ARC PROFESSIONALS TERMS OF ACCESS AND USE AGREEMENT
This Terms of Access and Use Agreement (“Agreement”) contains the terms and conditions that apply to your use of ARC PROFESSIONALS’s (“Company”) web site (“Site”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, and/or use this Site. This Agreement applies to your access to and use of this Site and does not alter in any way the terms and conditions of any other agreement you may have with Company for products, services, or otherwise. This policy may change from time to time so please check back periodically. This Agreement is incorporated into, and considered a part of, Company’s Terms of Purchase and Sales Agreement and Company’s Privacy Policy. By accessing Company’s websites, you explicitly consent to this Agreement.
Section 1: Restrictions of Use A. Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof, are copyrighted materials of Company, or by the original creator of the material. Permission is granted to use the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the material. Any commercial use of any material on the Site is prohibited. You may not “mirror” any material contained on this Site on any other server without prior written permission from Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
B. Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Company or a third party that has given Company express permission to use same. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, or in any confusingly similar manner without the prior written permission of Company. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Company or a third party Trademark owner. Nothing in this Agreement confers any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark used or displayed on the Site, without the express written permission of Company or a third party Trademark owner.
C. Hyperlinks. You are granted a limited, nonexclusive right to create a “hyperlink” to this Site provided that such link is to the entry page of this Site and does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose the Trademarks or other Company proprietary information including the images found on the Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Company does not endorse or make any representations about any third party site or any information, products, or materials found on linked sites, or any results that may be obtained from using these sites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
D. Limited Access. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of Company’s computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to screen scape, monitor, mine, or copy any web pages on the Site or the content contained therein. You will not spam or send unsolicited emails to any other use of the Site for any reason. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
Section 2: Disclaimer Warranty
The Site, including all software, functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied. Company does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials on this Site may, from time to time, become outdated. Company will use its best efforts to update materials on the Site. Company does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horse, or other code that manifest contaminating or destructive properties. Company will use its best efforts, but cannot guarantee, that the Site, materials, products, or services offered will be uninterrupted or error-free. In the event of interruption or error, Company will use its best efforts to remedy the interruption or error.
Section 3: Limitation of Liability
Company, its suppliers or other third parties mentioned at or in this Site, will not be liable for any damages, including, without limitation, direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruptions arising out of or relating to the use or inability to use this Site, any web sites linked to this Site, the materials or other information contained in any or all such sites, whether based on warranty, contract, statutes, regulations, tort, or any other legal theory, and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
Section 4: Revisions to this Agreement
Company may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the current terms and conditions of use to which you are bound.
Section 5: Transmissions
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose, including, but not limited to, developing and marketing services and products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material, or any other material that could give rise to any civil or criminal liability under both domestic and international law.
Section 6: Severability
The provisions or paragraphs of this Agreement shall be severable. If any provision or paragraph is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions or paragraphs shall remain enforceable to the fullest extent permitted by law.
Section 7: Jurisdiction/Governing Law/Venue
By your use of the Site, you consent to personal jurisdiction in the United States of America for any matter arising from this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa and any applicable federal laws.
Section 8: Failure to Prosecute is not a Waiver
The failure of Company to attempt to enforce any of its rights under this Agreement shall not constitute a waiver of its right to pursue any prior or subsequent breach of this Agreement.
Section 9: Contact Information
ARC Professionals LLC 300 Chestnut St De Soto, IA 50069
Partners (at) ARC Professionals . Net