be available without need to sign in, and others may be accessible only after you sign in. Please read the requirements of these Terms of Use carefully. Your use of or registration for any The AR Group services or access to theARgroup.com will constitute your agreement to comply with these Terms of Use. If you do not agree with and agree to comply with these Terms of Use, please do not use this website and exit theARgroup.com immediately.
  2. Modification to the Terms of Use. The AR Group may modify these Terms of Use at any time in its sole discretion. All changes are effective at the time we post them, and those changes will apply to any subsequent access and use of the website by you. Each time you access theARgroup.com, you will be deemed to have accepted any such changes. But any changes to the dispute resolution provisions set forth in Jurisdiction and Governing will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the website. If we do modify these Terms of Use, we may (at The AR Group’s discretion) provide you no notice or notify you of such changes via e-mail at the e-mail address you provided to The AR Group at the time of registration.
  3. Termination of Your Use. We may terminate or suspend your access to all or part of the website for any or no reason, including but not limited to your failure to comply with these Terms of Use, in addition to The AR Group’s other remedies.
  4. Termination of theARgroup.com or The AR Group Services. The AR Group may at any time and without notice, terminate theARgroup.com in part or in its entirety or any products or services offered through theARgroup.com.
  5. Privacy Policy. Please read our Privacy Policy [make this a hot link that would take you to the privacy policy] to better comprehend how we collect and use your personal information. Your use of theARgroup.com also constitutes your agreement to our Privacy Policy.
  6. The AR Group Ownership. theARgroup.com is owned and operated by The AR Group. Unless otherwise noted, The AR Group either owns or has otherwise obtained a license from a third party to use: the design and content of theARgroup.com, including illustrations, images, artwork, graphics, photography, product layout and design, icons, navigational buttons, audio, software, text, data, and other information and materials as well as the assembly and arrangement of those components (the “Site Content”).  The site, as a whole and in part, is protected by copyright, trademark, and other intellectual property and other proprietary rights.  All rights are reserved.
  7. Site Content.
    1. No Attorney-Client Relationship. The materials on this site have been prepared by The AR Group, LLP (“The AR Group”), its attorneys and its associates for informational purposes only. The materials do not constitute legal advice or a legal opinion on any subject matter or on any specific set of facts or circumstances. Materials and information supplied through this site should not be used as a substitute for seeking professional legal, compliance, or human resource management advice or counsel. This web site is not intended to and does not create an attorney-client relationship and submission of information through this website or by email does not create an attorney-client relationship.
    2. E-Mail Communications. Please be advised that to the extent you communicate with The AR Group via email or this website in connection with a matter for which we are not retained representatives, such communication may not be treated as privileged or confidential and thus may be disclosed to others. You should not send any confidential information to The AR Group until a formal attorney-client relationship is established. To the extent that you communicate with us by email in connection with a matter for which we have been retained, please recognize that Internet email is not completely secure and may be subject to interception. Accordingly, you should avoid sending sensitive, confidential, or proprietary email messages unless they are adequately encrypted. By sending emails and other information to The AR Group, you confirm and represent that all information submitted to us will be original and will not violate or infringe any copyright, trademark, right of privacy or publicity, or other proprietary right of any part and will not constitute libel or otherwise violate applicable law or the rights of third parties.
    3. Advertising. This website is not intended as advertising or solicitation in any jurisdiction where the site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction. The AR Group does not seek to represent anyone based solely upon a visit to this website or upon advertising, or where to do so would violate applicable local laws and rules. The hiring of a lawyer is an important decision that should not be based solely upon written information about qualifications and experience. The AR Group has endeavored to comply with all known legal and ethical requirements in compiling this website.
    4. No Guarantees. There is no guarantee that the information on this site is up-to-date, complete, accurate, or applicable to your particular circumstances. All information is provided “as is” and we disclaim all warranties, express or implied. The content on this site may not reflect current legal developments or legislation. You should not act or rely on any information contained on this site or its applicability to any set of facts or circumstances without first seeking legal or other professional advice by a professional specifically retained by you. The AR Group is not liable for lost profits, lost revenues, or any special, indirect, incidental, consequential, or punitive damages relating to any services, information, or materials provided. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitation and exclusions may not apply to you. All information located on this site is subject to change at any time without notice.
    5. No Representations Regarding Quality or Designation of Attorneys as Specialists or Experts. No representation is made regarding the quality of legal services that have been or will be performed or that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results or successes afford no guarantee or assurance of future results because each matter is different and must be judged on its own merits. Colorado does not certify lawyers as specialists in any field; similarly the Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Various pages on this site may contain links to other resources on the Internet. Those links are provided as aids to help you identify and locate other Internet resources that may be of interest. Those third-party links are not intended to state or imply that the AR Group is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the links.
