Effective Date: June 30, 2022
- Welcome to Aragorn. Through our aragorn.ai website (“Website”) we provide people resource
data integration platform and related services (collectively, the “Services”). The Website is
owned and operated by Aragorn AI, Inc. (“Aragorn”, “we”, “us” or “our”).
aragorn.ai/privacy-policy, which may be amended from time to time and effective upon posting,
References to “Users”, “you” or “your” mean you as a visitor to our Website. Customers are
required to enter into a separate customer agreement.
- IMPORTANT – PLEASE READ CAREFULLY:
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS
THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE
WEBSITE YOU ARE ACCEPTING THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE
WEBSITE OR THE SERVICES. THESE TERMS CONTAIN AN ARBITRATION
PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING
ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT
WAIVER. Please carefully review Sections 12-14 of these Terms for more information.
Changes to the Terms
- We regularly update and improve our Website and we may at times add, change, or remove
features or content, and these Terms may also need to change. The current version of these
Terms will be posted on our Website and will be effective immediately upon posting. By
continuing to use the Website following any such change, you accept and agree to be bound by
such modified Terms.
- We regularly update and improve the Services, and may at times remove features in order to
improve your ability to use the Services. Because we are constantly trying to improve our
Services, these Terms may also need to change. Modifications to these Terms will be posted on
the relevant area of the Website and will be effective immediately upon posting, provided,
however, that any amendment or modification to the arbitration, class action wavier, waiver of
jury trial, or any other provisions applicable to dispute resolution (collectively, “Dispute
Resolution Provisions”) shall not apply to any Disputes arising prior to the applicable
amendment or modification.
- If you do not agree with the new Terms, you are free to reject them; unfortunately, that means
you will no longer be able to use the Services. If you use the Services in any way after a change
to the Terms is effective, that means you agree to all of the changes.
- Personal Information. We will maintain and use your “Personal Information” as defined in, and
which modifications are effective as of the date posted on our Website. Your continued access
or use of the Website or purchase or use of our Services indicates that you agree with such
- Use By Minors. We do not knowingly collect or solicit Personal Information from children under
18. If you under 18, please do not attempt to register for the Services or send any Personal
Information about yourself to us. If we learn we have collected Personal Information from a child
under 18, we will delete that information as quickly as possible. If you believe that a child under
18 may have provided us Personal Information, please contact us.
Restrictions on Use of the Website
- You may use the Website only for lawful purposes and in accordance with these Terms. You
agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from
the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information or
- To transmit, or procure the sending of, any advertising or promotional material without our
prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar
- To impersonate or attempt to impersonate us, our employees, another user or any other
person or entity (including, without limitation, by using email addresses or screen names
associated with any of the foregoing);
- In any manner that could disable, overburden, damage, or impair the Website or interfere
with any third party’s use of the Website, including their ability to engage in real time activities
through the Website; or,
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the
Website, or which, as determined by us, may harm us or users of the Website or expose
them to liability.
- Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website for
any purpose, including monitoring or copying any of the material on the Website;
- Use any device, software or routine that interferes with the proper working of the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or database
connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or,
- Otherwise attempt to interfere with the proper working of the Website.
User Feedback; Third-Party Social Media Postings
- By submitting any ideas or suggestions to us (through our Website, social media sites, or other
digital platforms, or through Google or other review sites, or other means) related to
improvements to the Website (collectively, “Feedback”) you agree that such Feedback shall be
deemed, and shall remain, our property, and you agree to and do hereby assign to us all your
right, title, and interest in and to all Feedback (including without limitation intellectual property
rights and moral rights) without compensation or further notice to you. We shall be entitled to
use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise,
without compensation or further notice to you. None of the Feedback shall be subject to any
obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any
- By posting or submitting for posting User content to our Facebook, YouTube, Instagram, or other
social media pages or platforms, or on other websites, e.g., Facebook, Google, Yelp, Trip
Advisor, etc., you agree to and do hereby grant us and our licensors, affiliates, partners,
successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable,
transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer,
distribute, reproduce, rearrange, edit, modify, aggregate, summarize, translate, create derivative
works of and publicly perform the User Content that you post or otherwise submit to us for any
purpose, in any form, medium, or technology now known or later developed.
