Terms and Conditions

Legal Notice

Effective Date: August 26, 2026

These Terms and Conditions (“Terms”) are effective as of the date indicated above and govern your access to and use of American Regent, Inc.’s websites, networks, mobile applications, and other services. By accessing or using these Services, you agree to be bound by these Terms.

PLEASE NOTE: These Terms include a binding arbitration provision and class action waiver. By agreeing to these Terms, you agree that all claims against American Regent, Inc., including its affiliates, will be resolved by binding, individual arbitration and waive your right to bring or participate in any class, group, or representative action or proceeding except as stated below.

I. DEFINITIONS:

A. Parties

B. “Services” refers to ARI’s websites, networks, mobile applications, or other services provided by or on behalf of ARI.

C. “Content” refers to text, images, photos, audio, video, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and all other forms of data or communication whether provided by you, ARI, or a third party.

II. CHANGES TO THESE TERMS AND CONDITIONS

ARI may revise and update these Terms without notice, including adding and deleting terms. All changes are effective immediately upon posting on ARI’s websites. If you do not agree to the revised terms, your recourse is to stop using the Services. Continued use of the Services following a change to the Terms indicates your acknowledgement and your agreement to be bound by the revised Terms.

III. MODIFICATION, SUSPENSION, OR TERMINATION OF THE SERVICE

ARI reserves the right to modify, suspend, or terminate, temporarily or permanently, the Services or any feature or component of the Services, in whole or part, to any individual, group, or everyone, for any reason at ARI’s sole discretion.

IV. GOVERNING LAW

These Terms, and all claims arising out or relating to these Terms, will be governed by the law of the state of New York, without regard to its conflicts of law principles.

V.ELIGIBILITY

1. You may not use the Services if ARI has previously suspended or removed you from the Services.
2. By using the Services, you represent:
   1. If you are an individual, that you are at least 18 years of age;
   2. If you are a company or organization, that the person creating the account has the authority to act on behalf of that entity, and that such entity accepts these Terms;
   3. You have not been previously suspended or removed from the Services; and
   4. Your use of the Services complies with all applicable laws and regulations.

VI. PRIVACY

ARI’s Privacy Notice can be found at https://americanregent.com/privacy-policy/.

VII. ACCOUNTS

A. Access to some of the Services may require you to first establish an account with ARI.

B. You agree to provide accurate, current, and complete information about yourself and to use the account management tools to keep such information accurate, current, and complete.

C. If a password is required, you also agree to keep your password confidential. You should not reuse your account password for the Services for other applications or services. You also acknowledge that your account belongs only to you and agree not to provide any person other than you (if an individual) or not acting as your agent (if a company or organization) with access to the Services or portions of them using your username, password or other security information. You are responsible for maintaining the security of your account and password, and you are responsible for all actions taken with your account.

D. You may deactivate your account or otherwise stop using the Services at any time, for any reason.

E. ARI may suspend or terminate your account for any reason at any time.

VIII. SERVICES

A. Use of the Services

Subject to strict compliance with these Terms, ARI grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your use.

All rights not expressly granted are reserved by ARI and, as appliable, its licensors and other third parties.

B. Communications by the Services

By using the Services, you consent to accept and receive communications from ARI through the Services or by other means such as e-mail, push notifications, text messages (including SMS and MMS), and phone calls at the addresses you provide to ARI. These communications may promote ARI and may be initiated by ARI or third parties on ARI’s behalf. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your carrier for certain communications such as SMS messages or phone calls.

C. Prohibited Activities

You agree that you will not, and you will not attempt to:

1. Copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, or use the Services and/or information provided therein to create a derivative work;
2. Decompile, disassemble, and/or reverse engineer any portion of the Services, including any included third-party Content or services;
3. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
4. Distribute viruses or other harmful computer code through the Services or through any third-party Content or service;
5. Use the Services to send or facilitate the sending of mass unsolicited data packets, SMS texts, e-mails, or other traffic, such as distributed denial of service (DDoS) or “spam” communication efforts;
6. Use or access for the benefit of an entity subject to economic sanctions in the United States and other appropriate jurisdictions;
7. Use or grant access that would violate the import or export laws of the United States and other appropriate jurisdictions;
8. Use the Services to violate any local, state, or national law;
9. Use the Services in any way that harms ARI, its service providers, suppliers, affiliates, or any other user of the Services;
10. Harvest any information from the Services;
11. Take any action that, at ARI's sole discretion, is deemed to impose an unreasonable or disproportionately large load on ARI's infrastructure or otherwise make excessive traffic demands of the Services;
12. Conduct automated queries or other automated activity with the purpose of obtaining information from the Services;
13. Attempt to gain unauthorized access to the Services, user accounts, computer systems, or networks connected to the Services;
14. Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Service;
15. Deny access or use of the Services to any user other than yourself;
16. Commit, incite, or threaten an act of violence through the Services;
17. Defame another through the Services;
18. Violate the privacy of another through the Services;
19. Engage in conduct that ARI, at its discretion, finds vulgar, obscene, or offensive; and
20. Otherwise use the Services in any manner that exceeds the scope of use granted above.

IX. THIRD PARTY CONTENT AND WEBSITES

A. ARI's Services may provide access to outside Content. Additionally, the Services may include third-party applications, products, or services. ARI may also offer Services through other third-party services.

B. Your use of third-party Content and services, whether on the Services or elsewhere, is subject to all terms, conditions, practices, and policies set forth by those services and are at your own risk. ARI makes no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations including the privacy, security, exchange, and transmission of your data. ARI does not endorse nor hold responsibility for information, practices, and policies of third-party Content and services.