    6. Responsible Attorney. To the extent the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this website, The AR Group designates its office in Greenwood Village, Colorado, USA as its principal office and Victoria T. Aguilar as the attorney responsible for this website. Any disputes concerning this website and the information in or use of it shall be governed by Colorado law (without regard to conflicts of law principles), and any proceeding that relates to this website must be brought solely in a court in Arapahoe County, Colorado.
    7. Not for Resale; Other Restrictions. The AR Group’s servicesare not for resale, and The AR Group prohibits the resale of any of its services. You agree not to make unauthorized use of Site Content by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by these Terms of Use or The AR Group.  The AR Group will investigate all unauthorized and other illegal uses of the site, and take appropriate legal action as it deems appropriate, including without limitation, the pursuit of all available civil, injunctive, and criminal remedies.  Illegal and unauthorized uses of theARgroup.com include, without limitation, efforts to collect usernames or email addresses of users for the purpose of sending unsolicited email and the unauthorized framing of or linking to the site.
    8. Eligibility to Use This Site. theARgroup.com and the Services are not intended for users under the age of 18. To register for any Services offered on theARgroup.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use theARgroup.com in conjunction with your parents or guardians. theARgroup.com does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to theARgroup.com. If a child under 18 submits information through any part of theARgroup.com, and The AR Group becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
    9. Registering with The AR Group or Contacting Us through the Site. You will need to provide us with your name, e-mail address, and certain information to register with us.
    10. Unacceptable Content. The AR Group may make certain Services available to users that register and facilitate such users’ ability to post content, including text, images, photographs, graphics, comments, reviews, bulletin-board postings, and other user-created and posted materials (“User Content”), to public areas or private portions of theARgroup.com.  All User Content is subject to the restrictions set forth in these Terms of Use. If you post any User Content to any portion of theARgroup.com, you agree not to post any User Content that is unacceptable (“Unacceptable Content”); Unacceptable Content includes, but is not limited to, User Content that:
      1. is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, obscene, offensive, indecent, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
      2. is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
      3. is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy;
      4. is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
      5. offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
      6. involves commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions or advertising;
      7. is libelous, defamatory, knowingly false, or misrepresentative;
      8. seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
      9. infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
      10. includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, “junk mail,” or unauthorized advertising;
      11. is harmful or malicious to the systems or networks of The AR Group or any other persons;
      12. interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
      13. violates any obligation of confidentiality or violates the privacy or any other right of any third party;
      14. consists of any other User Content that The AR Group in its sole discretion deems to be Unacceptable Content.
  8. Use of Content Supplied by You. Please see our Privacy Policy for information regarding use of personal information you provide or communicate to The AR Group. By posting User Content or engaging in any other form of communication through The AR Group, you grant to The AR Group, and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, transmit, display, publish, adapt, modify, distribute, prepare derivative works, publicly perform, or exploit in any way (collectively “Use”) such User Content or communication and to grant and authorize sublicenses of the foregoing for any purpose, including commercial purposes. CONTENT POSTED BY USERS IS NOT ENDORSED BY The AR Group. The AR Group does not necessarily endorse, support, or agree with the Content posted by users on The AR Group. Any User Content placed on The AR Group, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent the views of The AR Group or its third party service providers. The AR Group may (but undertakes no duty to) review, edit, move, or delete any User Content posted on theARgroup.com, in its sole discretion without notice. You agree that The AR Group and any third-party service providers are not responsible for, and will have no obligation to compensate you or otherwise be in any way liable to you for any User Content posted to theARgroup.com by you or others, including without limitation Unacceptable Content that violates these Terms of Use.
    1. Linking to the Website. You may link to the homepage of theARgroup.com, but only if you do so in a way that is fair and legal and neither damages our reputation nor takes advantage of it. You must not establish a link in such a way to suggest any form of approval, endorsement, or association by The AR Group, unless we have provided our prior written consent.
    2. Third Party Linkage. theARgroup.com may link to third-party sites and third-party sites may link to theARgroup.com. You acknowledge that The AR Group has not reviewed and does not endorse the content of third party sites linked to and from theARgroup.com and is not responsible for the content or actions of these other sites, including any third party sites that may display The AR Group’s logo or branding. Your linking through theARgroup.com to any site is at your own risk.
