These Subscriber Terms of Service (also referred to as the “Terms of Service”) constitute a binding contract between you (also referred to as “Subscriber” or “Customer” or “You”) and ARCS LLC, a Delaware limited liability company (also referred to as the “Company”), regarding the terms under which the Company will provide Subscriber with access to the “Services” (defined below).
BY USING OR ACCESSING ANY PORTION THE WEBSITE AND SERVICES, SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Subscriber agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Subscriber. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically.
Please print a copy of these Terms of Service for future reference.
(1) TERMINOLOGY.
“Content” means the entire contents, features and functionality found on the Website, including but not limited to all information, text, displays, graphics, images, audio, video, software, files, design, documentation, lessons, assignments, projects, quizzes, exams, grades, comments, opinions and all other material.
“Effective Date” - refers to the date that the Company confirms Subscriber’s right to use the Subscription Website.
“Exercise Files” - refers to the files (documents, photos, images, audio, video and all other Website Content) that a Subscriber uses during an applicable curriculum course or lesson.
“Premium Content” - means any posted, linked, embedded and/or otherwise available Content that is protected through password requirements, login requirements, registration requirements, enrollment requirements, third-party provider encryption and/or by any other means and is made available to Subscribers on the Subscription Website, only, including but not limited to Exercise Files that a Subscriber uses during an applicable curriculum course or lesson.
“Public Website” - means that portion of the Website that is available for use by any person without the need to be a Subscriber.
“Services” means this Website and all arcsconnect.com websites including but not limited to all arcsconnect.com and arcsconnect.org domain and subdomain public websites, all arcsconnect.com and arcsconnect.org domain and subdomain subscription websites, the arcsconnect.com website located at http://www.arcsconnect.com, the students.arcsconnect.com website located at http://students.arcsconnect.com and any and all other websites located within the arcsconnect.com and arcsconnect.org domains and subdomains (collectively referred to as the “Website”) AND their entire contents, features and functionality including but not limited to all information, text, displays, graphics, images, audio, video, software, files, design, documentation, lessons, assignments, projects, quizzes, exams, grades, comments, opinions and all other material (collectively referred to as the “Content”).
“Standard Content” - refers to content within the Subscription Website that is not Premium Content.
“Subscriber” - also referred to as “Member”, also referred to as "Client", also referred to as "Student" refers to an individual, entity, organization and/or institution that has the right to access the Subscription Website via a Subscription Fee (“Paid Subscription”), Initial Free Trial, or other basis.
‘ •Individual Subscriber’, refers to a Subscription by one individual only (“Individual Subscription”);
The Subscriber's identifier/username must not be of a generic nature. An example of a unique identifier is john.doe@company.com or jane.doe@organization.org.
“Subscription” - refers to a right to use the applicable portion of the Subscription Website as a Subscriber under a Paid Subscription or Initial Free Trial or other form of right and/or fee to access the Subscription Website.
“Subscription Term” - means the period of time that a Subscriber may utilize the applicable portion of the Subscription Website.
“Subscription Website” - means the applicable portion of the Website (i.e., Premium Content or Standard Content or any portion thereof), that is available only to a Subscriber.
“Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging,
altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
“Site”, “Sites”, “Website” or “Websites”- means all Content, information, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in the entirety of all arcsconnect.com and arcsconnect.org domain and subdomain public websites, all arcsconnect.com and arcsconnect.org domain and subdomain subscription websites, the arcsconnect.com website located at http:// www.arcsconnect.com, the students.arcsconnect.com website located at http:// students.arcsconnect.com, and any and all other websites located within the arcsconnect.com and arcsconnect.org domains and subdomains including both public and subscription websites, and any and all arcsconnect.com and arcsconnect.org domain and subdomain mobile applications (or such other web address notified by the Company to Subscribers at any time).
(2) INFORMATION ABOUT THE COMPANY.
