Last Updated / Effective Date: October 21, 2022
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE AR FRANCHISING IN A CLASS ACTION LAWSUIT.
The Site and its Content
The Site provides you with information about the AR Homes® brand and its system of independently owned and operated franchisee building companies. AR Franchising grants you a personal, limited, and non-exclusive right to access, view and make personal and non-commercial use of the Site and Content (defined below).
Unless otherwise indicated, this Site, including its design, text, audio, graphics, photographs, interfaces, icons, documentation, other components and content, selection and arrangement of elements, organization, graphics, and the software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and compilation, and other matters related to this Site and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of AR Franchising or, as applicable, its vendors or licensors.
Intellectual Property Rights
The Site, and its features, functionality, and Content are protected by copyright, trademark, trade dress, and other intellectual property and proprietary rights. AR Franchising is the owner or licensee of the Site and Content. Our posting of any Content on this Site does not constitute a waiver of any right in such Content. Any unauthorized use of any copyrighted materials, trademarks, trade dress, or any other intellectual property or other proprietary rights belonging to AR Franchising or any third party is strictly prohibited.
Termination and Updates to the Site
The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by us in our sole discretion. We reserve the sole right to modify, upgrade, and change the Site or the Content. We may suspend or terminate the Site or any Content, in whole or in part, at any time in our sole discretion for any reason. We will not be liable if for any reason all or any part of the Site or its Content is unavailable. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, in our sole discretion.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content and we may restrict your access to the Site and the Content.
Without limiting the generality of the previous sections, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
You agree to abide by all applicable international, federal, state and local laws and regulations regarding your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). You also acknowledge and agree that use of the Site is solely at your own risk.
We respect the intellectual property rights of others and we ask that you do the same. We strive to expeditiously remove any infringing material from the Site if we become aware of it. It is our policy to terminate repeat infringers’ accounts. If you suspect that any information on our Site infringes your copyrights, please see our Digital Millennium Copyright Act Policy
If you submit information to us regarding your interest in learning more about becoming a franchisee, you represent that all information you submit to us is current, accurate and complete. Additional terms and conditions will apply if you apply for and/or become a franchisee.
You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site. WE ARE NOT LIABLE FOR ANY VIRUS YOU MIGHT RECEIVE FROM OUR SITE OR LINKS ON OUR SITE OR FROM DOWNLOADING CONTENT. YOU ACCESS OUR SITE AND CONTENT AT YOUR SOLE RISK.
You may use the Site and Content only for lawful purposes and in accordance with these Terms. Except as otherwise expressly stated elsewhere in these Terms:
- You shall not copy, duplicate, reproduce, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without our prior written consent.
- You shall not use the Site for unlawful purposes.
- You shall not submit inaccurate, incomplete, or out-of-date information via the Site, or commit fraud or falsify information in connection with your use of the Site.
- You shall not engage in data mining or similar data gathering or extraction activities from the Site. You shall not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- You shall not access, use, or copy any portion of the Site or Content, including through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You shall not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems (“Virus”).
- You shall not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You will not access the Site for the purpose of engaging in competitive activities with us or our affiliates.
- You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, or (iv) use our computing resources beyond your authorization.
- Unauthorized, anonymous and/or pseudonymous communications are prohibited.
- You shall not frame, mirror or circumvent the navigational structure of any part of the Site.
- You shall not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You shall not engage in any conduct while using the Site that we consider inappropriate, unauthorized, or contrary to the intended purpose of the Site.
Links to our social media pages may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party, service or organization.
YOU USE THE SITE AND ITS CONTENT AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AR FRANCHISING, INC., AR Homes®, NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AR FRANCHISING, INC., AR HOMES®, NOR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PERMITTED BY LAW, AR FRANCHISING HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE. AR FRANCHISING ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR REPRESENTATIONS, AND IF THESE LAWS APPLY TO YOU, THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AR FRANCHISING, ITS OWNERSHIP, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS (TOGETHER, “AR PARTY(IES)”), AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE PREVIOUS PARAGRAPHS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE AR PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, OR THESE TERMS, EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE AR PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS, SETTLEMENTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS, DUE TO, ARISING OUT OF, OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OBLIGATIONS HEREIN).
