Terms & Conditions
By accessing Arkansas Business online on ArkansasBusiness.com ("the Site") or by otherwise accessing any content found on this website or by using any digital edition of Arkansas Business newspaper or other digital edition published by Arkansas Business (each a “Digital Edition”), you are entering into an agreement with Arkansas Business Limited Partnership ("Arkansas Business") and agree to the terms that follow. ArkansasBusiness.com is owned and operated by Arkansas Business.
Arkansas Business and ArkansasBusiness.com are brand names of:
Arkansas Business Limited Partnership
114 Scott St.
Little Rock, AR 72201
The contents and design of the Site, any Digital Edition and any material emailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Edition (such contents, design and materials being collectively referred to as the "Arkansas Business content"), is copyrighted material of Arkansas Business Limited Partnership and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as "Arkansas Business" name and logo or other trade names appearing on the Site) for any reason without written permission from Arkansas Business. The software that operates the Site and all Digital Editions is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Arkansas Business content
All Arkansas Business content is strictly for personal, non-commercial use only.
You may retrieve and display Arkansas Business content from Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Editions only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Arkansas Business content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Arkansas Business:
reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Arkansas Business content; or
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Arkansas Business content (including as part of any library, archive or similar service) without the prior written consent of Arkansas Business; or
remove the copyright or trademark notice from any copies of Arkansas Business content made under these Terms.
Any use of Arkansas Business content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Production department, PO Box 3686, Little Rock, AR 72203, or submitted using our contact form, and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Editions may only be open to registered users. You are solely responsible for the confidentiality and use of and access to Arkansas Business content and the Site and/or Digital Editions using your user name and/or password. You agree to immediately notify Arkansas Business if you become aware of the loss, theft or unauthorized use of any password, user ID or email address or of any Arkansas Business content. You will provide Arkansas Business with accurate, complete registration information and inform Arkansas Business of any changes to such information. For the purpose of confirming your compliance with these Terms, Arkansas Business reserves the right to monitor and record activity on the Site and Digital Editions, including access to Arkansas Business content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. Arkansas Business does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/or a Digital Edition if you do this without further obligation to you.
Fees and Payments
You are responsible for any fees that are payable.
Access to some Arkansas Business content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by Arkansas Business. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Edition using your ID.
If your use of the Site is terminated by Arkansas Business, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from Arkansas Business's third party partners. In that event, your contract for such products will be with the third party partner and not with Arkansas Business.
All refunds are at the discretion of Arkansas Business. Any refunds can only be made to the credit/debit/charge card that was used for the original purchase.
Changes to the Site
Arkansas Business reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Arkansas Business content available on the Site and/or on a Digital Edition at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All Arkansas Business content and services are provided "as is." You indemnify us.
Although we desire to ensure the high quality and accuracy of the Site and Digital Editions, Arkansas Business makes no warranty, express or implied concerning Arkansas Business content, any Digital Edition, the Site or any software that are made available through the Site (the "Services"), which are provided "as is." Arkansas Business expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Arkansas Business, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Arkansas Business has been advised of the possibility that such damages may arise. Arkansas Business does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Arkansas Business or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by Arkansas Business exceed the amount, if any, paid by you to Arkansas Business for the particular Service to which the claim relates.
Upon Arkansas Business's request, you agree to defend, indemnify and hold harmless Arkansas Business, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Arkansas Business will not be held responsible for circumstances beyond its control.
Arkansas Business, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Arkansas Business content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Additional Terms apply to your use of Arkansas Business content.
Changes to these Terms.Arkansas Business may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Editions and/or Arkansas Business content). Whenever the Terms are changed, Arkansas Business will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Edition after Arkansas Business has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Edition any further after they are published. Access to certain Arkansas Business content may be subject to additional terms and conditions.
Advertising, Third Party Content and Other Web Sites.Parts of the Site and/or Digital Editions may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Arkansas Business is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Editions may also contain links to other web sites. Arkansas Business is not responsible for the availability of these websites or their content.
Assignment of Agreement.This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Arkansas Business.
Non-Waiver.No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices.Notices to Arkansas Business must be given in writing, by letter, and sent to PO Box 3686, Little Rock, AR 72203 (to the attention of the Publisher).
Severability/Survival/Statute of Limitations.If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Pulaski County, Arkansas, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement.Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings.Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
Arkansas Business may terminate or suspend your access to Arkansas Business content at any time.
Arkansas Business may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Edition (including any Arkansas Business content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Arkansas Business under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, United States law. The parties irrevocably agree that the courts of the United States shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the United States courts.
For the exclusive benefit of Arkansas Business, Arkansas Business shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.