ARCS, LLC
8 The Green, Suite #17698
Dover, DE 19901
(3) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the Subscription Website applicable to the Subscription type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Services and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s
use of the Services and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable), and such notices to Subscriber to inform of changes to the Website or other matters of importance may be broadcast through the Website and shall constitute notice to Subscriber to the extent permitted by applicable law.
Subscriber agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Subscribers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a Subscriber access to the Subscription Website if, in the Company’s sole discretion,
Subscriber has failed to abide by these Terms of Service or any other agreement with the Company, or appears likely to do so.
• Subscriber accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
• Subscriber represents, warrants and agrees that:
- Access privileges may not be transferred, assigned, sold, or given to any third-parties; - It will not access, store, distribute or transmit any Viruses;
- It will comply with all applicable laws and regulations with respect to use of the Services;
- It will not rent, lease, sublicense, sell, re-sell, distribute, transfer, copy, claim or modify the Services or any component thereof;
- It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
- It will not delete or alter any copyright, trademark or other property rights notices from the Website or contained in the Services;
- It is solely responsible for acquiring the hardware, software, and network connections necessary to access and use the Services;
- It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringe upon or violate any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitute defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
- It shall communicate with all other Subscribers, Clients, Members or coaches solely and exclusively through the Company’s platform/portal and refrain from contacting, or in any way communicating with, any other party using the Company’s portal outside such portal.
(4) AVAILABILITY OF WEBSITE.
Subscriber recognizes that the traffic of data through the Internet may cause delays during access of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.
(5) INTELLECTUAL PROPERTY RIGHTS.
The Services are owned by the Company, its authors, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
No right, title or interest in or to the Services or any portion thereof, is transferred to any Subscriber and all rights not expressly granted herein, are reserved by the Company.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are to be considered trademarks/property of the Company or its affiliates or licensors. Subscriber may not use such marks without the express written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners as indicated.
(6) COMPANY OBLIGATIONS.
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event. The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company.
(7) FEES AND PAYMENT.
Subscription Fees - Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Subscription Fee”). The Company reserves the right to change the Subscription Fee with respect to a Renewal Term, at any time, with or without prior written notification. Unless otherwise expressly agreed, all fees are non-cancelable and non-refundable.
Initial Free Trial – Subscriber may receive a temporary right to use the Website without a charge, during the permissible trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. An Initial Free Trial will require the provision of credit/debit card information. If Subscriber cancels an Initial Free Trial before it expires, Subscriber’s credit/debit card will not be charged. If Subscriber does not cancel before
expiration of the Initial Free Trial, Subscriber will automatically be enrolled in the subscription level corresponding with the that selected during registration for the Initial Free Trial, and Subscriber’s credit/debit card will be billed accordingly. The Company reserves the right to allow, cancel, terminate, or disallow Initial Free Trials, at any time, with or without prior written notification.
Payment Details - Recurring charges are billed in advance of Service. Subscriber agrees to provide the Company with valid, up-to-date and complete credit and/or debit card contact and billing details. Subscriber further authorizes the Company to bill such payment method on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s payment fails,
Subscriber agrees that Company may, at its option, attempt to charge any and all other payment methods on file for such Subscriber, suspend or terminate Subscriber’s subscription to the Services until full payment is made, and require all future payments to be made by ACH bank transfer or by 3rd party financing. Company may charge an administrative fee for reinstatement of suspended or terminated accounts in the amount of $250.00. Subscriber agrees that until its subscription to the Services is properly terminated in accordance with any other agreements then in effect, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect any balances due, Subscriber shall reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
Taxes - Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, taxes which may be levied against the Company.
(8) ACCESS PROHIBITED: All features, products, Content and Services available on the Websites are EXPRESSLY PROHIBITED FOR ACCESS, CONSUMPTION, OR USE OUTSIDE OF THE UNITED STATES. If you choose to visit the Sites from outside the United States, you do so on your own initiative and risk, and you are solely responsible for complying with applicable local laws. If you choose to access the Sites from outside the United States, you are in material breach of these Terms of Service.