Waiver and Severability
No waiver by AR Franchising of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AR Franchising to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AR Franchising.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, excluding any principles or rules of law that may direct the application of the law of another state.
Cooperation with Law Enforcement
AR Franchising will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD AR FRANCHISING AND THE AR FRANCHISING PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Third-Party Websites and Content
The Site may also contain certain third-party Content. We provide third-party Content for your convenience, not as an endorsement. The presence of third-party Content does not mean that we have reviewed the third-party Content or that there is any association between us and any third party. You access third-party Content at your own risk. Nothing in these Terms grants you any rights to any third-party Content.
Arbitration and Waiver of Class Arbitration
YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THE SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
- YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST AR FRANCHISING IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to AR Franchising’s right to appeal.
- Good Faith Discussions. You and AR Franchising must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
- Rules. You and AR Franchising agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and AR Franchising agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
- Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and AR Franchising.
- Location. You agree that arbitration shall take place exclusively in St.Petersburg , Florida. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Time Limit. Any claim by you arising in connection with the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.
- Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this Section, you and AR Franchising each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
If you provide input or suggestions regarding the Site, including related to AR Homes® (collectively the “Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use the Feedback for any purpose and in any manner we, in our sole discretion, deem proper.
Use of the Site is intended and only directed for users located within the United States. AR Franchising makes no representation that the Site is appropriate or available for use outside of the United States. If you choose to access this Site from a location outside of the United States, you do so at your own risk. THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS AR FRANCHISING OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS ILLEGAL OR PROHIBITED BY LAW.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of AR Franchising’s successors and assigns.
These Terms and any other documentation, agreements, notices, or communications between you and AR Franchising may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
If you have questions or concerns regarding these Terms, contact us at:
Attn: Marketing Department
160 Fountain Parkway
St. Petersburg, FL 33716
Copyright © 2022 AR Franchising, Inc. All rights reserved.
Digital Millennium Copyright Act Policy
AR Franchising, Inc. (“AR Franchising“, “we” or “us“) respects the intellectual property rights of others and expects you to do the same.
AR Franchising has registered with the U.S. Copyright Office under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“) so that if a copyright owner notifies us that materials on AR Franchising’s website (the “Site“), or linked to AR Franchising’s Site, infringe your copyright, you may request removal of those materials (or removal of access to them) from the Site as set forth below.
You must provide notice and counter-notice of any DMCA claims as set forth herein in compliance with the DMCA. AR FRANCHISING WILL ONLY RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAWS.
If we receive a valid notification of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner can respond with a counter-notification.
If we receive a valid counter-notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided notice of alleged infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten (10) business days of receiving the copy of the counter-notice.
Please be aware that if you knowingly, materially misrepresent that any material or activity on the Site: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
How to Report Claims of Copyright Infringement.
In accordance with the DMCA, if you believe any materials accessible on or from the Site infringe your copyright, you must provide a written notification to our designated agent listed below, that includes the following:
- Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed, with sufficient detail to permit us to locate it;
- A statement that you own the copyrighted work and that it be removed or disabled from the Site;
- Information sufficient to permit us to contact you, such as your name, address, telephone number and e-mail address;
- The following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent or by protection of law”;
- A statement that the notification is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner that is allegedly infringed;
- Your physical or electronic signature; and
- Your acknowledgment and agreement that the DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that materials infringe your copyright(s).
Please send either by email or written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:
If we take down your materials or remove access to your materials as a result of receiving a DMCA notification, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter-notification in accordance with the DMCA. The counter-notification must include the following:
- A list of the material(s) that was removed by AR Franchising, and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
- Adequate information so that we can contact you, including your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Florida if your address is outside of the United States);
- A statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
- State the following: ” I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your physical or electronic signature.
Please send either by email or written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:
For both mail and email notices, please include “Notice of Infringement” in the subject line.
It is AR Franchising’s policy to terminate repeat infringers’ use of the Site’s services, such as by terminating or disabling accounts (if applicable).