Terms and Conditions of Use
Please Read These Terms Carefully Before Using This Site
Welcome to aboutarc.com (the "Site"). This Site is provided by American Residential Communities, Inc. and its
affiliates and subsidiaries (collectively "ARC") as a service to our shareholders, partners, residents, customers
and others interested in learning more about ARC. Please review the following basic Terms and Conditions of Use
that govern your use of the Site or any portion thereof (collectively, the "Agreement"). In the Agreement, the
term "you" refers to each individual user of the Site and, if applicable to your use, your employer. Please note
that your use of the Site constitutes your unconditional agreement to follow and be bound by the Agreement. If
you do not agree to abide by and be bound by these terms and conditions, do not use the Site or download Content
(as defined below) from the Site. Although you may "bookmark" a particular portion of the Site and thereby bypass
the Agreement, your use of the Site still binds you to the Agreement. ARC reserves the right to update or modify
the Agreement at any time without prior notice. Your use of the Site following any such change constitutes your
unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to
review the Agreement whenever you use the Site.
PRIVACY
Please review the ARC Privacy Policy, which also governs your visit to
the Site, so that you may understand our privacy practices.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials on the Site, including, without limitation, logos, trademarks, slogans, images,
text, illustrations, designs, icons, photographs, programs, video and audio clips and written and other materials
that are part of the Site (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled or licensed by ARC. You agree to comply with all trademark and copyright laws worldwide in
your use of the Site and to prevent any unauthorized copying of the Content.
The Content and compilation of Content (meaning the collection, arrangement, and assembly) on the Site is the exclusive
property of ARC and is protected by United States and international copyright laws and treaties.
Certain of the trademarks, logos, and service marks displayed on the Site (collectively, "Trademarks") are the registered
and unregistered marks of ARC, in the United States and other countries, and are protected by Untied States and
international trademark laws. All other Trademarks not owned by ARC, that appear on the Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by ARC.
Except as expressly provided herein, ARC does not grant any express or implied right to you under any of our intellectual
property, including, without limitation, patent, Trademark, copyright or trade secret information.
USE OF THE SITE
ARC grants you a limited, revocable, non-exclusive license to view and download the Content only for your personal,
non-commercial use. This authorization is not a transfer of title in the Content and any use of the Content is subject
to the following restrictions: (1) you must retain, on all copies of the Content downloaded, all copyright and other
proprietary notices contained in the Content; (2) you may not modify the Content in any way, including creating
derivative works based on the Content, or reproduce or publicly display, perform, or distribute or otherwise use the
Content for any public or commercial purpose; (3) you must not transfer the Content to any other person unless you give
them notice of, and they agree to accept, the obligations arising under the Agreement; (4) you may not use any meta-tags
or any other "hidden text" utilizing the name or Trademarks of ARC without ARC's express written consent; (5) you may
not frame or utilize framing techniques to enclose the Site or any portion thereof without ARC's prior written consent;
and (6) you agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to
any other remedy provided by applicable law.
EXTERNAL LINKS TO THE SITE
A Web site that links to the Site (1) may link to, but not replicate, the Content; (2) may not imply that ARC is
endorsing such Web site or its services or products; (3) may not misrepresent its relationship with ARC; (4) may not
link to any page of the Site other than the Site's home page; (5) may not use any of ARC's proprietary Trademarks or
other distinctive graphics or video in its links, without ARC's prior written consent; and (6) may not link in any
manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by ARC; (ii) cause confusion,
mistake, or deception; (iii) dilute ARC's Trademarks; or (iv) otherwise violate state or federal law. ARC reserves
the right, in ARC's sole discretion, to revoke this consent to link at any time. Upon receipt of ARC's request that
you remove any link to the Site, you shall immediately remove such link.
EXTERNAL LINKS FROM THE SITE
As a convenience, ARC may provide links to Web sites operated by other entities. If you elect to visit any linked site
you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or
other destructive elements. ARC makes no warranty or representation regarding, and does not monitor, endorse, sponsor
or recommend any linked Web sites or the information appearing thereon or any of the products or services contained
thereon. Links do not imply that ARC sponsors, endorses, or is affiliated or associated with such sites, or is legally
authorized to use any trademark or copyright displayed in or accessible through the links, or that any linked site is
authorized to use any Trademark or copyright of ARC.
