Welcome to the insideARM.com Web site (the “Site”). When we use “we”, “our” “us” or similar terms below, we mean insideARM, LLC. When we use “you,” “your” or “yours,” or similar terms, we are referring to the person or entity who manifests assent to these Terms by accessing the Site, or by submitting any information or materials to be included on the Site.
Your access to and use of the Site, or submission of any material to posted or used on the Site, is subject to Your compliance with the terms and conditions set forth below (the “Terms”). If You do not agree to the Terms, You may not access, use or contribute material to this Site.
We may modify these Terms from time to time and without notice, effective immediately upon posting on the Site. Your continued access or use of the Site shall constitute acceptance of such modifications of the Terms.
The Site is not directed at children under age 13. We value the privacy and safety of children who may visit the Site, and will not knowingly collect personally identifiable information from any child under the age of 13.
Copyright and Your Rights to Use Site and Content
All text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, indexes, desktop tools, software (including source code) and any other material or information used in connection with the Site, (collectively, the “Content”); the selection, arrangement, and presentation of all Content (including information in the public domain); and the overall design of the Site are the property of insideARM.com, LLC or our licensors, and protected by U.S. and international copyright laws. We grant You a personal, non-transferable, and non-exclusive limited license to access and use the Site in connection with your own internal, personal use only, and, provided that You do not delete or modify any copyright or other proprietary notices, to download and print a single copy of the Content from the Site solely for Your personal, internal use only, but not for further distribution or circulation to, or the use by persons or entities, other than You.
Your right to access certain portions of the Site is subject to prior registration (see “Registration,” below, and satisfaction of additional terms and conditions applicable to those portions of the Site. By accessing those areas, You agree to be bound by the additional terms and conditions applicable to such areas, which may include payment of certain fees and charges.
Any other copying, reproduction, republication, uploading, posting, distribution, transmission, or modification of the Content or any other property of insideARM, LLC, whether in electronic or hard copy form, is strictly prohibited.
You may not frame any Content or any trademark, logo or other proprietary information on the Site without our express written consent. You may not use our name or trademarks in any meta-tags or other hidden text without our express written consent. You may link to the home page of the Site, provided you do not do so to disparage the Site or us. You may not “deep link” to pages other than the home page. We reserve the right to demand that You remove any such link at time, for any or no reason, and at our sole discretion.
You must not and agree not to do any of the following:
(a) post material protected by copyright, unless you are the copyright owner or licensee, or otherwise have express permission of the owner or an authorized licensee to do so;
(b) post any illegal, fraudulent or misleading information or material;
(c) post any material that violates or infringes the rights of any third party, including, without limitation, privacy or publicity rights, rights to reputational integrity, copyrights, trademark rights, patent rights or any other intellectual property rights, trade secret rights, contract rights, non-disclosure and confidentiality rights, exclusivity rights, and fair competition rights;
(d) post any material that violates any federal, state or local laws concerning solicitation, sale or offers to sell any security or investment or business opportunity, or concerning any franchise or franchise opportunity;
(e) post any material constituting or relating to any false or deceptive advertising or trade practice, chain letter, or pyramid scheme, “club membership,” distributorship, or sales representative or agency arrangement or franchise or business opportunity which requires an advance or periodic payment, or which pays an insignificant salary or commissions only (unless the posting makes it clear that the opportunity pays commissions only, and sets forth clearly the terms and conditions, including the particular product or service to be sold), or requires recruitment of other members, sub-distributors, or sub-agents;
(f) impersonate another person, entity or business, or falsely represent or suggest a connection or relationship between You and any other person, entity or business;
(g) post material that is defamatory, harassing, threatening, critical, embarrassing, insulting, hateful, or abusive to any other person or entity, including without limitation, any other user;
(h) post any obscene or sexually oriented or explicit material;
