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User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE AMATEUR RADIO LIGHTHOUSE SOCIETY OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for the Amateur Radio Lighthouse Society (ARLHS, LLC). The Amateur Radio Lighthouse Society, hereafter referred to as the “Society” or “ARLHS,” presents this Agreement that describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of http://arlhs.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access these services.
Refer any questions concerning membership in the ARLHS to the Society via E-Mail or by writing to ARLHS, LLC – 7317 Ridgedale Drive, Warrenton, VA 20186 USA.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of ARLHS. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as an ARLHS member.
We may amend this Agreement at any time without notice.
Membership Eligibility.
ARLHS services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, ARLHS services are not available to minors or to temporarily or indefinitely suspended ARLHS members. If you are a minor, you may use ARLHS services only with the consent of your parents or guardians. If you do not qualify, please do not use ARLHS services. ARLHS member numbers and lightbeacon numbers belong to the ARLHS and are used by members with ARLHS’ revocable consent. Neither ARLHS membership nor ARLHS member numbers are transferrable to any party, temporarily or otherwise.
Fees and Services
ARLHS annual membership currently costs $15.00. ARLHS may in its sole discretion change some or all of ARLHS services at any time. In the event ARLHS introduces a new service, fees, if any, for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with ARLHS membership, etc.
Identity Verification
ARLHS uses many techniques to identify its users when they register through the ARLHS web site. However, because user verification on the Internet is difficult, ARLHS cannot and does not confirm each user’s purported identity. The ARLHS membership of any individual who has submitted or assisted in the submission to ARLHS of inaccurate information will be subject to revocation by the Board of Directors in its sole discretion.
Release
By submitting application information for ARLHS membership, you release ARLHS, LLC, ARLHS, its officers, directors, employees, agents, subsidiaries, related entities, heirs and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute from the beginning of time forward. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Information Control
ARLHS does not control the information provided by other users that may be available through links on the ARLHS web site. You may find the content of other web sites offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe Internet use when using any site. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may also be risks dealing with international trade and foreign nationals.
Fraud
Without limiting any other remedies, ARLHS may suspend or terminate your membership if ARLHS suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the ARLHS site.
Your Information
Definition. “Your Information” is defined as any information you provide to ARLHS or other users in the registration, in any public message area, or through any e-mail feature. You are solely responsible for Your Information, and ARLHS acts as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities. Your Information and your activities on the ARLHS web site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
License
Solely to enable ARLHS to use the information you provide, so that ARLHS is not violating any rights you might have in that information, you agree to grant ARLHS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Access and Interference
The ARLHS web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy ARLHS web pages or the content contained herein without ARLHS’ prior express written permission. You agree that you will not use any device, software or routine to bypass ARLHS’ robot exclusion headers, or to interfere or attempt to interfere with the proper working of the ARLHS web site or any activities conducted on the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on ARLHS’ infrastructure. Much of the information on the ARLHS site is updated on a real time basis and is proprietary or is licensed to ARLHS by its users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the ARLHS web site without the prior express written permission of ARLHS.
Privacy
ARLHS does not sell or rent your personal information to third parties for marketing purposes without your consent. ARLHS views protection of users’ privacy as a very important community principle. ARLHS understands clearly that you and your information is one of our most important assets. ARLHS stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use ARLHS services.
No Warranty
ARLHS PROVIDES THIS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARLHS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Liability Limit
IN NO EVENT SHALL ARLHS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ARLHS, LLC SITE, OTHER WEB SITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
ARLHS, LLC’s LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold John S. Huggins, ARLHS, LLC, its officers, directors, employees, agents, subsidiaries, related entities, heirs and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. The term “documents” shall be construed broadly.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of ARLHS’ services and listing, purchase, solicitation of offers to purchase, and sale of items that may be listed on the ARLHS web site.
No Agency
You and ARLHS, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or any other agreement directly or indirectly related to ARLHS.
Notices
Except as explicitly stated otherwise, any notices shall be given to ARLHS by postal mail to ARLHS – 7317 Ridgedale Drive, Warrenton, VA 20186. The ARLHS will use the e-mail address you provide to ARLHS during the registration process to contact you, but will not be responsible if your e-mail address should change or later prove invalid. Notice shall be deemed given twenty-four (24) hours after e-mail is sent. Alternatively, ARLHS may (but is not obligated to) give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ARLHS during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or ARLHS, LLC services, excluding legal action taken by ARLHS, LLC to collect fees and/or recover damages for, or obtain an injunction relating to, the ARLHS site operations, intellectual property, and ARLHS, LLC services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fauquier County, VA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ARLHS, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Fauquier County, VA, necessary to protect the rights or property of you or ARLHS, LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
To register for membership in the ARLHS, be sure to have read and agree to the terms in the “User Agreement” above and, if in agreement, go to the Application Form or PayPal sign-in page HERE.