Terms of Service
1. Agreement to Terms
These Terms of Service (these “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and ARBR Inc., a Delaware corporation (“ARBR,” “we,” “us,” or “our”), concerning your access to and use of the website located at this domain and any associated pages (the “Website”) and the Arbiter Network Intelligence software service and related services (collectively with the Website, the “Services”).
By accessing or using the Services, you agree that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Access to the Arbiter Network Intelligence software service is available only to individuals authorized by an organization that has entered into a written agreement with ARBR (such organization, a “Customer,” and such agreement, a “Customer Agreement”). In the event of any conflict between these Terms and a Customer Agreement, the Customer Agreement shall control.
2. Eligibility
The Services are intended for business use by individuals who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you meet this requirement and, if you use the Services on behalf of an organization, that you are authorized to bind that organization to these Terms.
3. Website Content
The content of the Website is provided for general informational purposes only and does not constitute an offer, a commitment to provide any particular result, or professional advice. Product examples presented on the Website are illustrative, are drawn from demonstration accounts, and depict fictional individuals and organizations. Visiting the Website or scheduling a demonstration does not create a contractual or customer relationship, which arises only upon execution of a Customer Agreement.
4. Intellectual Property Rights
Unless otherwise indicated, the Services, including all source code, software, designs, text, graphics, and other content (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by ARBR or licensed to ARBR, and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your internal business purposes. Except as expressly provided in these Terms, no part of the Services, Content, or Marks may be copied, reproduced, republished, distributed, or otherwise exploited for any commercial purpose without our express prior written permission.
5. User Accounts
Access to the Arbiter Network Intelligence software service requires an account established by an authorized Customer. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any actual or suspected unauthorized use of your account.
6. Permitted Use
You may use the Services only for the lawful business purposes of the Customer that authorized your access, and only to research individuals with respect to whom that Customer has a legitimate business purpose. You are responsible for complying with all laws applicable to your submission of information to, and your use of information obtained from, the Services, including applicable privacy and data protection laws.
7. Customer Data and Feedback
As between ARBR and a Customer, the Customer retains all right, title, and interest in and to the information, files, and other content submitted to the Services by or on behalf of the Customer, and in the research results, summaries, and analyses generated by the Services for the Customer (collectively, “Customer Data”). The Customer grants ARBR a limited, non-exclusive license to host, copy, process, and use Customer Data solely as necessary to provide the Services to the Customer and as described in our Privacy Policy. ARBR retains all right, title, and interest in and to the Services and the underlying software, models, and methods.
If you provide ARBR with any suggestions, comments, or other feedback regarding the Services (“Feedback”), ARBR may use such Feedback for any purpose without obligation to you. Feedback does not include Customer Data.
8. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:
- Use the Services, or any information obtained from the Services, as a factor in determining any individual’s eligibility for employment, housing, credit, insurance, or the opening or maintenance of an account, or for any other purpose governed by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or any similar law;
- Use the Services to harass, stalk, intimidate, threaten, or harm any individual, or to locate any individual who does not wish to be located;
- Access or attempt to access information belonging to any other Customer, or circumvent, disable, or otherwise interfere with any access control or security feature of the Services;
- Share your login credentials with any other person or permit any other person to access the Services through your account;
- Disclose information obtained from the Services to any person outside the Customer that authorized your access, except as permitted by the applicable Customer Agreement;
- Use any automated system, including robots, spiders, or scrapers, to access, copy, or extract content from the Services;
- Attempt to gain unauthorized access to, overload, or disrupt the Services or the networks or systems connected to the Services;
- Decompile, disassemble, or reverse engineer any software comprising or included in the Services, except as permitted by applicable law; or
- Use the Services in violation of any applicable law or regulation.
9. Research Results
The Services compile information from publicly available and commercial sources that may be inaccurate, incomplete, or out of date. ARBR does not verify, and makes no representation regarding, the accuracy or completeness of any such information. Summaries, analyses, and other content generated by the Services using artificial intelligence may likewise contain errors or omissions. You are solely responsible for independently verifying any information before relying on it. The Services, including any sanctions screening results, are not a substitute for a Customer’s customer identification, anti-money laundering, or sanctions compliance procedures. ARBR is not a consumer reporting agency, and the Services do not furnish consumer reports.
10. Third-Party Websites and Services
The Services may contain links to, or rely upon, third-party websites and services, including Calendly for scheduling and Google for authentication (“Third-Party Services”). Third-Party Services are governed by their own terms and policies. ARBR does not control and is not responsible for any Third-Party Service, and your use of any Third-Party Service is at your own risk.
11. Privacy Policy
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference.
12. Term and Termination
These Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, WITHOUT NOTICE OR LIABILITY, FOR ANY BREACH OF THESE TERMS OR OF APPLICABLE LAW. Where we suspend or terminate the access of an individual authorized by a Customer, we will notify that Customer.
13. Modifications and Interruptions
We reserve the right to change, modify, or remove any part of the Services at any time without notice, subject to the terms of any applicable Customer Agreement. We do not guarantee that the Services will be available at all times, and we shall have no liability for any loss or inconvenience caused by any interruption or unavailability of the Services.
14. Governing Law
These Terms and any dispute arising out of or relating to them or to the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
15. Dispute Resolution
Before commencing any legal proceeding, the parties agree first to attempt in good faith to resolve any dispute informally for a period of at least thirty (30) days following written notice of the dispute. Any dispute not so resolved shall be brought exclusively in the state or federal courts located in the State of California, and each party consents to the personal jurisdiction of such courts. This Section does not apply to the extent a Customer Agreement provides otherwise.
16. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN A CUSTOMER AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
17. Limitation of Liability
IN NO EVENT WILL ARBR OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WITH RESPECT TO THE WEBSITE WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). OUR LIABILITY WITH RESPECT TO THE ARBITER NETWORK INTELLIGENCE SOFTWARE SERVICE IS GOVERNED BY THE APPLICABLE CUSTOMER AGREEMENT OR, IF NO CUSTOMER AGREEMENT ADDRESSES SUCH LIABILITY, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE FEES PAID TO ARBR FOR THE SERVICES BY THE APPLICABLE CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100.00). CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Indemnification
You agree to defend, indemnify, and hold harmless ARBR and its directors, officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (a) your use of the Services in breach of these Terms, (b) your violation of any applicable law, or (c) your violation of the rights of any third party.
19. Electronic Communications
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Changes to These Terms
We may amend these Terms from time to time. Amendments will be posted on this page with a revised effective date. Your continued use of the Services after any amendment is posted constitutes your acceptance of the amended Terms.
21. Miscellaneous
These Terms, together with the Privacy Policy and any applicable Customer Agreement, constitute the entire agreement between you and ARBR concerning the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Sections 4, 7, 9, and 14 through 18 of these Terms, and any other provision that by its nature should survive, shall survive any termination of your access to the Services. You may not assign these Terms without our prior written consent. We may assign any or all of our rights and obligations to others at any time.
22. Contact Us
Questions regarding these Terms may be directed to ARBR Inc. at network@arbiterdefense.group.