(i) attempt or endeavor to breach, circumvent or defeat any security or authentication feature of the Site, or attempt or endeavor to gain access to, delete, change, or intercept any secure information or content, or any information or material posted by any person other than You, or take any action which consumes an unreasonable or inordinate level of system resources, or which places an unreasonably large load on the Site’s infrastructure, or forge or falsify any TCP/IP packet header or Your name, e-mail address or any part of the header information of any discussion group or message board posting;
(j) post any file or material containing any virus, worm, time bomb, Trojan horse, bug, “clear gif,” bot, or other disabling, interfering, monitoring, or disruptive computer code or programming;
(k) disparage the products or services of any person or entity;
(l) post mass mailings or any form of “spam;” or
(m) If you have access to restricted areas of the Site requiring registration and payment of fees, permit anyone other than You to use your password and username for any unauthorized purpose
Your access to and use of certain sections of the Site – currently, comments on all posts, Forum, Store, Jobs and the email Newsletter service, are subject to our acceptance of Your Registration and Your payment of all applicable fees. You agree to supply us with all requested information, pay all applicable fees, including taxes, in accordance with our current billing terms in effect at the time the fee becomes payable for Your Registration. We may change the amount of any fee, or the means of determining any fees and add new fees or terms upon notice to You. We have the right to terminate any Registration at any time and for any or no reason.
In submitting your Registration, you will be asked to provide your name, an email address, a password, your role in your firm, and your firm’s primary line of business. For certain areas of the site, you will be asked for additional personal and company information. For use of areas of the Site requiring a fee, you will also be asked to provide this additional data, and credit card account information. We expect that you will keep your account numbers, usernames and passwords in a safe place, and take other reasonable steps to prevent unauthorized use of or access to the Site and your personal information.
Content on the Site may include software subject to U.S. export controls. You may not download any software from the Site, or otherwise export or re-export software (a) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States of America has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated National or the U.S. Commerce Department’s Table of Deny Orders. If You download or use software on this Site, You warrant that You are not located in, under the control of, or a national or resident of, any such country or on any such list.
We may allow You to post materials or information to certain areas of the Site, or to send us information to be posted on certain areas of the Site, currently including: (a) the Forum; (b) the News and Blogs areas; (c) Jobs; (d) contests; or (e) to e-mail materials or information to us (including news releases, recommendations or suggestions for new or improved products or services) (“User-Supplied Content”), by any means and in any media now known or hereafter developed; and to access or use User-Supplied Content posted or e-mailed by other visitors to the Site. We offer these opportunities as a conduit through which users of the Site may exchange information. Any User-Supplied Content You post to the Site is deemed non-confidential and we shall have no obligation of any kind with respect to such User-Supplied Content. You are solely and exclusively responsible for any User-Supplied Content you post to the Site, and the consequences of posting it.
We do not adopt, confirm, endorse or ratify in any way any statements, representations or information contained in any such User-Supplied Content, nor do we recommend, endorse or sponsor any activities, products, services, policies or practices of any person or entity who posts or causes to be posted to the Site such User-Supplied Content. The person or entity who posts any User-Supplied Content to the Site is solely and exclusively responsible for such Content, and we assume or undertake no duty to screen or review any User-Supplied Content, or to confirm the truth, accuracy, reliability or completeness of any User-Supplied Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any User-Supplied Content.
We have the right, but not the obligation, to review, remove, edit, digest excerpt, modify or revise Content, at our sole discretion, including without limitation any User-Supplied Content, which violates these Terms or is otherwise objectionable.
As to any User-Supplied Content or information you post to the Site or otherwise provide to us by an means, You grant us an exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such User-Supplied Content or information in any media now known or hereafter developed, and to sublicense, permit and authorize others to do the same on terms and conditions acceptable, in our sole discretion to us, any or all of which rights we may assign, in whole or in part, to others, without notice to or consent from You.
You further agree that we may disclose User-Supplied Content (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim that any Content or User-Supplied Content violates the rights of any third party; or (d) to protect our rights.
