Legal / Privacy

www.arescorporation.com

Visitor Agreement

Terms and Conditions of Use

Welcome to the website of ARES Corporation (“ARES”). All use of this site and its contents are subject to the following terms and conditions. If you do not agree, then please do not access and use the site or any content or materials. By proceeding to access and use the site, you agree to be bound by the terms and conditions of this Visitor Agreement.

Your Privacy

ARES Corporation respects the privacy of its visitors to this website. Submitting personal information to ARES via this site is voluntary. If you voluntarily submit information, it constitutes your consent to the use of the information for the purpose(s) stated at the time of submission and for ARES own marketing purposes, such as providing you periodic news and information updates about ARES, its products and services, promotions and programs. ARES Corporation will not share or sell personal information to any non-affiliated third party without the consent of the visitor.

ARES Corporation may record non-personal information from a visitor of the type customarily logged by web server software, including but not limited to the date and time, the originating IP address, the information requested, and the completion status of the request. We may analyze these web logs to determine the traffic through the web server, the number of pages served, and the level of demand for pages of interest. We may also analyze access to particular pages to determine use and other statistics that may be of value in establishing priorities and allocating resources in order to better serve our visitors.

ARES Corporation may use persistent cookies or persistent tracking technologies, such as those used for session customization for returning visitors on the website. We may also use memory resident cookies (not persistent) to maintain browser session integrity. No personal information is collected through the use of cookies.

Requests for the removal of personal information from ARES’ readily accessible business records should be directed to: ARES Corporation, 1440 Chapin Avenue, Suite 390, Burlingame, CA 94010-4061, Attention: Director of Online Customer Relations.

Your Feedback and Submissions

ARES Corporation invites you to send in your questions or comments about this site or our products and services, or to bring to our attention any information that you believe to be inaccurate. Please send your comments and questions through the online feedback form you will find on the site.

Please note that all submissions to this website becomes the sole property of ARES Corporation and may be used (or not), reproduced, modified, publicly displayed and/or distributed in ARES sole discretion without notice or payment or other consideration to you of any kind.

You are solely responsible for any information that you submit to use and you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or information that violates the rights of others, or any other material or malicious code that interferes or attempts to interfere with the operation of this site. ARES Corporation reserves the right (but assumes no obligation) to delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Ordering Products and Services / Account Registration

ARES Corporation may make products and services available for order via this website from time to time. To place an order. access certain services or participate in certain online activities on this website, ARES may require you to register and provide a user name and password and other information. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. You also agree to preserve the confidentiality of your password and to notify ARES us of any known or suspected unauthorized use of your account. Any order via this website shall be subject to the availability, terms, and other conditions that apply to the particular products and services at the time the order is placed. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice to you.

Links From and To Third Party Sites

ARES Corporation welcomes standard character links to this site’s homepage. ARES does not permit deep linking, framing or inline linking to this website or any portion of it.

Please note that ARES Corporation is not responsible for the content, products or services found on any third party website linked to or from this site. Any link to or from another website is for the convenient use of visitors only and does not constitute an affiliation, sponsorship or endorsement of the owner of the linked site or of any third party content, products or services. No link to this site shall state or imply any affiliation, sponsorship, or endorsement of the third party site, products or services by ARES Corporation without the prior written consent of ARES.

Ownership and Property Rights

This site and the content, information and materials available through this website are the property of ARES Corporation or its licensors, and are protected by domestic and international copyright, trademark and other intellectual property laws, all rights reserved.

You may access, review, download and print information and materials made available from this site for non-public, non-commercial uses only (not excluding internal business use for a contemplated or actual business relationship with ARES Corporation).

Except as stated herein or as permitted by law, you may not use, reproduce, publicly display, transmit or distribute any portion of this site, its content, information or materials, without the prior written consent of ARES Corporation or it’s licensors.

Requests for permission to reproduce, publicly display or distribute any information or materials found on this website should be sent to ARES Corporation, 1440 Chapin Avenue, Suite 390, Burlingame, CA 94010-4061, Attention: Dr. Richard J. Stuart.

Trademarks

ARES CORPORATION, AVERT, SYRIS and PRISM are trademarks and/or service marks of ARES Corporation. Other trademarks appearing on this website or other sites linked to and from this website are the property of their respective owners. Except as permitted by law, you may not use any trademark, service mark or other designation of source, origin or affiliation appearing on this website without the prior written consent of the owner of the mark.

Indemnification

By accessing and using this site, you agree to indemnify, defend, and hold harmless ARES Corporation (including all of its officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these terms and conditions or other unauthorized use of this website, its content, information and materials. Your indemnification obligation shall survive the termination of your use of this site and/or its content and materials . ARES reserves the right at is sole expense to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with ARES Corporation in connection with any such defense.

Disclaimer of Warranties and Liability

THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

YOU AGREE THAT THE USE OF THIS WEBSITE AND ITS CONTENTS AND MATERIALS ARE AT YOUR SOLE RISK.

ARES CORPORATION AND ITS AGENTS AND LICENSORS DO NOT WARRANT THIS WEBSITE OR ITS CONTENT, INFORMATION AND/OR MATERIALS WILL BE ACCURATE, COMPLETE, USEFUL FOR ANY PARTICULAR PURPOSE, TIMELY, ERROR-FREE, AVAILABLE AT ALL TIMES OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY ACCESS AND USE OF CONTENT, MATERIAL AND/OR DATA OBTAINED THROUGH THIS WEBSITE.

ARES CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARES CORPORATION NOR ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ARES, ITS AGENTS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall ARES or its agents or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

Termination of Access or Services

ARES Corporation retains the right at any time to terminate, suspend or deny access to this website and its content and/or materials or services for any reason, or to anyone who fails to comply in full with these terms and conditions, or to anyone who threatens or attempts to violate any of these terms or conditions or any other terms, agreements, or policies that apply to this site or its content or materials, as ARES may determine in its sole discretion.

Legal Disclosures

ARES Corporation will comply with all requirements of the law regarding a visitor’s use and/or submissions to this website with or without notice to the visitor as ARES deems necessary and appropriate in its sole discretion.

Miscellaneous

This Visitor Agreement has been made in and shall be governed by and construed in accordance with the laws of the State of California (USA) without application of conflict of laws provisions. To the extent any sales are made pursuant to this website, this Visitor Agreement and any related transaction agreement shall not be governed by the United Nations Convention on the International Sales of Goods, the application of which is hereby excluded.

You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in and for San Mateo County, California, USA for any dispute arising from or related to this Visitors Agreement or the access and use of this website or any content, materials or services obtained through this website. Regardless of any law to the contrary, any claim or cause of action related to this Agreement or the Services must be commenced within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement constitutes the entire agreement between you and ARES with respect to the subject matter addressed herein unless supplemented by another agreement in writing between you and ARES. ARES reserves the right to modify these terms and conditions from time to time for any reason without advance notice, and without liability to you or any other user or third party. Please review these terms and conditions from time to time so that you will be apprised of any changes.

The failure of ARES to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by a duly authorized agent of ARES Corporation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed and the remaining provisions of this Agreement shall remain in full force and effect. The section headings used in this Agreement are for convenience only and have no binding legal effect.

This website and all products and services provided by ARES Corporation not intended to be used by any minor.

ARES Corporation, 1440 Chapin Avenue, Suite 390, Burlingame, CA 94010-4061.

Effective Date: February 10, 2006