ACCURACY OF INFORMATION
THE INFORMATION CONTAINED AT THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ARC DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THIS SITE OR ANY LINKED WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ARC RESERVES THE RIGHT, IN ARC'S SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ARC MAY MAKE ANY OTHER CHANGES TO THIS SITE
AND THE INFORMATION CONTAINED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
DISCLAIMER
THIS SITE IS PROVIDED BY ARC ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR PRODUCTS INCLUDED ON THIS SITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF
THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL ARC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUBCONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL LOSSES OR OTHER DAMAGES OF
ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ANY PORTION OF THE SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF INFORMATION OR PROGRAMS
OR LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF ARC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
To the greatest extent permitted by applicable law, you agree to defend, indemnify and hold ARC harmless from and
against any and all losses, damages, costs and expenses, including attorneys' fees, resulting from any third party
claim, action or demand arising from or related to your use of the Site.
CHANGES TO THE AGREEMENT
ARC reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Agreement, in whole
or in part, at any time. Your continued use of the Site after any changes are posted will be considered acceptance of
those changes. You should visit this page from time to time to review the then-current Agreement because it is binding
on you.
CHANGES TO THE SITE
ARC may modify, suspend, withdraw or discontinue temporarily or permanently any Content or aspect of the Site, including
the availability of any features of the Site, at any time without notice. ARC may also impose limits on certain features
and services or restrict your access to parts or all of the Site without notice or liability. ARC may terminate the
authorization, rights and license given above and, upon receipt of notice of such termination, you shall immediately
destroy all Content in your possession.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized
to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or
services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or criminal liability. ARC will investigate
occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree,
further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the
search engine and search agents available on the Site and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
SAFE HARBOR STATEMENT
The forward-looking statements contained within this Web site are within the meaning of the Securities Act of 1933 and
the Securities Exchange Act of 1934, and ARC intends that such forward-looking statements will be subject to the safe
harbors created thereby. These forward-looking statements are subject to certain risks and uncertainties including, but
not limited to, ARC's ability to maintain rental rates and occupancy; ARC's assumptions about rental and home sales
markets continuing at their current strong levels; the effect of interest rates as well as other risks indicated from
time to time in ARC's filings with the Securities and Exchange Commission. ARC assumes no obligation to update or
supplement forward-looking statements that become untrue because of subsequent events.
APPLICABLE LAWS
This Site is controlled, operated and administered by ARC from our offices within the United States of America. ARC
makes no representation that information in the Site is appropriate or available for use in other locations outside of
the United States. Access to the Site from countries or territories where the Site's content is illegal is prohibited.
If you access the Site from locations outside the United States, you do so on your own initiative and you are responsible
for compliance with all applicable local laws. The Agreement is governed by and construed under the laws of the State of
Colorado (1) without giving effect to its conflict of laws provisions, and (2) as such law applies to agreements between
Colorado residents entered into and to be performed within Colorado. Any action or proceeding arising out of or related
to the Agreement or your use of the Site must be brought in the state or federal courts of Colorado.
NON-SOLICITATION
ARC does not solicit information or business in any state or jurisdiction where it is not licensed to conduct the
business or activity at issue. For more information as to where ARC is licensed to conduct business, please contact
us at contact@aboutARC.com.
COMPLETE AGREEMENT
You acknowledge and agree that these Terms and Conditions, together with our
Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and
supersede and govern all prior proposals, agreements, or other communications.
NO WAIVER
If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to
the extent necessary to make it enforceable and the other terms of the Agreement shall remain in full force and effect.
The failure of ARC to act with respect to a breach of the Agreement by you or others does not constitute a waiver and
shall not limit ARC's rights with respect to such breach or any subsequent breaches.
VIOLATIONS
Please report any violations of the Agreement to ARC at contactRequest@aboutARC.com.