Disclaimers as to Content
Your use or reliance on any Content, including without limitation User-Supplied Content, is entirely at Your own risk. In using the Site and any and all of the Content provided on it, You should be aware that there are certain risks, including, but not limited to, the risk that the information or material may be false, misleading, inaccurate or unreliable, or that persons may be misrepresenting their true identities, affiliations, positions or purposes. We assume or undertake no duty to investigate or confirm the truth, accuracy, reliability or completeness of any Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any Content. We shall have no liability in any way for any Content, including but not limited to any errors or omissions, or any loss or damage of any kind You may incur as a result of use of any Content, or any business, legal, employment, trading, investment, purchase or any other decision You may make or action You may take based on any Content on the Site. It is a good practice not to assume that any Content is true or accurate, including information regarding a user’s’ identities or affiliations, and not to rely on such information when making decisions.
The Site may, for time to time, include Content regarding or discussing various legal and regulatory aspects of the credit and collection industries or businesses. Such information does not constitute and is not intended as legal advice, nor do we hold out the Site or ourselves as a source of legal advice or counsel. We are not, nor do we hold ourselves out as licensed or qualified to practice law in any state. As any legal advice must be tailored to the specific circumstances of each case, be given by a licensed and qualified lawyer, and laws and regulations are constantly changing, You should not rely on any Content or information on the Site in making decisions concerning any legal matter or issue, nor any such Content or information be used as a substitute for the advice of duly-licensed and qualified counsel.
Also, the Site may, from time to time, include Content regarding or discussing aspects of finance and investment in the collection industry or business. You bear responsibility for your own investment and business research and investment decisions. You also agree that we will not be liable for any investment or business decision made or action taken by you or others based upon reliance on any Content or information on the Site.
NOTE: The information offered is supplied by third parties and compiled in a form useful to our subscribers. insideARM.com does not warrant or represent that such information is current, accurate, correct or complete. By ordering or using such information, subscriber acknowledges that insideARM.com has not verified, and undertakes no duty to verify, the information, and subscriber assumes all risks associated with use of or reliance on such information.
We welcome suggestions for improving our current products and services, and for new products or services. Of course, You understand that we are under no obligation to use any suggestion You may submit, but if we do, we are free to do so as we see fit, without any restrictions or limitations. By submitting a suggestion, You acknowledge that we may use it without payment or other compensation to You of any kind and that we will own all rights in the suggestion and anything that results from it. You also expressly waive any rights You may have in the suggestion now and in the future, including any benefits of any provision of law known as droit moral or any similar law, and agree not to permit or prosecute any action or lawsuit on the ground that our use of the suggestion constitutes an infringement of Your rights. This waiver applies to all uses of the suggestion, including any in which either or the both the attribution right or integrity right may be implicated. In consideration of our efforts to enhance it’s products and services and to respond to the concerns and ideas of visitors to the Site, You agree, upon our reasonable request and at no additional compensation, to execute any documents confirming our rights in suggestions You submit.
If You believe any Content or User-Supplied Content infringes any person’s copyright interest, please provide the following information, in writing and signed by You, to the insideARM.com Copyright Agent at the address listed below:
· A description of the allegedly infringing content, and an identification of the copyrighted work which You believe is infringed, including an assertion that You either own such copyright interest, or are the authorized agent of the owner.
· Your address, telephone number and e-mail address.
· Your statement that all information You have provided is accurate and that You have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
Benjamin J. Lambiotte, Esquire
InsideARM.com Copyright Agent
Garvey, Schubert & Barer
1000 Potomac Street, N.W.
Washington, DC 20007
insideARM.com, our logo(s), and any other names, Web sites, publications, products, content or services referenced on the Site are the exclusive trademarks or servicemarks of us or others; including without limitation the “look and feel” of the Site and the color combinations, layout and other graphical elements of the site. You may not use those trademarks in any manner without our express, written permission. Other product and company names which appear on the Site may be subject to trademark or other rights of other parties.