(9) CONFIDENTIALITY.
Subscriber agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Subscription Website, and includes all other definitions wihin any other agreement in effect between the Subscriber and Company.
(10) THIRD PARTY LINKS OR INFORMATION.
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
(11) DISCLAIMERS OF STATEMENTS/WARRANTIES.
SUBSCRIBER’S USE OF THE SERVICES OR CONTENTS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
(12) LIMITATION OF LIABILITY.
SECTION 12 (a) APPLIES TO MULTI-USER SUBSCRIBERS:
(a) IN NO EVENT SHALL COMPANY, ITS AGENTS, ITS OFFICERS, ITS DIRECTORS, ITS OWNERS, ITS REPRESENTATIVES, ITS EMPLOYEES, ITS AFFILIATES, ITS SUCCESSORS, ITS ASSIGNS, ITS SUPPLIERS, ITS AUTHORS OR ITS LICENSORS AND LICENSEES BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID BY SUBSCRIBER TO COMPANY IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE OR (II) TWO HUNDRED DOLLARS ($200), REGARDLESS OF WHETHER THE CLAIM
OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER.
(13) INDEMNITY.
Subscriber agrees to compensate and defend fully the Company, its agents, its officers, its directors, its owners, its representatives, its employees, its affiliates, its suppliers, its authors, its licensors, its successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand
arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under these Terms of Service .
(14) SURVIVAL.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall indefinitely survive the expiration or earlier termination of Subscriber’s use of the Services.
(15) CHANGES.
Except, for any provisions determining the primary contractual obligations of Subscriber and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Subscriber’s continued use of any of the Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws. It is Subscriber’s obligation to periodically check these Terms of Service for posted dates with respect to updates and revisions.
(16) ASSIGNMENT.
Subscriber may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time without notice.
(17) INJUNCTIONS.
Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek equitable relief to prevent Subscriber from taking any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those Terms of Service , in addition to any other relief to which Company may be entitled at law or in equity.
(18) GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of the State of Delaware, without regard to the principles of conflict of laws thereof. Subscriber agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of Delaware, and Subscriber expressly waives any objection to personal jurisdiction, venue or forum non-conveniens.
(19) ARBITRATION MANDATORY.
Before any litigation may be commenced, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall first be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs of such arbitration and the arbitration process will occur by virtual video conference, with a single mutually selected arbitrator. The arbitrator shall use these Terms of Service and any other agreements then in effect between Subscriber and Company to render his/her decision, and may award the victorious party all reasonably incurred legal fees and other costs with respect to the entire process of arbitrating such dispute.
(20) NOTICES.
Legal notices may be sent to support@arcsconnect.com or to ARCS, LLC., ARCS, LLC, 8 The Green, Suite #17698, Dover, DE 19901. Notices to Subscriber may be sent either to the email address supplied in Subscriber’s account or to the address supplied by Subscriber as part of its registration. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Subscriber to the extent permitted by applicable law. Any notices or communications under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email to the email address of record, with or without confirmation of receipt; or within twenty-fours after Company posts a notice on the Website.
(21) FORCE MAJEURE.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, disease, plagues, pandemic, outbreak of illness, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, data breaches, storms or other similar events.
(22) PRIVACY POLICY AND WEBSITE USE POLICY.
Subscriber agrees to comply with the then-current Website Use Policy and Privacy Policy (collectively, the “Policies” and individually, the “Policy”). Company reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policy are effective immediately upon posting to the Website. Subscriber’s continued use of any
of the Services, following the posting of a revised Policy means that Subscriber accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the terms of the Policies, the Terms of Service will prevail.
(23) CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA).
Accounts made available through this website are available only to persons of legal age to form a binding contract and who are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. By registering, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and are accepting these Terms of Service on behalf of yourself. You may not transfer or share your account with anyone. You are liable for all activities conducted through the account.
