Last updated: June 29, 2018
The Services are intended for individuals who are 18 years of age or older. If you are under the age of 18 and have downloaded the Apps or reached the Sites, please remove the Apps and/or leave the Sites immediately. If you are accessing the Services from the European Union ("EU") or European Economic Area ("EEA"), please call us at the number provided below, prior to submitting information to the Services and/or purchasing products or services.
YOUR ACCESS AND USE OF THE SITE
Site Interruptions. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Ariens, in its sole discretion, may elect to take. Ariens reserves the right to suspend or discontinue the availability of the Services and/or any portion or feature of the Services at any time in its sole discretion and without prior notice.
Furthermore, you may not use any robot, spider, site retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the content of the Services or reproduce or circumvent the navigational structure, presentation, or "look and feel" of the Services. Notwithstanding the foregoing, and subject to your compliance with any instructions posted in the robots.txt file located on the Sites (for example, in the root directory of the Sites), Ariens grants to the operators of public search engines (i.e. Google, Bing, Yahoo, etc.) permission to spider the Sites solely to the extent necessary to create publicly-available, searchable indices of the Sites, without caching or archiving. Ariens reserves the right to revoke the permission granted in the prior sentence either generally or in specific cases, at any time and without notice.
You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Services or any associated software, including without limitation, any account registered to you, posted user generated content (defined below), etc., in the real world without Ariens' express written consent.
Use of Third Party Links. Ariens and its affiliates, through the Services, may provide a venue or links through which you can obtain information and you can find third party products and/or services from service providers, advertisers, business partners, affiliates and other third parties (collectively "Service Providers"). Ariens does not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. Ariens does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to independently investigate any Service Provider. You acknowledge and agree that Service Providers are solely responsible for any services and/or products that they may provide to you and that Ariens shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Ariens does not guarantee or make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Services or Service Providers or that such are the best terms or lowest rates available.
FEES AND PAYMENTS
Currently, access to and use of the Services and any associated accounts is free for all users. However, at any time, Ariens may choose to begin charging a fee or change fees for access to and use of the Services, and/or products and/or services offered on the Services. Ariens may also, in its sole discretion, add, remove or change the features and services Ariens offers or the fees (including the amount and type of fees) Ariens charges at any time. If Ariens introduces a new service, product, or charges a new fee, Ariens will post a reasonable notification of the fees for that service at the launch of the service, product, or the start of charging a new fee. Upon the posting of such a notification, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the Services, and/or products and/or services offered on the Services.
FINANCIAL TRANSACTIONS AND ACCOUNTS
You will remain the owner of the user generated content you post. You are responsible for the user generated content you post and that is posted from any of your accounts on the Services.
For all user generated content you post or that is posted through your account(s), you represent and warrant that (i) you or the poster of the user generated content has the right to post said content, (ii) Ariens' and any third party's rights, and any applicable laws, statutes, ordinances or regulations, will not be violated by any such posting, (iii) you are not being compensated for the posting; and (iv) the user generated content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, vulgar, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on any third party's rights of publicity or privacy, (b) does not make the security of your account, the Services and any associated software or services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, malware, or other code or computer programming routines that contain malicious, harmful, contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (d) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (e) does not contain information that is false, inaccurate or misleading and (f) does not include or constitute commercial advertisements or solicitations. You acknowledge that Ariens and its designees shall have the right (but not the obligation) in their sole discretion to refuse, review, edit, disassociate or remove any user generated content or material that is available through the Services.
By posting user generated content, you grant Ariens an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, assignable, fully paid-up, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such user generated content for any purpose, commercial, advertising, or otherwise, on or in connection with Ariens, the Services, Ariens products and services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user generated content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of an account on the Services a worldwide, non-exclusive, fully paid up, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any user generated content submitted by you or through your account during each such user's use of the account on the Services.
You acknowledge that your user generated content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Ariens or our initiatives (collectively "Ideas"). With respect to Ideas you acknowledge that: (a) Ariens receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Ariens' review of the Ideas is not an admission of novelty, priority or originality; and (b) Ariens' use of any similar Ideas, whether based on user generated content, provided to Ariens by third parties, or independently developed or considered by Ariens, shall be without obligation to you.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to user generated content as against Ariens. You also agree to only use so much of the user generated content or portions thereof, other than your own, as is necessary to utilize the Services for their intended purposes.
ARIENS' INTELLECTUAL PROPERTY RIGHTS
The content on and in the Services and associated software, except your user generated content, to the extent any exists, including without limitation, the patents, trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, photographs, images, screen shots, downloadable files, product and program names, the compilation of the forgoing and the like (collectively, "Content"), is owned by or licensed to Ariens and is subject to patent, trademark, copyright and other intellectual property laws of the United States and foreign countries.
Content on and in the Services and associated software is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Ariens, which permission may be withheld in Ariens' sole discretion. Ariens reserves all rights not expressly granted in and to the Services, associated software, and Content. Ariens makes no claim to any third party names, trademarks or service marks appearing on the Services. Any third party names, trademarks, and service marks are property of their respective owners.
USE OF CONTENT
Ariens grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right to make personal use of the Content; provided, however, that you shall not delete any proprietary notices. You may not modify the Content or utilize it for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content, or transfer or distribute the Content to another person.