- Term. These Terms shall commence upon your use of the Website or the Service and shall
continue until terminated.
- We reserve the right to deactivate any accounts which have not been active for at least
six (6) months. We reserve the right to delete data in deactivated accounts.
- We reserve the right to stop providing access to the Website at any time for any reason
and without prior notice.
From time to time, we may offer programs or otherwise make available services or products that are still in the early stages of development or otherwise not yet completely developed(“Beta Programs”). By participating in any of our beta programs, you understand, acknowledge and agree that we make no guarantee, whatsoever, as to the usability, feasibility or functionality of the services or products made available through the beta program. Your participation in the Beta Programs is completely at your own risk. Restrictions and limitations apply.
Intellectual Property. You agree that use of the Website and the Services does not constitute any basis for ownership of the Website and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Website and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on our behalf on the Website. The Website and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Website. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are our property, or that of our affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Website shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Website will terminate the permission or license granted herein and may violate applicable law.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT INNO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO THE AVAILABILITY,CORRUPTION OR DELETION OF THE WEBSITE ARISING OUT OF OR IN RELATION TOTHIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DONOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE USE OF THE WEBSITE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE, THE NON-DELIVERY ORMIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS C
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FORANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES,AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY USER CONTENT IS TO STOP USING THE WEBSITE.YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES,DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS,SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES,AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TOUS FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100).
- Exceptions by Some States or Countries on Non-Allowance of Exclusion.
- SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY
IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE
OF PURCHASE OF PRODUCT OR SERVICES, AS APPLICABLE. HOWEVER, SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
- NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- NOTICE TO NEW JERSEY RESIDENTS:
- IF YOU ARE A VISITOR TO THE WEBSITE FROM NEW JERSEY, CERTAIN
LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE
WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE
CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT
OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR
INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR
PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR
PROPERTY; AND, (C) THERE IS NO WAIVER OF YOUR RIGHT TO
ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO
THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS
OF THIS SUBSECTION ONLY APPLY TO GOODS AND SERVICES USED FOR
PERSONAL, FAMILY, AND HOUSEHOLD PURPOSES.
By utilizing the Website you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Website in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights).We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.
Cooperation with Law Enforcement and Government Agencies; Required Disclosures
- You acknowledge that we have the right to investigate and prosecute violations of these Terms,
including intellectual property, publicity and privacy rights infringement and website security
issues, to the fullest extent of the law. We may involve and cooperate with law enforcement
authorities in prosecuting users who violate these Terms. You acknowledge that we have no
obligation to monitor your access to or use of the Website or the Services, but we have the right
to do so for the purpose of operating the Website, to ensure your compliance with these Terms
or to comply with applicable law or the order or requirement of a court, administrative agency or
other governmental or regulatory body.
- You understand and agree that we may disclose your Personal Information if required to do so
by law, court order, legal process, or subpoena, including to respond to any government or
regulatory request (after, if permitted, giving reasonable notice to you and using commercially
reasonable efforts to provide you with the opportunity to seek a protective order or the
equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the
law, comply with legal process served on us or our affiliates or partners, or investigate, prevent,
or take action regarding suspected or actual illegal activities; (b) to enforce these Terms
(including for billing and collection purposes), take precautions against liability, to investigate
and defend ourselves against any third-party claims or allegations, to assist government
enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or
protect the rights, property, or the safety of us, our users or others.
- Time Limitation. Any claim or action against us must be brought within twelve (12) months of the
cause arising, otherwise such claim or action is permanently barred.
