ARC3 Title

Terms of Use

The following terms and conditions of use ("Terms") govern your use of this website (“Site”). "Terms” shall also include Arc3 Gases, Inc.’s (“Arc3’s”) Privacy Policy. Arc3 may change these Terms at any time without notifying you. By using this Site, you accept and agree to these Terms, and if you use the Site after Arc3 modifies any Terms, you agree to be bound by the modified Terms. If you do not agree to these Terms, you may not use this Site. These Terms apply to all users of this Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors.

 

Proprietary Rights

Arc3 does not grant you any license to Arc3’s trademarks, service marks, other copyrightable material or any other intellectual property (including, without limitation, the Materials) by including them on this Site or by allowing you to access this Site. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Arc3 does not authorize any commercial use of this Site other than eCommerce between you and Arc3 without Arc3’s prior written authorization. This Site and the Materials are for your personal or business use and you must not reproduce, republish, transmit (including broadcast), distribute, adapt, link to or use, copy, download or save any of the Materials on this Site, except as permitted by this Site or Arc3 or the relevant owner. You may, however, print one (1) copy of information on this Site solely for your internal or personal use, research, study or records; provided (a) you do not modify the Materials from how they appear on this Site unless authorized by Arc3 or the relevant owner of the Materials and then only in accordance with any conditions that may be imposed; (b) you ensure that the appropriate copyright designation appears on any Materials you print; and (c) you do not seek to exercise, assert, or represent in any manner any rights in the Materials.

 

Disclaimer

The information that Arc3 provides on this Site about Arc3, Arc3’s products, and products that Arc3 distributes is for general informational, educational and guidance purposes. Arc3 attempts to ensure that the Materials are correct and current when published, but this Site and all Materials provided in this Site are provided "As-Is" without warranty of any kind, either express or implied. Without limiting the foregoing, Arc3 and any other party involved in creating, producing, maintaining or delivering this Site makes no representation or warranty regarding the accuracy, completeness, or currency of the Site or the Materials, that this Site will meet user requirements, that access to this Site will be uninterrupted, that this Site or the server that transmits Materials to you is free from defects, worms, viruses or other harmful components, or that Arc3 will correct any such defects or errors. It is your responsibility to ascertain whether the Materials downloaded from this Site are free of viruses, worms, or other harmful components. You assume full responsibility and all risks arising from use of this Site. Arc3 is not responsible for any errors, omissions, or defects in the Materials. If you are dissatisfied with using this Site, your sole remedy is to discontinue using the Site.

With respect to any Arc3 product and products that Arc3 distributes, you should refer to the applicable operator, service, or instruction manuals for a complete description of instructions, care, intended use, warnings, and warranties, if any. If you download a product manual or field service bulletin, you agree to read and follow the guidelines therein (including, without limitation, the guidelines in the warranty and safety sections of the manual, and in any safety warnings otherwise contained within the manuals or field service bulletins).

 

Links/Endorsements

You acknowledge and agree that Arc3 has no responsibility for the accuracy or availability of information provided by websites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by, approval of, or association with Arc3 of such Linked Sites or the content, products, services, advertising, or other materials offered or presented on such Linked Sites. Arc3 does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Arc3 is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such Linked Sites. Without limiting the foregoing, if you choose to correspond, participate in a promotion, or engage in transactions with any merchant found on or through this Site, you acknowledge and agree that Arc3 is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant.

 

Communications with Arc3

All communications you send to Arc3 or the Site (including, without limitation, through the Site, by electronic mail or by other means) are on a non-confidential basis and shall be the exclusive property of Arc3. Except as set forth in Arc3’s Privacy Policy, Arc3 is under no obligation to refrain from reproducing, publishing, or otherwise using the content of any such communications for any purpose without obligation to you. You are responsible for the content of any communications sent to Arc3 or this Site, including, without limitation, the veracity and accuracy of such content. You agree to provide current, complete, and accurate purchase and account information for all purchases made through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Arc3 can complete your transactions and contact you as needed.

 

Product Availability, Descriptions, and Pricing

The Materials may describe or refer to certain products and services that are not available in your market or that have not been approved by certain federal, state, or local law-making authorities that govern your location. Accordingly, please consult an authorized Arc3 representative to determine which alternative products and services may be available to you. All descriptions of products or product pricing are subject to change at any time without notice, at Arc3’s sole discretion.

 

Extranet

Access to Arc3’s Extranet (the "Extranet") requires a login and password. Those pages are confined to the Extranet and provide access to secure services that Arc3 provides to Arc3 customers. If you have set up an Extranet account, for security purposes Arc3 recommends that you change your Extranet password regularly, commit it to memory, and avoid writing your password down. By agreeing to use the Extranet, you are authorizing Arc3 to act on instructions received under your password, and Arc3 is entitled to act on such instructions (including, without limitation, fulfilling purchase orders made under your password/Extranet account). You are responsible for keeping your password and data confidential. Please do not disclose your password to anyone. Notify Arc3 at once if you believe another person has improperly obtained your online password, if you believe someone has ordered or changed an order without your permission, or if you suspect any fraudulent activity on your Extranet account.

 

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using this Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Arc3’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or any related website, other websites, or the Internet. Arc3 reserves the right to terminate your use of this Site or any related website for violating any of the prohibited uses.

 

Limitation of Liability/Indemnity

To the extent permitted by law, in no event shall Arc3 be liable or responsible for any loss or damage (including any indirect, incidental, special, punitive, or consequential loss or damage) resulting from your use of or reliance upon the Site and/or the Materials, your inability to use the Site, or your handling or sharing of passwords leading to unauthorized access to accounts or unauthorized orders. You agree to defend, indemnify, and hold Arc3 (and its parents, subsidiaries and affiliates, and their respective shareholders, owners, directors, officers, employees, agents, and contractors) harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site.

 

Miscellaneous

Arc3 (or our vendors) control and operate this Site from the United States. Arc3 does not represent that products on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use and your use of this Site shall be governed by North Carolina law, without regard to North Carolina’s conflict of laws provisions. You agree that any cause of action that may arise under these Terms or from your use of this Site shall be commenced and be heard in the appropriate court. You agree to submit to the personal and exclusive jurisdiction of the courts located within Raleigh, North Carolina. Arc3’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Any rights that Arc3 does not expressly grant are reserved. This is the entire agreement between you and Arc3 relating to these Terms and these Terms may only be modified by Arc3 as set forth above or in a writing signed by you and Arc3.

 

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