    3. Copyright Complaints. The AR Group respects the intellectual property of others, and we ask our users to do the same. The AR Group may, in its sole discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on The AR Group in a way that constitutes copyright infringement, or that The AR Group contains links or other references to another online location that contains material or activity that infringes your copyright rights, please send us a written notice.  Specifically, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512 (“DMCA”), the written notice must include the following: (a) your physical or electronic signature; (b) identification of the copyrighted work or works you believe to have been infringed in a sufficiently precise manner to allow us to locate that material; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the written notice is accurate; and (f) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may result in an ineffective notice. Please also note that if you knowingly and materially misrepresent that material on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Our designated Copyright Agent to receive DMCA Notices is:

[FIRST AND LAST NAME OF AGENT]
[PHYSICAL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[E-MAIL ADDRESS OF AGENT FOR THIS PURPOSE]

  1. Disclaimer of Warranties. YOUR USE OF theARgroup.com, THE SERVICES, AND THE PRODUCTS AND SERVICES OF ANY THIRD-PARTY PROVIDERS IS “AS IS” AND AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, The AR Group, ITS AFFILIATES, AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND RELIABILITY.  The AR Group AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT ACCESS TO theARgroup.com WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF theARgroup.com.
  2. Limitation of Liability. REGARDLESS OF THE NATURE OF THE CLAIM OR CAUSE OF ACTION AND REGARDLESS OF FORESEEABILITY, The AR Group AND ANY THIRD PARTY SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR:
    1. ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES ARISING OUT OF THESE TERMS OF USE, THE SERVICES, OR THE PURCHASE OF ANY MERCHANDISE ORDERED THROUGH theARgroup.com;
    2. YOUR INABILITY TO ACCESS theARgroup.com;
    3. YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE CONENT, OR MATERIALS AVAILABLE THROUGH ANY THIRD PARTY SITES LINKED TO theARgroup.com; AND
    4. ANY VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) THAT ARE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES OR theARgroup.com.
  3. Indemnification. You agree to defend, indemnify, and hold harmless the The AR Group, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) relating to your violation of these Terms of Use or your use of the website, including but not limited to, your User Content.
  4. Release. YOU HEREBY AGREE TO RELEASE The AR Group AND ANY THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF theARgroup.com. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  5. The Security of theARgroup.com. We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard theARgroup.com, our systems, and our users’ personal information. Such safeguards include, for example, the use of firewall barriers and authentication procedures. Unfortunately, no data that is transmitted over the Internet or stored on servers that can be accessed via the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, The AR Group cannot ensure or warrant the security of any User Content you provide to us, and you provide User Content to us at your own risk. We may notify you under such circumstances using the email address you provided to us when you registered with The AR Group.
  6. Electronic Communications. When you visit theARgroup.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on theARgroup.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  7. Monitoring & Enforcement of Terms of Use. The AR Group reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND AGREE TO HOLD THE AR GROUP, LLP HARMLESS ALONG WITH ITS PARTNERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES AS A RESULT OF ITS INVESTIGATIONS OR AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES. In addition to any other remedies for a violation of these Terms of Use or applicable law, we may:
    1. Remove or refuse to post any User Content for any or no reason in our sole discretion.
    2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, is otherwise Unacceptable Content, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or security of users of the website or the public, or creates any potential liability for the Company.
    3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    4. Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the website.
    5. Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.
  8. We do not, however, endeavor to review all User Content that is posted to the website, and cannot necessarily ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  9. Jurisdiction and Governing Law. The AR Group.com makes no representation that the Site Content, the Services, or products offered through theARgroup.com are appropriate, available, or legal in any particular location. Those who choose to access the site, the Site Content, Information, the Services, and products offered through theARgroup.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms of Use, for all purposes, are governed and construed in accordance with the laws of the State of Colorado without regard to its choice-of-law principles.  Any action based on or alleging a breach of these Terms of Use must be brought in a state or federal court located in the Denver area of Colorado.  You agree to submit to the exclusive personal jurisdiction and venue of such courts.
  10. The AR Group is for use in the United States. theARgroup.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of theARgroup.com, by visiting our website, using our Services, or providing us with any User Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
  11. Trademark Notice. Uncommonly Smart®, Uncommonly Smart Law®, the AR §roup®, and The AR Group, LLP®, and other logos of The AR Group are trademarks of The AR Group.  Nothing in this web site may be construed as a license to use those trademarks and none of the trademarks may be used without The AR Group’s prior written consent. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
  12. Entire Agreement. These terms of use and the Privacy Policy constitute the entire agreement between you and The AR Group regarding your use of and access to theARgroup.com and the Services and supersede all prior agreements or understandings, whether oral or written, relating to that subject matter.  Any purchase of merchandise through a third-party provider will be subject to any agreement or understanding between you and that third-party provider.