(24) NO THIRD-PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third-party beneficiary of these Terms of Service or any provision hereof.
(25) SEVERABILITY.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
(26) WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Subscriber’s obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Subscriber from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective or enforceable unless it is expressly stated to be a waiver and is communicated to Subscriber in writing.
(27) GEOGRAPHIC AND OTHER RESTRICTIONS.
All Content, Services, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website is subject to United States Export Controls. No Service Functionality from the Website may be utilized by a resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using any Service Functionality, Subscriber represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
(28) COMPLETE UNDERSTANDING.
These Terms of Service, together with the Website Policy and the Privacy Policy, constitute the sole and entire agreement between Subscriber and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services. In the event that these Terms of Service, Website Policy, and Privacy Policy conflict with any other agreement between the Company and Subscriber such other agreement will control.
LAST REVISED: February 23, 2024
ARCS Privacy Policy
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.
IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR SERVICES. If you do not agree to the terms of this Privacy Policy, our Website Use Policy, and our Terms of Service, do not visit our Website or access our Services.
BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THIS POLICY AND AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.
We reserve the right, in our sole discretion, to change the terms of this Privacy Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all terms of our Privacy Policy.
We are ARCS, LLC, 8 The Green, Suite 17698, Dover, DE 19901 (referred to as “us,” “our,” “we,” “Company,” “arcsconnect.com”). We are committed to protecting and respecting your privacy. This Privacy Policy describes the types of information we may collect from you or that you may provide to us when you visit our Websites and access our Content and Services.
This Privacy Policy applies to information we collect:
(i) through our Services,
(ii) in text and electronic messages between you and our Services, and
(iii) via mobile applications you download from our Websites, which provide dedicated non browser-based interactions between you and our Services.
This Privacy Policy does not apply to any information collected by us offline or via third-party sites that may be accessed through hyperlinks on our Services.
Your Privacy Matters
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.
If you have questions or complaints regarding our privacy policy or practices, please contact us at support@arcsconnect.com. You must include your name, the name of your company (if applicable), the alleged privacy violation, and your contact information when you contact us. You must place "Privacy Administrator" in the subject line of your email. We will respond to your request within thirty (30) days of receiving it. Any dispute resolution process shall be conducted in English.
By accessing or using our Services, you agree to this Privacy Policy.
Please read the information below:
1. Information we collect about you
2. Where we store data
3. How we use your information
4. Disclosure of your information
5. Updating or correcting your personally identifiable information
6. Canceling your account or deleting your personally identifiable information
7. Choices regarding control of your personally identifiable information
8. Information related to data collected through the arcsconnect.com platform service
9. Data Security
10. Cookies
11. Mobile Analytics
12. Links to third party web sites and advertisers
13. Notice to California residents
14. Changes to this Privacy Policy
15. Communities, forums, chat rooms, and message boards
16. Social Media features
17. Gift Certificates
18. How do you contact us with questions?
1. INFORMATION WE COLLECT ABOUT YOU
We collect several types of information about visitors and/or users of our Services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Websites or App.
(a) Personally Identifiable Information
‘Personally Identifiable Information’ refers to information by which you may be personally identified, such as your name, email address, telephone number, mailing address, or affiliated institution or organization. We will collect and process such data about you when you register for Services/create an account, subscribe to a newsletter, submit feedback, fill out a survey, or send us a communication. When ordering products or services on the Websites or App, you may also be asked to provide a credit card number and other payment-related information.
You may also provide information to be published or displayed (“posted”) on public areas of the Websites (such as blogs, forums, message boards, and the like) or transmitted to other users of the Websites using ‘sharing’ features (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users of the Websites with whom you may choose to share your User
Contributions. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
We may also collect your Internet Protocol (‘IP’) address. We use your IP address to diagnose problems with our servers, software, to administer our Services, to monitor or limit login access of our Services, and to gather demographic information.
We do not collect more Personally Identifiable Information than is reasonably necessary to participate in an activity on the Websites.
