Acceptance of Agreement
Agreement by this reference. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, products or services provided by or through the website, and the subject matter of this Agreement.
Use of Site, Ownership, Copyright and Trademark Rights
This website is not intended for use by or availability to children. The Arch Cloud does not seek or knowingly collect personal information from children. If you are under the age of 18, please do not use this website.
All content, graphics, design, compilation, and other materials used or appearing on the website are, for the most part, the exclusive property of The Arch Cloud, its affiliates or subsidiaries, or its licensors and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property rights) laws. Some material on the website may be owned by third parties and posted on the website by virtue of a license, grant or some other form of agreement between the third party and The Arch Cloud, its affiliates, or subsidiaries. You are only authorized to visit, view and retain copies of pages of this website solely for your own individual use. You may only copy, download or print materials contained in the website for your own personal, non-commercial use and without modifying or altering the materials or any proprietary, copyright, or trademark notices or disclaimers.
The copying, downloading, printing, redistribution or republication of any material contained in this website for any commercial purpose is strictly prohibited without the express, written permission of The Arch Cloud. You do not acquire ownership rights or license to any content, document or other materials viewed through or downloaded from the website. Except as expressly provided herein, you may not use, download, upload, post, copy, reproduce, print, modify, transmit, display, redeliver using “framing technology,” create any derivative works based on, distribute, sell, license or otherwise commercially exploit in any way any material, content, or products on the website without the express, written permission of The Arch Cloud. The posting of information or materials on this website by us does not constitute a waiver of any of our rights in such information and materials.
This website allows you to submit or post comments, questions, material, photos, or information to the website. Except as otherwise provided in this Agreement, anything you submit or post, including without limitation, questions, answers, reviews, comments, or photos is and will be treated as nonconfidential and nonproprietary and you automatically grant and represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to reproduce, publicly perform, publicly display, distribute, commercially exploit and otherwise use such information and content, and to prepare derivative works based on, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing as well as the right to use the name you submit with any information and content. You further agree that you will not post, transmit, or communicate any content via the website that is unlawful, harassing, threatening, libelous, defamatory, obscene, abusive, offensive, pornographic or profane, disseminates another person’s personal information without his or permission, contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices, or otherwise violates any applicable law, rule or regulation. You will not advertise or solicit any user to buy or sell any products or services through the website.
Third Party Intellectual Property Rights
You may not use this website to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have permission of the owner; or (iii) infringes on the intellectual property rights of others or violates the privacy or rights of publicity others.
If you believe that any content or material contained on this website constitutes a copyright infringement, please notify us at firstname.lastname@example.org and provide us with a written explanation of the alleged infringement.
Links to Other Sites
Product Purchases Through Our Site
This website allows you to purchase our product directly through the website. Prices for the Products are in U.S. dollars and exclude all applicable taxes and shipping and handling charges, unless expressly stated otherwise. Applicable taxes and shipping and handling charges will be added to your order upon submission. You are responsible for payment of all charges, taxes and fees, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card or other form of payment that we specify as acceptable, the applicable fees and taxes set forth in the order form, receipt or statement. We reserve the right to change the amount of fees or to refuse or cancel any order, and we may require additional verifications or information before accepting an order. All authorized charges will be billed to your credit card or other payment method on the terms described in the specific order. You are responsible for ensuring that sufficient funds are available to cover the charges for the Products and we will have no responsibility for or liability for any overdraft or other fees that you may incur as a result of processing your payment. We will contact you if all or any part of your order is cancelled or if additional information is required to accept your order.
Your purchase of any and all products is subject to warranty disclaimers and limitations of liability set forth in this Agreement and in any and all materials accompanying the products.
Revision of Agreement/Revision or Termination of Website
This Agreement may be revised, modified, or amended at any time by us from time to time without specific notice to you. Such revision, modification, or amendment may impose new or additional terms and conditions on your use of the website which shall be effective immediately and incorporated into this Agreement when posted by us to this website. You should review the latest postings on each visit to our web site. However, your use of the website following such revision, modification or amendment indicates your acceptance to such revision, modification or amendment.
We also have the right, at any time, to modify or discontinue, temporarily or permanently, the website and/or to refuse or restrict anyone from access to the website, with or without notice and in its sole discretion. We shall not be liable for any modification, suspension or discontinuance of the website.
Warranty Disclaimer/Limitation of Liability
YOUR — USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, AND CONTENT ON THIS WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, INFORMATION AND CONTENT, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. The Arch Cloud MAKES NO REPRESENTATION OR WARRANTIES THAT ACCESS TO ITS WEBSITE WILL BE AVAILABLE ON A CONTINUOUS OR TIMELY BASIS, WILL BE SECURE, UNINTERRUPTED OR WILL BE ERROR FREE OR FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. The Arch Cloud HAS NOT REVIEWED THE ACCURACY
OF THE CONTENT OF ANY WEBSITE LINKED TO THIS WEBSITE, IT MAKES NO ENDORSEMENT, EITHER EXPRESS OR IMPLIED, OF ANY WEBSITES LINKED TO THIS WEBSITE, AND YOUR — USE OF SUCH LINKS IS AT YOUR OWN RISK. THE MATERIAL PRESENTED ON THIS WEBSITE IS FOR GENERAL INFORMATION ONLY. IN THE EVENT THAT YOU PURCHASE ANY OF OUR PRODUCTS OR SERVICES, WHETHER DIRECTLY THROUGH THIS WEBSITE, THROUGH ONE OF OUR SALES PREPRESENTATIVES, OR THROUGH A LINK OR DIRECTLY TO ANOTHER VENDOR OR AUCTION WEBSITE, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO SUCH PURCHASE. IN NO EVENT SHALL THE ARCH CLOUD OR ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE — USE OF, ACCESS TO, RELIANCE ON, INABILITY TO — USE, OR IMPROPER — USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES DESCRIBED OR SOLD ON THE WEBSITE, OR ANY INFORMATION. CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY OR PERSONAL INJURY, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, LOSS OF PROFITS, GOODWILL, — USE, DATA OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL The Arch Cloud’S OR ITS AFFILIATES’, DIVISIONS’, SUBSIDIARIES’ OR THEIR RESPECTIVE OFFICERS’, DIRECTORS’ OR EMPLOYEES’
AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE — USE OF THE WEBISTE OR ANY OF THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ARCH CLOUD AND ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR — USE OF, MIS– USE OF OR INABILITY TO — USE, THE WEBSITE, THE PRODUCTS, THE CONTENT, INFORMATION, OR MATERIAL CONTAINED, DISPLAYED OR AVAILABLE ON THE WEBSITE
Choice of Law
The website is controlled by The Arch Cloud from within the State of Illinois, USA. By accessing the website, you agree that the laws of the State of Illinois, USA govern all matters relating to this Agreement and the use, or inability to use, the website and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Illinois, USA.
The failure of us to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nonetheless agree that the court should endeavor to give effect to the parties’ intentions as reflected and that the other provisions of this Agreement remain in full force and effect. The section headings in this Agreement are for convenience only and have no legal effect.