Arch Rock Web Site Terms and Conditions of Use
- NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DISCONNECT FROM AND DO NOT USE THIS WEB SITE.
- Ownership Rights. This Web Site is owned and operated by Arch Rock Corporation ("Arch Rock"). The Web Site is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Web Site is transferred to you. No material from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon the Web Site or any materials contained therein, in whole or in part. If Arch Rock makes software available for download from the Web Site and you download such software, the software, including any files, images and data incorporated therein, are licensed to you by Arch Rock subject to the terms of the Software License Agreement. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the Web Site. All trademarks, service marks, and trade names are proprietary to Arch Rock. All rights not expressly licensed hereunder are reserved by Arch Rock.
- Termination. This agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination, you must destroy all copies of any materials obtained from the Web Site.
- WARRANTY DISCLAIMER. THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ARCH ROCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARCH ROCK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARCH ROCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ARCH ROCK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ARCH ROCK BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
- No Safety Approvals. You understand that none of the products, including without limitation any software, that may be provided by Arch Rock have received any safety agency (e.g. Underwriters Laboratories) or regulatory agency (e.g. FCC) approvals, and that any such products must only be used by experts qualified to work with products of this type and must not be used at home.
- Jurisdiction. Unless otherwise specified, the materials in the Web Site are presented solely for the purpose of promoting Arch Rock and its products within the United States, its territories, possessions and protectorates. The Web Site is controlled by Arch Rock from its offices within the State of California, USA. Arch Rock makes no representation that materials in the Web Site are appropriate or available for use in other locations outside the United States. Neither the Web Site nor any underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Web Site you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Web Site.
- Miscellaneous. This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. This is the entire agreement between the parties and supersedes any other communications with respect to the Web Site. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Arch Rock. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Arch Rock. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
- Intellectual Property Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Arch Rock Corporation's designated agent for notice of alleged copyright infringement appearing on our Site. Direct any notices of infringement to:
Arch Rock Corporation
501 2nd St. Ste 410
San Francisco, CA 94107
To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.
- Questions. Should you have any questions concerning this Agreement, or if you desire to contact Arch Rock for any reason, please contact support@archrock.com, phone: (415) 692-0828, fax: (415) 278-0441.
© 2008 Arch Rock Corporation. All rights reserved. |
|