You may not use any meta tags or any other "hidden text" utilizing Ariens' name or trademarks without the express written permission of Ariens, which permission may be withheld in Ariens' sole discretion.
COPYRIGHT INFRINGEMENT CLAIMS
Ariens respects the intellectual property rights of others. It is Ariens' policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Ariens ("DMCA Notice") please provide:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) 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 Ariens to locate the material; (d) information reasonably sufficient to permit Ariens to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Ariens' designated agent to receive notices and counter notices of claimed infringement is:
Attention: DMCA Notice
Attn: Privacy Team
655 West Ryan Street
Brillion, WI 54110
Phone number of designated agent: 920-756-2141
Email address of designated agent:
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Ariens reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
PATCHES AND UPDATES
Ariens may apply patches, updates and modifications to the Services and associated software at any time, and features may change after the application of an update. Ariens may change, modify, suspend, or discontinue any aspect of any feature or service on the Services at any time. Ariens may also impose limits on certain features or restrict your access to parts or all of the Services and associated software without notice or liability. Ariens makes no representation that a feature, the Services and/or associated software will work on a particular web browser, version of a web browser or device.
REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THERE THROUGH, AND ASSOCIATED SOFTWARE ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELAYS, ERRORS AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, ASSOCIATED SOFTWARE, CONTENT, AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, ARIENS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SERVICES OR THE CONTENT, OR PRODUCTS CONTAINED THEREIN OR OBTAINED THERE THROUGH.
ARIENS FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, (1) REGARDING THE QUALITY, VALIDITY, CORRECTNESS, ACCURACY OR COMPLETENESS OF THE SERVICES, ASSOCIATED SOFTWARE, CONTENT, PRODUCTS AND MATERIALS ASSOCIATED WITH THE SAME, (2) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR (3) REGARDING THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND ANY PRODUCTS AND SERVICES AVAILABLE THERE THROUGH. ARIENS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, MALWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. ARIENS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES, OFFERS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES.
ARIENS MAY MAKE CHANGES TO THE CONTENT, OR TO THE PRODUCTS, SPECIFICATIONS OR PRICES DESCRIBED ON THE SERVICES, AT ANY TIME WITHOUT NOTICE. THE SERVICES AND CONTENT MAY BE OUT OF DATE, AND ARIENS MAKES NO COMMITMENT TO UPDATE THE CONTENT ORTHE SERVICES OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE ARIENS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE BETWEEN YOU AND ANOTHER ACCOUNT HOLDER OR USER.
CALIFORNIA RESIDENTS HEREBY SHALL AND DO WAIVE CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE SITE IS CONTROLLED AND OFFERED BY ARIENS FROM ARIENS' FACILITIES IN THE UNITED STATES OF AMERICA. ARIENS MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
LIMITATIONS ON ARIENS' LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARIENS OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, AND LOSS OF USE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES, ASSOCIATED SOFTWARE, OR CONTENT, OR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES PROVIDED TO YOU BY OR OBTAINED FROM ARIENS THROUGH THE SERVICES. IN NO EVENT SHALL ARIENS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING THE LESSER OF (A) THE FEES PAID BY YOU FOR USE OF THE SERVICES, ASSOCIATED SOFTWARE, CONTENT, OR ANY PRODUCTS AND SERVICES, OR (B) TEN DOLLARS (US$10). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY OR FORM OF ACTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND/OR STOP USING THE SERVICES, ASSOCIATED SOFTWARE, AND CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT ARIENS SHALL NOT BE LIABLE FOR ANY USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND third party CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND ARIENS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
INDEMNIFICATION & RELEASE OF ARIENS
You release Ariens (and its officers, agents, directors, subsidiaries, and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way related with any dispute between you or your account and one or more users.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with law enforcement authorities, court orders, and any other governmental inquiry requesting or directing us to disclose the identity of a user, other Services-related information, or any materials posted on or through the Services, including user generated content. YOU WAIVE AND HOLD HARMLESS ARIENS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY THE ARIENS OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ARIENS AT THE DIRECTION OF COURT ORDERS OR GOVERNMENTAL INQUIRIES, OR BY LAW ENFORCEMENT AUTHORITIES.
If Ariens makes aspects of the Services available for use on your mobile or other device, whether through the Apps or otherwise, please be aware that your carrier's normal rates and fees may apply, and you are solely responsible for those rates and fees. Portions of the Services may not be available through select mobile devices or may appear differently than on a desktop computer.
AMERICANS WITH DISABILILTIES ACT COMPLIANCE
Ariens is committed to ensuring accessibility of its Sites and intranet to people with disabilities. Ariens seeks to make sure its Sites conform to W3C WAI WCAG 2.0 Level A & AA.
Ariens will ensure its third party content providers are aware of our web accessibility policy. Ariens will also favor providers based on their accessibility conformance claims.
All areas of the Sites will be reviewed annually as well as reviewed for updated WCAG standards. Accessibility checks will be incorporated into the publishing workflow for all new content on the Sites.
Any issues should be reported to
email@example.com, or Ariens' Privacy Team at (920) 756-2141.
Via telephone: (920) 756-2141
Attn: Privacy Team
655 West Ryan Street
Brillion, WI 54110