SMS Privacy
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and vendors who assist us in the delivery of text messages.
COPPA (Children's Online Privacy Protection Act)
We do not knowingly solicit data from or market to children under 18 years of age. Accessing the Services by minors is prohibited by the Company. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.
If you become aware of any data we may have collected from children under age 18, please contact us at support@arcsconnect.com.
(b) Non-Personally Identifiable Information
We may collect, or our third-party ad server and/or content server may collect, certain Non Personally Identifiable Information, that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use through the Services, your operating system, and browser type.
Our third-party ad servers will provide us with a summary, but not individual reports, that will tell us how many ads were presented and clicked upon at our Websites. The information that we collect automatically is ‘statistical’ in nature. It helps us to deliver a better and more personalized service to users, by enabling us to estimate usage patterns, customize our Services according to your individual preferences, and speed up your searches.
(c) Device Information
When you download our App and use our Services, we automatically collect information on the type of device you use and the operating system version, so we know the best application version to provide you with.
2. WHERE WE STORE DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details, and the provision of support services.
By submitting your personal data, you agree to this transfer, storing, or processing. arcsconnect.com will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. To learn more about the Safe Harbor program, visit http://www.export.gov/safeharbor/.
SMS Privacy
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and vendors who assist us in the delivery of text messages.
Usage Restrictions Outside the United States
All features, products, and Services available on the Website are PROHIBITED FOR ACCESS AND USE OUTSIDE OF THE UNITED STATES.
If you choose to access the Site from outside the United States, you do so on your own initiative and risk, and you are solely responsible for complying with applicable local laws. Although the Website may be accessible worldwide, the Company makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
3. HOW WE USE YOUR INFORMATION
We use information held about you in the following ways:
• To ensure that content from our Services is presented in the most effective manner for you and for your computer or mobile device.
• To provide you with information, products, or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. • To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection.
• To allow you to participate in interactive features of our Services, when you choose to do so.
• To notify you about changes to our Services.
• To deliver SMS messaging services you have opted into, including reminders, updates, and other relevant communications.
SMS Privacy
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and vendors who assist us in the delivery of text messages.
Contact Form Usage
If you use the "Contact Us" form on our site, we will respond to your inquiry by electronic means and will retain the information you provide for a reasonable period after your request has been fulfilled, in order to ensure proper follow-up and improve our services.
4. DISCLOSURE OF YOUR INFORMATION
We may share your Personally Identifiable Information with third parties only in the ways that are described in this Privacy Policy.
We do not sell, trade, rent, or disclose your information to others, except as provided herein:
(a) We provide some of our Services through contractual arrangements with service providers and other third parties. We and our service partners use your Personally Identifiable Information to operate our Websites and to deliver Services. For example:
• We must release your payment information to the bank to confirm payment for products and services purchased on our Websites.
• We provide order information to third parties that help us deliver the Services. • We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and vendors who assist us in the delivery of text messages.
(b) We will disclose Personally Identifiable Information in the following circumstances:
1. If it is required by law enforcement or judicial authorities, or to cooperate with a law enforcement investigation.
2. If we have a good faith belief that we are required or permitted to do so by law or legal process.
3. To protect the rights, reputation, property, or safety of arcsconnect.com or others. 4. To defend or enforce our rights or your obligations.
5. If the disclosure is required by mandatory professional standards.
6. To a selected third party with whom we affiliate, provided it is directly related to providing you Services and does not violate this Privacy Policy.
7. If we are under a duty to disclose or share your Personally Identifiable Information in order to enforce or apply any contracts or agreements that may exist between you and us, including this Privacy Policy, Terms of Service, and our Website Use Policy. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
(c) In the event that arcsconnect.com decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include Personally Identifiable Information and Non-Personally Identifiable Information among the assets transferred to the acquiring or surviving company.
(d) We may provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related Website information to third-party service providers, affiliates, platforms, and advertisers.
