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**ARA will not sell, rent, loan or otherwise provide any of your personal information to any third-party entity without your permission.**
AIDS Research Alliance PRIVACY POLICY
Updated as of January 2, 2008
The AIDS Research Alliance, a California nonprofit public benefit corporation ("ARA," "we," "us"), provides the www.AIDSResearch.org site and all site-related services (collectively, the "Site"). This Privacy Policy governs your interaction with the Site. Except as set forth within this Privacy Policy and our Terms of Use and other published guidelines, we do not release personally identifiable information about our visitors without their permission.
Please note that ARA modifies its privacy practices from time to time, and that those practices are, therefore, subject to change. Such changes will be effective and binding beginning the date they are posted here. We ask that you bookmark and periodically review this Privacy Policy to ensure continuing familiarity with the most current version of our Privacy Policy. To contact ARA about privacy issues please e-mail us at privacy@aidsresearch.org.
THE INFORMATION WE GATHER
Non-personally identifiable information
When visitors come to the Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited and which hyperlinks were clicked. Such information is not personally identifiable but rather demographic in nature and allows us to administer and improve the Site. For each visitor to the Site, our web server automatically recognizes the visitor's IP address (no personally identifiable information, such as e-mail addresses, are automatically recognized by our server). We use your IP address to help diagnose problems with our server and to administer the Site. We may use cookies to improve content, provide easier access, and understand how visitors use the Site, such as by measuring the length of time each visitor spends at any particular area of the Site and what hyperlinks a visitor uses. A "cookie" is a small text files placed on a visitor's computer hard drive. Cookies are only read by the server that placed them and are unable to execute any code or virus. For more information on how to control whether cookies will be accepted by your web browser, please refer to the documentation accompanying your web browser.
Personally identifiable information
In certain areas of the Site - for example, when registering for ARA Events, Joining Mailing Lists, or when ordering Bracelets - we require that you provide us with personally identifiable information (including, for example, the first name, last name, street address, email address, telephone number, and credit card information when applicable). We do not knowingly collect personally identifiable information from children (defined herein as minors younger than thirteen years of age) without first obtaining parental consent.
ARA does not control the acts of its visitors. All visitors should be aware that, when they disclose personally identifiable information in a bulletin board, chat room, or other forum on the Site, the information may be collected and used by others such as to send that person unsolicited email from third parties. In the event that you encounter any Site user who is improperly collecting or using information about you or other users, please notify us at privacy@aidsresearch.org.
HOW WE USE (AND DO NOT USE) THE INFORMATION WE GATHER
Please take some time to familiarize yourself with the different ways ARA uses the information that it gathers. Keep in mind that, while ARA encourages all third parties involved - including but not limited to its affiliates and sponsors - to adhere to our policies regarding the privacy of our visitors and members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from ARA or independently. Nevertheless, in the event that you encounter any third party associated with, or who claims association with, ARA who you feel is improperly collecting or using information about you, please contact privacy@aidsresearch.org; we will be happy to forward your message to the third party.
Non-personally identifiable information
ARA uses non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of visitors, and by measuring demographics and interests regarding specific areas of the Site. We use this data internally and provide statistical information based on this data to affiliates and other current and potential business partners. We also use the aggregate data to inform these third parties as to the number of people who have seen and clicked on links on the Site linking to their web sites.
The Site contains links to third party web sites, such as hospitals and other service providers whom we believe may be of interest to our visitors. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such third party sites, including such sites' use of any information (such as IP number, browser type or operating system) collected when visitors to the Site click through links to those sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those sites.
Personally identifiable information
You provide us with your personally identifiable information, such as your name, address and email address, in using the Site, such as when you register for the ARA Events, Joining Mailing Lists, or when ordering Bracelets. We use the information you provided in order to provide the services on the Site or mail you the product, such as a CD-Rom, that you ordered. We may also use that information to let you know of events, programs, products and services from us and/or our affiliates and partners about which you might be interested. You can choose "opt out," or not to receive such information, by letting us know on the screen when you provide such information to us. If you do not "opt out" of receiving such materials, we reserve the right to release any personally identifiable information regarding you to our affiliates and partners who provide goods or services that we believe may be of interest to you. We will not release your credit card information to third parties unless necessary to complete a transaction between you and such a third party.
In addition, ARA sometimes uses personally-identifiable information to "target" communications to its visitors. For example, ARA may notify visitors who have not opted out and who have previously ordered a CD-ROM on asthma about an asthma newsletter that may be of interest to such visitor.
We reserve the right to release information contained within our access logs concerning any visitor when that visitor is in violation of our Terms of Use or other published guidelines, or in special cases such as a physical threat to you or others, or if a visitor partakes (or is reasonably suspected of partaking) in any illegal activity, even without a subpoena, warrant or other court order. We may release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement individuals or entities for investigation or prosecution.
CHANGING PERSONAL INFORMATION
If you would like to change your personally identifiable information, please contact us at privacy@aidsresearch.org.
ARA TERMS OF USE
Updated as of January 2, 2008
The AIDS Research Alliance, a California nonprofit public benefit corporation ("ARA," "we," "us"), provides the www.aidsresearch.org site and all site-related services (collectively, the "Site"). By accessing and using the Site, you agree to be bound by the terms and conditions of these Terms of Use (this "Agreement"). It is important that you read carefully and understand this Agreement. If you do not agree to this Agreement, please do not access or use the Site. As used in this Agreement, "you," "yourself," and "your" means and refers to you on behalf of yourself and if applicable your child (or minor to whom you are the legal guardian).
