YOUR ASSOCIATION IN ACTION

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HYPERLINK LICENSE AGREEMENT

Subject to the following terms and conditions of this Hyperlink License Agreement (“License”), ARA will grant you a nonexclusive, royalty-free, non-transferable license to create a hyperlink from your Internet Web site to our Web site (the “Link”) and/or use the ARA logo displayed (the “Link Logo”). Except as expressly provided in this License, all rights to ARA’s intellectual property are specifically reserved. To indicate your acceptance of the terms and conditions contained in this License, please click the button marked “I Accept” at the end of this Agreement.

a.       Form of Link.

You may only Link to our home page at www.ARArental.org. You may not use the Link Logo as a static image. You may not frame the ARA Web site or modify or alter the content or manner of display of ARA’s Web site.

b.      Proprietary Marks

The ARA name, Link, and Link Logo contain ARA’s proprietary logos, trademarks and service marks (collectively “ARA Marks”). The ARA marks may not be modified or altered in any way. You may NOT use the ARA Marks:

·         To imply sponsorship or endorsement by ARA;

·         To disparage ARA, its product or services;

·         In connection with any products or services that in ARA’s sole judgment may diminish or damage the goodwill in the ARA marks, including, but not limited to, use of the ARA Marks in connection with pornography, violent images and other objectionable material;

·         In such a way that the ARA Marks are displayed more prominently than the name/logo of your company; or

·         To infringe ARA’s intellectual property rights or violate any state, federal or international law.

c.       Trademark Notice.

The following notice shall be included on the Web page in which the Link or Link Logo appears: “ARA and ARA Logo are trademarks of ARA.”

d.      Disclaimer of Warranties.

ARA’S WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, 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 AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ARA’S WEB SITE, SITE-RELATED SERVICES AND HYPERLINKED WEB SITES.

e.       Limitation of Liability and Remedies

YOU AGREE THAT ARA SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK AND/OR LINK LOG. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELESE AND FOREVER DISCHARGE ARA AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES AND ATTORNEY FEES, WHICH YOU MAY NOW HAVE OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.

f.       Indemnity.

You agree to defend, indemnify and hold harmless ARA and its officers, employees and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, attorney fees as provided in this Agreement, arising out of any claim relating to your use of the ARA company name, the Link or the Link Logo by paying all amounts that a court finally awards or that you agree to in settlement of such claims.

g.      Termination of License.

ARA may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. ARA has the right to inspect your Web site from time to time to ensure compliance with this License. In the event this License is terminated, you will remove all references to ARA, including the Link and Link Logo, within twenty-four (24) hours of written request by ARA.

h.      Entire Agreement.

This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.