Important Note Regarding SMS Information:
We will not sell or share your opt-in to an SMS campaign with any third party for promotional or marketing purposes unrelated to providing you with Services. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide messaging services but only for purposes directly related to fulfilling the Services.
If you have any inquiries regarding our privacy practices, please contact us directly at support@arcsconnect.com.
5. UPDATING OR CORRECTING YOUR PERSONALLY IDENTIFIABLE INFORMATION
You may change any of your Personally Identifiable Information online by logging in at www.arcsconnect.com. You may also access, change, request deletion of, and/or correct your
personal information by contacting us at support@arcsconnect.com. You must include your name, address, email address, and telephone number when you contact us. You must place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days of receiving such a request.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed and request that we no longer contact you; however:
1. Because we keep track of past transactions for as long as is reasonably necessary, we cannot delete information associated with past transactions.
2. It may be impossible to completely delete your information without retaining some residual information because of backups.
Important Note Regarding SMS Information:
We will not sell or share your opt-in to an SMS campaign with any third party for promotional or marketing purposes unrelated to providing you with the Services. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide messaging services but only for purposes directly related to fulfilling the Services.
6. CANCELING YOUR ACCOUNT OR DELETING PERSONALLY IDENTIFIABLE INFORMATION
If you are a Subscriber of one of our Websites, you can pause or cancel your account at www.arcsconnect.com. If you wish to cancel your account or request that we no longer use your information to provide you Services, you can also contact us at support@arcsconnect.com. You must include your name, address, email address, and telephone number when you contact us. You must place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days of receiving such a request.
Even in the event that you wish to cancel your account or request that we no longer use your information to provide you Services:
1. We will retain your information for as long as your account is active or as needed to provide you Services.
2. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Because we keep track of past transactions for as long as is reasonably necessary, we cannot delete information associated with past transactions. Additionally, it may be impossible to completely delete your information without retaining some residual information due to backups.
Important Note Regarding SMS Information:
We will not sell or share your opt-in to an SMS campaign with any third party for promotional or marketing purposes unrelated to providing you with the Services. We may share your Personal
Data, including your SMS opt-in or consent status, with third parties that help us provide messaging services but only for purposes directly related to fulfilling the Services.
7. CHOICES REGARDING CONTROL OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
You can access some of the information that we collect about you. For example, by logging in at www.arcsconnect.com, you can access certain Personally Identifiable Information, such as your username and email address.
With respect to your communication preferences, you can unsubscribe and opt out of all communication by canceling your account or by following your email provider's internal instructions. Even if you opt out of our newsletter or other email transmissions, we will retain your information as long as your account is active or as needed to provide you with the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Because we keep track of past transactions for as long as reasonably necessary, we cannot delete information associated with past transactions. Additionally, it may be impossible to completely delete your information without retaining some residual information due to backups.
We do not send unsolicited commercial emails (“spam”). If you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may contact you electronically with information about goods, products, or services that we believe may interest you.
If you wish to opt out of such offers or information, you can contact us at support@arcsconnect.com. Please include your name, address, email address, and telephone number. You must place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days.
Even if you opt out of offers or information from us and our partners, we will retain your information as long as your account is active or as needed to provide you with the Services. We will retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements. Because we keep track of past transactions for as long as reasonably necessary, we cannot delete information associated with past transactions. Additionally, it may be impossible to completely delete your information without retaining some residual information due to backups.
You may be required to cancel your ARCS Connect Membership and/or Subscription to opt out of certain transmissions if they are integral to receiving the Services. For instance, we may not provide an opt-out option for essential non-commercial communications, such as Service-related emails, SMS transmissions, or phone calls (e.g., emails allowing access to subscribed portions of
the Website or group notifications). You can always opt-out of SMS communications by replying STOP to any SMS Message. Reply STOP to unsubscribe, START to resume, and HELP for support.