- MANDATORY BINDING ARBITRATION
- Other than for the grounds set forth in Section 12.C (labeled “Exceptions to Agreement
to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or
relating to the Terms or the breach thereof or the access or use of the Website, the
parties hereto shall use reasonable efforts to settle the dispute, claim, question, or
disagreement. To this effect, the parties shall consult and negotiate with each other in
good faith and, recognizing their mutual interests, attempt to reach a just and equitable
solution satisfactory to both parties. If the parties do not reach such solution within a
period of thirty (30) days, then, upon notice by either party to the other, such dispute,
claim, question or disagreement shall be resolved by binding arbitration in Lewisville,
Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration
Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having
jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party
hereto and with the AAA. The demand for arbitration shall be made within a reasonable
time after the dispute has arisen, and in no event shall any such demand be made after
the date when institution of legal or equitable proceedings based on such dispute would
be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator
shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the
parties, but if they do not so agree within twenty (20) days after the date of the notice of
a demand for arbitration referred to above, the selection shall be made pursuant to the
Commercial Arbitration Rules of the AAA from the panels of business arbitrators
maintained by the AAA. The decision of the arbitrator shall be made in writing and shall
be final. Judgment may be entered upon it in any court having jurisdiction thereof, and
the decision shall not be subject to vacation, modification or appeal, except to the extent
permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which
Sections the parties agree shall apply. The expenses of arbitration, including and the
fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
- The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any
other monetary relief not measured by the prevailing party’s actual damages and each
party irrevocably waives any claim thereto. The award may include equitable relief. The
arbitrator will not make any ruling, finding, or award that does not otherwise conform to
the Terms. The arbitrator may render a summary disposition relative to all or some of the
issues, provided that the responding party has had an adequate opportunity to respond
to any such application for such disposition.
- The parties agree to treat all aspects of the arbitration as confidential, as provided in the
AAA Rules. Before making any disclosure permitted by the Rules, a party shall give
written notice to the other party and afford such party a reasonable opportunity to protect
its interests. Further, judgment on the arbitrators’ award may be entered in any court
- Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go
to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks,
trade dress, domain names, trade secrets, copyrights or patents), or (b) your violation of the
restrictions on use.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings
Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Location of Operation. Our Website is operated in the United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.Access to the Website may not be legal by certain persons or in certain countries. If you access theWebsite from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
By creating a User account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively,“Communications”). For Users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). TheCommunications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page orby contacting us. You may opt out of receiving all Communications, other than RequiredCommunications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
- Governing Law. For all legal proceedings arising out of use of the Website, the Services, and/or
relating to these Terms, these Terms and the relationship between you and us shall, irrespective
of any choice of laws rules, be governed by and construed in accordance with the laws of the
State of Texas. You understand and agree that your use of the Website as contemplated by
these Terms shall be deemed to have occurred in the State of Texas. To the extent litigation is
permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to
the jurisdiction of courts located in Plano, Texas, or the court of competent jurisdiction closest
thereto if no court of competent jurisdiction resides therein, and the parties consent to the
personal jurisdiction of such courts and expressly waive any right they may otherwise have to
cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably
waive, to the fullest extent permitted by law, any objection that you may now or hereafter have
to the laying of the venue of any proceeding brought in any such court or any claim that a legal
proceeding commenced in such court has been brought in an inconvenient forum.
- Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation
of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior
written consent, which may be granted or withheld by us in our sole discretion. Any attempted
assignment in violation of these Terms will be of no power or effect. We may assign these Terms
freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the
benefit of each party’s permitted successors and assigns. We reserve the right to, and you
hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in
connection with a merger, consolidation, restructuring, financing, sale, or other transaction or
pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us,
you agree that we may provide the potential buyer with your Personal Information on a
confidential basis and subject to the use restrictions in these Terms.
and any other terms agreed to by way of your express consent or your use of the Website shall
constitute the entire and exclusive understanding and agreement between you and us regarding
this subject matter, and shall supersede any and all prior or contemporaneous representations
or understandings relating to this subject matter. In the event that any part of these Terms is
held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest
extent possible and the remaining parts will remain in full force and effect. Upon termination of
these Terms, any provision which, by its nature or express terms should survive, will survive
such termination or expiration. The failure of us to exercise or enforce any right or provision of
these Terms, including any failure to act with respect to a breach, will not constitute a waiver of
such right or our right to act with respect to subsequent or similar breaches. The headings of
sections and paragraphs in these Terms are for convenience only and shall not affect its
- Relationship of the Parties. The parties intend that no partnership, joint venture, employee,
employer or other relationship is intended or will be created by these Terms. You agree not to
hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or
venture with, nor as an employee or employer of us, any of our affiliates or respective service
providers. There are no third-party beneficiaries to these Terms.
- Notices. You agree that we may provide you with notices, including those regarding changes to
these Terms, by email to the address you provided at the time of registration or such changed
address as you provide to us in your account data. Our address for notices is set for the below.
- Contact Us. To contact us, please email us at email@example.com.