MacArthur JV, LLC has created and maintains The MacArthur’s Website (“the Website”) in order to provide the public with online information and resources concerning the activities of The MacArthur. By using the Website and its content, you expressly agree to comply with and be bound by the following Terms of Use, which The MacArthur may change at any time. These Terms of Use were last updated on February 6, 2023.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and The MacArthur. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

You represent that you are over the age of 18. The MacArthur does not permit those under 18 to use the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the

cy of The MacArthur. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

The MacArthur website is proprietary to The MacArthur

The Website contains information that is protected by copyright or other intellectual property laws, that is owned by The MacArthur, its affiliates, or other third parties from whom The MacArthur has received certain legal rights. All of the design, layout, look, appearance, images, text, marks, software, and graphics (the “Content”) are proprietary to The MacArthur or used consistent with the owner’s permission or applicable law or regulation.

Use of Website and it’s Content

You may not report, modify, publish, sell, reproduce, distribute, post, display, transmit, or in any way exploit any of the Website’s contents for commercial purposes. You agree that you will not assert any claim or interest in or to any Content on the Website, that you will comply with all restrictions on use contained herein, and that you will not infringe or violate the rights of any other party by or in connection with your use of the Website or its Content. Subject to the foregoing, The MacArthur authorizes you to view, download, and print Content from the Website upon the following conditions:

(1)    You must observe any and all additional terms or restrictions provided within individual sections of the Website relating to particular Content on the Website;

(2)    You may view, download, and print Content from the Website for your own personal and noncommercial use;

(3)    You may download, print, or otherwise use Content from the Website for “fair use” as defined in the United States copyright laws (generally, for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting); provided that you must cite the author and source of this material as you would material from any printed work. The citation must include the URL “https://themacarthur.com”

(4)    You are strictly prohibited from downloading Content from the Website for commercial use or for use on personal websites;

(5)    You may not remove any copyright, trademark, service mark, or other proprietary notice that has been placed in or near the content on the Website;

(6)    You may not modify the appearance or Content of the Website; and

(7)    Any displays or printouts of the Website’s Content must be marked “© [insert year of display or printout] The MacArthur. All rights reserved.”

(8)    The pictures and images of people, products, places, or things displayed on this Website are either the property of The MacArthur or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorized or affiliated with you is strictly prohibited. Unauthorized uses of pictures and images may violate copyright or trademark law, privacy laws, or communication laws or regulations.

The MacArthur expressly prohibits the copying of any Content on this Website not described above or elsewhere in these Terms of Use.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by The MacArthur.

The MacArthur has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The MacArthur shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of The MacArthur. You may not use The MacArthur’s Trademarks without The MacArthur’s prior, written permission. Misuse of The MacArthur Trademarks is strictly prohibited and The MacArthur will aggressively enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution whenever and wherever necessary.

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of The MacArthur Trademarks or may be construed to mean that The MacArthur has authority to grant any right or license on behalf of any third party trademark owner.

No Representations or Warranties by The MacArthur

The MacArthur makes no representation of any kind regarding the content of the Website. All content on the Website is provided “AS IS.”

Without limiting the foregoing:

(1)    The MacArthur does not warrant or represent that use of content displayed on the Website will not infringe the rights of third parties not owned by or affiliated with The MacArthur. Copyright and other proprietary rights in the Website’s content may be held by individuals and/or entities other than The MacArthur.

(2)    While The MacArthur uses reasonable efforts to include accurate and up-to-date information in the Website, The MacArthur makes no representations or warranties as to its accuracy. The MacArthur assumes no liability or responsibility for any errors or omissions in the content of the Website.

(3)    Use of and browsing in the Website are at your risk. The MacArthur assumes no responsibility and will not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any content from the Website.

Except where specifically indicated otherwise, any communication or material you transmit to the Website by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by The MacArthur and its respective affiliates or licensees for any purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, The MacArthur, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, The MacArthur provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither The MacArthur nor any of The MacArthur ‘s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of The MacArthur are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Unauthorized Use of Website

While using the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the foregoing, you agree that you will not:

(a)     Use the Website to send spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;

(b)    Use the Website to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;

(c)     Introduce any viruses, worms, Trojan horses, or any other harmful or destructive items into the Website;

(d)    Interfere with or disrupt networks connected to the Website;

(e)     Attempt to modify, reverse engineer, or reverse assemble any part of the Website;

(f)     Conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Website or other users of the Website; or

(g)    Violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.

Any unauthorized use of the Website (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Use.

Privacy

We may collect and use information about you in the manner set out in our Privacy Policy. The Privacy Policy forms part of the overall Terms of Use of the Website and is incorporated herein by this reference.

Breach of Terms of Use

Without limiting any other rights available to us at law or otherwise, if you breach any of these Terms of Use, We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

You agree to release and indemnify The MacArthur and its officers, directors, employees, funders and agents from and against all costs, expenses, loss, proceedings, or liabilities brought against or incurred by those persons in connection with your use of the Website or breach of these Terms of Use in any way.

Applicable Law, Jurisdiction and Venue

The Website (excluding links to websites operated by others) is controlled and operated by The MacArthur from its offices in and around Los Angeles, California. Although The MacArthur has made no effort to publish the Website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web.

As each of these states and countries have laws which may differ from those of California and from each other, and as you and The MacArthur both benefit from establishing a predictable legal environment in which to access and use the Website, by accessing and/or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the internal laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of the State of California, County of Los Angeles. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and release The MacArthur and its directors, officers, employees, agents, representatives and funders from all claims, causes, allegations, costs, expenses, fees (including actual attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall neither The MacArthur or its Affiliates, Directors, Officers, Employees, Agents or Funders will have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if The MacArthur has been advised of the possibility of such damages) arising from or related to Your use of the Website or its content.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms of Use and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting The MacArthur.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein will not in any way be affected or impaired thereby. Such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and if unreformable, will be severed and deleted from these Terms of Use.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Any waiver of any provision of this Terms of Use agreement must be in writing and signed by an authorized representative of The MacArthur. The MacArthur’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless agreed to in writing by The MacArthur.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: info@themacarthur.com.