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| Actuarial Risk Management, Ltd. Web Site Terms And Conditions The following terms and conditions (the "Terms and Conditions") govern your use of the Actuarial Risk Management, Ltd. Web Site (this "Site"). This Site is made available by Actuarial Risk Management, Ltd. ("Actuarial Risk Management" or “ARM” or "we" or "us"). We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site. |
As between you and Actuarial Risk Management, Actuarial Risk Management owns, solely and exclusively, all rights, title and interest in and to this Site, all the content, code, data and materials thereon, the look and feel, design and organization of this Site, and the compilation of the content, code, data and materials on this Site, including but not limited to any copyrights, trademark and servicemark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights inherent therein or appurtenant thereto. Your use of this Site does not grant to you ownership of any content, code, data or materials you may access on this Site. Any commercial distribution, publishing or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device, and make copies or prints of the content on this Site for your non-commercial, educational or personal use only. Any copies you make must retain ARM’s proprietary notices, including its copyright notice, and may not be altered in any manner. You may not otherwise copy, reproduce, publish, display, distribute or otherwise exploit any content, code, data or materials on this Site. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, servicemarks and logos displayed on this Site are registered and unregistered trademarks or servicemarks of ARM and/or others. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or servicemark displayed on this Site without the express written permission of ARM or such third party that may own such trademark or servicemark. Your misuse of the trademarks and servicemarks on this Site is strictly prohibited.
In the course of your use of this Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in this Site's Privacy Policy which is incorporated herein by reference for all purposes, as if the terms and provisions of the Privacy Policy were stated in this paragraph. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through web sites to which you may link from this Site (collectively, "Linked Sites"). Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. ARM shall not be held responsible should you encounter any material on Linked Sites that is or may appear indecent, illegal, or inaccurate.
We control and operate this Site from our office in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
If any provision of these Terms and Conditions shall be found to be unlawful, void or unenforceable for any reason, such provision shall be revised to the minimum extent required by applicable law for such provision to be enforceable and such revised provision shall be considered a part of these Terms and Conditions.
You agree that if any dispute, controversy or claim arises under the Terms and Conditions, and this Site in general, either party may, upon written notice to the other party, request facilitated negotiations. Such negotiations shall be assisted by a neutral facilitator acceptable to both parties and shall require the best efforts of the parties to discuss with each other in good faith their respective positions and, respecting their different interests, to finally resolve such dispute.
Each party may disclose any facts to the other party or to the facilitator, which it, in good faith, considers necessary to resolve the dispute. However, all such disclosures will be deemed in furtherance of settlement efforts and will not be admissible in any subsequent litigation against the disclosing party. Except as agreed by both parties, the facilitator shall keep confidential all information disclosed during negotiations. The facilitator shall not act as a witness for either party in any subsequent arbitration between the parties.
Such facilitated negotiations shall conclude within sixty days from receipt of the written notice unless extended by mutual consent. The parties may also agree at any time to terminate or waive facilitated negotiations. The costs incurred by each party in such negotiations will be borne by it; the fees and expenses of the facilitator, if any, shall be borne equally by the parties.
If any dispute, controversy or claim arises under the Terms and Conditions, and this Site in general, and cannot be resolved by facilitated negotiations (or the parties agree to waive that process) then such dispute, controversy or claim shall be settled by arbitration. The arbitration proceeding shall take place in Travis County, Texas, unless the parties agree to a different locale. The proceeding shall be governed by the provisions of the Federal Arbitration Act ("FAA") or, if a court of competent jurisdiction determines the FAA inapplicable, by the laws of the state in which the proceeding is to take place. In any arbitration instituted hereunder, the proceedings shall proceed in accordance with the then current Arbitration Rules for Professional Accounting and Related Disputes of the American Arbitration Association, except that no pre-hearing discovery shall be permitted unless specifically authorized by the arbitration panel.
Such arbitration shall be conducted before a panel of three persons, one chosen by each party and the third selected by the two party-selected arbitrators. The arbitration panel shall have no authority to award non-monetary or equitable relief, and any monetary award shall not include punitive damages. The confidentiality provisions applicable to facilitated negotiation shall also apply to arbitration. The award issued by the arbitration panel may be confirmed in a judgment by any federal or state court of competent jurisdiction.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by an arbitration panel or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitration panel or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The headings in these Terms and Conditions are for reference only and do not affect the substance of the text of these Terms and Conditions.