We reserve the right at any time to:
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Change the terms and conditions of this Agreement;
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Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes we make to this Agreement will be effective automatically seven (7) days after posting such changes on the Site. We may also provide notice of such changes via electronic email. Your continued use of the Site after any such change(s) will be deemed acceptance of such changes. Please return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. Code of Conduct. While using the Site and/or Software (as defined below in Section 6), you agree not to:
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Restrict or inhibit any other authorized visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; provided, however, you may restrict your child's use of the Site as described in the Privacy Policy;
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Allow any person other than your child to use the Site and/or the Software;
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Express or imply that any statements you make are endorsed by us, without our prior written consent;
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Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); or (e) any phone numbers, addresses, Social Security numbers, or any other private information of third parties;
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Engage in spamming or flooding;
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Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, Trojan horse, or other harmful or disruptive component;
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Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
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Remove any copyright, trademark or other proprietary rights notices contained in the Site or Software;
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"Frame" or "mirror" any part of the Site without our prior written authorization;
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Link to any page of or content on the Site without written permission by ARA;
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Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
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Harvest or collect information about Site visitors.
While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations.
2. Registration. In connection with registering ARA Events, Joining Mailing Lists, or when ordering Bracelets, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a screen name and password if you do not already have one. We may refuse to grant you a screen name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your screen name and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, please immediately contact us at notify@aidsresearch.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR SCREEN NAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Submissions and Postings. Please note that, because we may host bulletin boards on portions of the Site, and may in the future host chat rooms and other communication forums on the Site (collectively, the "Forums") and therefore redistribute chats, postings and other materials posted or otherwise submitted by you while using the Site, we require certain rights in those chats, postings and materials (collectively, "Materials"). Therefore, sending or transmitting to us Materials, including creative suggestions, ideas, notes, concepts, information, or any other images, pictures and materials, or by posting such Materials to any area of the Site (including by participating in a chat room conversation), you hereby transfer all right, title and ownership to such Materials to us and you hereby grant us a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, edit, change, modify in any manner, make, have made, and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider or owner of the Materials and you hereby waive any moral rights you may have in any such Materials. Except as specifically set forth in this Terms of Use or the Privacy Policy, none of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
4. Forums. Because we make available a large volume of information in our Forums, visitors occasionally post messages or make statements that are offensive, inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or Forums by third parties, whether such third parties are visitors of the Site or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
The opinions expressed in the Forums reflect solely the opinion(s) of the participants - our visitors - and may not reflect the opinion(s) of ARA. We have no obligation to monitor the Site or the Forums, or any other materials that you or other third parties transmit or post on to the Site or the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our visitors, and to comply with legal obligations or governmental requests.
5. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ARA infringe your copyright (for example, materials posted to the Site on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (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 located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ARA to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ARA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Library of Congress' United States Copyright Office for details. Notices and counter-notices with respect to the Site should be sent to: The AIDS Research Alliance, Attention: Web Site Administrator, 5757 Wilshire Blvd., Suite M100, Los Angeles, CA 90036, (310) 479-1212. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
6. Ownership and Restrictions on Use. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. The Site and Software, and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute any materials, content or information available on or through the Site in any way without our prior written permission. The Site and Software may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement. Modification of such materials, content or information, or the use thereof for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
The trademarks, logos, and service marks displayed on the Site, including the ARA trademark (collectively, the "Trademarks") are the registered and unregistered trademarks of ARA, ARA's licensors and suppliers, and others. The Trademarks owned by ARA, whether registered or unregistered, may not be used in connection with any product or service that is not ARA's, in any manner that is likely to cause confusion with customers, or in any manner that disparages ARA. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark.
7. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls which you agree to comply with. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
8. Activities and Games. Any activities and games that are now in the future accessible through the Site may be governed by specific rules. By entering and/or participating in such activities or contests, you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities and games.
9. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by any party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
10. Disclaimers. ARA DOES NOT INTEND FOR ANY OF THE INFORMATION ON THE SITE OR THE PRODUCTS AVAILABLE FOR ORDER ON THE SITE TO SERVE AS MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL CARE. WE DO NOT GUARANTY OR WARRANT THAT THE INFORMATION CONTAINED WITHIN THE SITE OR SUCH PRODUCTS IS ACCURATE, COMPLETE OR UP TO DATE, AND NO INDIVIDUAL SHOULD RELY ON SUCH INFORMATION. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE ACCESS OR USE OF THE SITE, ANY CONTENT, INFORMATION, PRODUCT OR SERVICE OBTAINED FROM ANOTHER SITE ACCESSIBLE THROUGH THE USE OF THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARA AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ARA AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ANY AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ARA OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ARA DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT, PRIVACY PRACTICES OR OTHER TERMS AND CONDITIONS THAT GOVERN YOUR USE OF ANY THIRD PARTY SITE THAT MAY BE ACCESSED THROUGH THE USE OF THE SITE AND THAT YOUR USE OF ANY SUCH THIRD PARTY SITES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site or Forums could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at notify@aidsresearch.org with, if possible, a description of the material to be checked and the location where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
11. Limitation of Liability. NEITHER ARA NOR ITS SUPPLIERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ARA FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO USE AND ACCESS THE SITE.
12. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
13. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of law provisions. Any dispute, claim or matter arising from or relating to your use of the Site and Software or this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and ARA relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and ARA. This Agreement is not assignable, transferable or sublicenseable by you except with ARA's prior written consent. Any waiver by ARA must be in writing in order to be valid. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
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