C. As ARI is distinct from any third-party Content or services with whom ARI partners for the Services, or to which ARI otherwise links to, you acknowledge and agree that ARI is not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of such third-party websites, or resources contained therein, and that ARI is not responsible or liable for any Content, advertising, products, or other material available from such third-party Content or services. Further, you acknowledge that ARI shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any Content, material, or services available through any third-party Content or services.

X. DISPUTE RESOLUTION

A. Disputes

1. You and ARI recognize that a bona fide dispute as to any matters arising out of or relating to these Terms (including their validity, amendment, waiver or termination, and the consequences thereof) (a “Dispute”) could arise.

2. In the event of the occurrence of such a Dispute, the Party raising the Dispute will send written notice to the other Party and the Parties shall initially attempt to resolve the Dispute by good faith negotiations between the Parties within thirty (30) days after such notice is received (“Negotiation Period”). The Negotiation Period may be extended only by written consent of the Parties.

B. Binding Arbitration

1. In the event that an agreement is not reached during the Negotiation Period, you or we agree that any Dispute, except for those identified in Section C below, shall be adjudicated exclusively by binding arbitration. You or we may only initiate such arbitration by first providing written notice to the other Party.

2. General Arbitration Procedures

a. Unless the Parties agree in writing on a different set of arbitration rules, the arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq., and conducted in accordance with the arbitration rules established by the American Arbitration Association (“AAA”).

b. If an in-person hearing is to be held and you and we do not agree to the location for the hearing, the Parties can agree to hold the hearing by video conference (e.g., Microsoft Teams®); otherwise, the AAA will determine the location of the hearing. If a party does not agree with the AAA’s decision as to the location of a hearing, that party can ask the arbitrator, once appointed, to make a final determination.

c. If the parties agree, disputes may be resolved by submission of documents alone without in-person or video hearings. For cases being decided by the submission of documents only, the AAA’s rules for document-only arbitrations shall apply.

d. Any dispute regarding arbitrability of the Dispute or of this agreement to arbitrate shall be decided by the arbitrator.

e. Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the AAA’s rules and fee schedules, unless otherwise stated in these Terms.

f. The arbitrator shall base their decision on these Terms, as interpreted under the governing law set forth in Section IV. The decision of the arbitrator shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered by any court of competent jurisdiction. The arbitrator shall be empowered to grant any award in law or equity including, but not limited to, monetary damages (which shall be limited to compensatory damages only), injunctive relief, including temporary restraining orders prior to rendering a final judgment.

g. Other than as provided herein, no arbitration or litigation shall commence between you and ARI prior to or during the Negotiation Period, except for equitable remedies such as injunctive relief or specific performance.

h. The agreement to arbitrate contained in this Section shall continue in full force and effect despite the expiration or termination of this agreement.

C. Exceptions From Arbitration

You and ARI each retain the rights to:

1. Have any claims resolved in small claims court on an individual basis within the scope of such court's jurisdiction; or
2. Bring an action in state or federal court to protect intellectual property rights such as copyrights, patents, moral rights, trademarks, trade secrets, and other confidential or proprietary information, but not privacy or publicity rights.

D. Class Action Waiver

You and ARI agree that, to the extent allowed by law, claims may only be brought against the other on an individual basis, and not on a class, representative, or collective basis. Each Party may only seek or obtain individualized relief, and except as provided in “Batch Arbitration” below, disputes between the Parties cannot be arbitrated or consolidated with those of any other person.

E. Batch Arbitration

1. In the event that, in a ninety (90) day period, twenty-five (25) or more similar arbitration demands (demands with the same or substantially similar facts or claims and seeking the same or substantially similar relief) are submitted by parties represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to three hundred (300) claimants each.

2. Upon notice of either Party, the AAA shall group the claimants into batches of up to three hundred (300) claimants. All the claims in each batch shall be resolved as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of arbitration fees, one hearing (if any) per batch, and one final award, provided the parties agree to cooperate in good faith to establish a process to establish individual issues.

XI. DISCLAIMER OF WARRANTIES

A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

B. ARI is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication caused by the user, ARI, or a third-party. ARI is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person's computer related to or resulting from using our Services. Under no circumstances will ARI or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of our Services, or any Content posted on, transmitted from or relayed through our Services. ARI does not guarantee or promise any specific results from your use of our Services.

XII. LIMITATIONS ON LIABILITY

A. THE SERVICES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.”

B. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ARI OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, ARI’s LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $5,000 USD OR THE AMOUNT PAID BY YOU TO ARI FOR ACCESS TO OR USE OF THE SERVICES.

C. YOU RELEASE ARI AND HOLD IT AND ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDERS, SUPPLIERS, AND ANY THIRD-PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO ARI’s WEBSITES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

D. To the extent ARI may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

XIII. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ARI, ITS AFFILIATES, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDERS AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

XIV. ADDITIONAL TERMS

A. The Terms contain the entire agreement between you and ARI regarding the use of the Services, and supersede any prior agreement between you and ARI on such subject matter. The Parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

B. The failure of ARI to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of any right or provision. If, for any reason, an arbitrator or a court of competent jurisdiction finds any portion of a provision of these Terms unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms will remain in full force and effect.

C. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the Parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

D. These Terms, and any rights or obligations under them, are not assignable, transferable or sublicensable by you except with ARI’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

E. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and ARI as a result of these Terms or your use of the Services.