Use of the Site
You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses. You are solely responsible for maintaining the confidentiality of any password or other security measure You use in connection with the Site, and agree to notify us immediately by Email to editor@insideARM.com of any unauthorized use of Your password or other security measure.
We have no control over other Web sites or other resources accessed through links on the Site. You agree that we shall have no responsibility for any content, advertising, products or other material accessed or purchased through such links, and shall not be liable, directly or indirectly, for any damage or loss incurred by You or any third party in connection with Web sites or resources accessed through links on the Site. Any opinions or recommendations expressed in these sites are solely those of the third party information providers and are not our opinions or recommendations. No endorsement of third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the Site.
These Terms remain in effect until terminated by either You or us. If You terminate these Terms, You must immediately discontinue all access and use of the Site, and destroy all Content and any other materials downloaded from, or otherwise obtained from the Site, and any copies and installations thereof. We reserve the right to suspend or terminate Your Registration and your access to the Site or any portion of the Site with or without notice, if You breach these Terms, or if we have reasonable grounds to believe You have committed such breach. We may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to You. We shall have no liability to You or any third party for any termination of the Site or access to the Site. Your limited right to use the Content under these Terms shall terminate immediately upon notice to You that we has terminated Your access to the Site, and You must promptly destroy all copies of Content in Your possession or control, in whatever form.
WE DOES NOT WARRANT THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, USER-SUPPLIED CONTENT, POSTED ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS, AND WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, AMND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.)
WE DO NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
Any forward-looking statements contained in content accessed on or through the site which may be based on or include assumptions concerning our operations, future results and prospects is based on current expectations and subject to risk and uncertainties and may be modified or superseded by subsequent events. We has no duty or policy to update any information or statements, and any content accessed on or through the Site should not be relied upon as being current as of the date it is accessed. In addition, content may include technical inaccuracies or typographical errors. All content provided on or through the Site is furnished for informational purposes only, and does not constitute and should not be construed as an offer to buy or sell securities or investment or business opportunities.
Limitation of Liability
WE SHALL HAVE NO LIABILITY FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS.
WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL OUR LIABILITY EXCEED THE GREATER OF $50.00 OR THE AMOUNT ACTUALLY RECEIVED BY US FROM YOU UNDER AN AGREEMENT IN THE SIX MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
You agree that You are personally responsible for Your use of the Site, and further agree to indemnify, defend and hold harmless us, and our members, officers, directors, employees, agents and third party information providers from and against any loss, damage, or expense of any kind (including attorneys’ fees and costs) resulting from Your violation of any the Terms or Your use of or access to the Site, Your posting or e-mailing of User-Supplied Content, or Your violation of the rights of any third party.
The Site is controlled and operated by us from its headquarters in Bethesda, Maryland, United States of America. We make no representation that any Content or any other materials on the Site are appropriate or available for use in other locations. If You access this Site from a location outside the United States of America, You do so on Your own initiative and are responsible for compliance with all applicable laws of Your jurisdiction.
These Terms, and any dispute that may arise between You and us shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A., without regard to conflict of laws principles, including the Maryland Uniform Computer Information Transactions Act (UCITA) as amended from time to time. The Terms, as may be amended from time to time, set forth the entire understanding of You and us as to the subject matter of the Terms, unless otherwise specifically provided under an agreement between You and us. You consent to the exclusive jurisdiction and venue in the courts of Montgomery County, Maryland, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site.
Nothing contained in these Terms shall constitute You and us as partners or joint venturers or constitute an employment or agency relationship between You and us.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.
No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of us. We may assign its rights and duties under the Terms to any party, at any time, and without notice to You.
These Terms constitute a written agreement between You and us, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
We reserve all rights not expressly granted herein.
Questions about these Terms or the Site? Please contact:
401 North Washington Street
Rockviille, MD 20850