Website Terms and Conditions
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.
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).
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
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.
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.
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.