You also have choices regarding cookies, as described below. By modifying your browser preferences, you can choose to accept all cookies, be notified when a cookie is set, or reject all cookies. If you choose to reject all cookies, some parts of our Websites may not function properly.
Important Note Regarding SMS Information:
We will not share your opt-in to an SMS campaign with any third party for promotional or marketing purposes unrelated to providing you with the Services. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide messaging services, but only for purposes directly related to fulfilling the Services.
8. INFORMATION RELATED TO DATA COLLECTED THROUGH THE ARCSCONNECT.COM PLATFORM SERVICE
For certain services, arcsconnect.com collects information under the direction of its Multi-Use Subscribers.
Multi-Use Subscriber: An individual, entity, organization, or institution that subscribes to the Services for use by its constituents, who may include employees, students, faculty, administration, residents, clients, patients, or other end users, etc. (collectively referred to as “Authorized End Users” under a “Multi-User Subscription”).
In this respect, we sometimes act as a data processor and have no direct relationship with the individuals whose Personally Identifiable Information our Website processes. An individual who seeks to access, correct, amend, or delete data should direct their query to the relevant Multi-Use Subscriber. If the Authorized End User makes a request to us to remove the data, we will respond to their request within thirty (30) days of receiving it.
The Website will retain Personally Identifiable Information we process on behalf of our Multi Use Subscribers for as long as needed to provide services to our Multi-Use Subscribers. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Because we keep track of past transactions for as long as reasonably necessary, we cannot delete information associated with past transactions. Additionally, it may be impossible to completely delete your information without retaining some residual information due to backups.
Important Note Regarding SMS Information:
We will not sell or share your opt-in to an SMS campaign with any third party for promotional or marketing purposes unrelated to providing you with the Services. We may share your Personal
Data, including your SMS opt-in or consent status, with third parties that help us provide messaging services, but only for purposes directly related to fulfilling the Services.
9. DATA SECURITY
All information you provide to us is stored on the servers and platforms of our service providers (through whom we provide our Services via contractual agreements), our partners, and other third parties. These service providers, partners, and third parties are responsible for keeping your information safe on their respective servers.
We will not sell or share your opt-in to an SMS campaign with any third party for promotional or marketing purposes unrelated to providing you with the Services. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide messaging services, but only for purposes directly related to fulfilling the Services.
We are not responsible for the privacy practices of any service provider, partner, or other third party sites and platforms, or other services operated by third parties that are linked to or integrated with the Services, nor for the privacy practices of third-party online advertising companies. When you access the Services, leave the Services via such a link, or in any way access a third-party application or click on an advertisement, you should check the applicable privacy policy of the third-party platform to determine, among other things, how they will handle any Personally Identifiable Information or other information they may collect from you.
Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology. To make online purchases, you must use an SSL-enabled browser to protect the confidentiality of your personal and payment information while it is transmitted over the internet.
Access to your account is available through your provided email address and a password either selected by you or provided by us via electronic means. You should not divulge your password to anyone and should ensure you use a secure web browser. We cannot be held accountable for activity that results from your neglect to safeguard the secrecy of your password and username. If you share a computer with anyone, you should always log out of your account after you are finished to prevent access to your information from subsequent users of that computer.
Please notify us as soon as possible if your username or any password (either selected by you or provided by arcsconnect.com) is or has been compromised by immediately emailing support@arcsconnect.com. Please include your name, address, telephone number, and email address when you contact us, and place “Privacy Administrator” in the subject line of your correspondence, if contacting us via email.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that:
1. There are security and privacy limitations of the internet that are beyond our control. 2. The security, integrity, and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed.
3. We shall have no liability to you or any third party for loss, misuse, disclosure, or alteration of such information.
4. Any such information and data may be viewed or tampered with in transit by a third party.
In the unlikely event that we believe the security of your Personally Identifiable Information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your email address, we may notify you by email, and you consent to our use of email as a means of such notification.
If you prefer for us to use another method to notify you in this situation, please email us at support@arcsconnect.com with the alternative contact information you wish to be used. Please include your name, address, telephone number, and email address when you contact us, and place “Privacy Administrator” in the subject line of your email.
10. COOKIES AND OTHER TECHNOLOGIES
When you use our Websites, we may use cookies and other technologies to facilitate and customize your use of our Services.
What is a cookie?
A cookie is a small data text file that a website stores on your computer or mobile device (if your web browser permits) and can later retrieve to identify you to us. Cookies make your use of the Websites easier and help the Websites run more smoothly.
The use of cookies by our partners, affiliates, tracking utility companies, and service providers is not covered by our Privacy Policy. We do not have access to or control over these third-party cookies. Our partners, affiliates, tracking utility companies, and service providers may use session ID cookies to make it easier for you to navigate our Websites, subscribe to our Services, access and use our Services, and utilize other features.
Managing Cookies
You can disable and/or delete all types of cookies by using your browser settings. Cookies are generally easy to disable and/or delete, but the process varies by browser. The “help” function within your browser should guide you on how to do this. Alternatively, you may close your browser and search for terms such as “cookie folder,” “cookie manager,” or simply “cookie.” Please also visit www.allaboutcookies.org for more information about cookies and how to disable them. If you choose to disable cookies, our Websites may not recognize you, and you may not have access to all portions of the Websites.
What are clear gifs?
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Website users. Unlike cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.
We may partner with third-party ad networks to manage our advertising. As part of their services, these networks may use cookies and clear gifs. We, along with our third-party ad server, may collect and use your IP address and certain Non-Personally Identifiable Information, such as your browser type, the server your computer is logged onto, the area code and zip code associated with your server, and whether you responded to a particular advertisement.
Opting Out of Targeted Ads
If you wish to opt out of having this information used for the purpose of serving you targeted ads, you may contact us at support@arcsconnect.com. You must include your name, address, email address, and telephone number when you contact us. Please place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days of receiving such a request.
You may be required to cancel your Subscription to opt out of targeted advertising. Please note that opting out of targeted advertising does not mean you will no longer see advertisements; you may continue to receive generic ads.
Retention of Data
Even if you opt out of targeted advertising, we will retain your information for as long as your account is active or as needed to provide you with Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Because we keep track of past transactions for as long as is reasonably necessary, we cannot delete information associated with past transactions. Additionally, it may be impossible to completely delete your information without retaining some residual information in backups.
11. MOBILE ANALYTICS
We may use mobile analytics software to better understand the functionality of our mobile software on your device. This software may record information such as:
• How often you use the App
• Events that occur within the App
• Aggregated usage data
• Performance data
• The location from which the App was downloaded
We will not sell or share mobile information, including analytics data, with third parties for promotional or marketing purposes. However, we may share your Personal Data, including analytics data, with third-party vendors who assist us in maintaining, improving, and delivering our services. These vendors include, but are not limited to, platform providers, mobile analytics service providers, and other partners who help ensure the proper functioning and enhancement of the App.
By using the App, you consent to the collection and use of this data in accordance with this Privacy Policy. Should you have any concerns about the collection of mobile analytics data, you may contact us at support@arcsconnect.com. Please include your name, address, email address, and telephone number in your correspondence, and place “Privacy Administrator” in the subject line of your email.
12. LINKS TO THIRD PARTY WEBSITES AND ADVERTISERS
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Our Websites may contain hyperlinks to third party websites, which may collect, use, and disclose information in ways different from those described in this Privacy Policy. We are not responsible for the collection, use, or disclosure of information collected through these third-party websites, and we expressly disclaim any and all liability related to such collection, use, or disclosure. We recommend that you carefully read the privacy policies of the third-party websites you visit to understand how they collect, use, and protect your information.
Additionally, third-party companies that place advertisements on our Websites may collect information about you when you view or click on their advertisements through the use of cookies or other tracking technologies. While we cannot control this collection of information, ARCS will not share your SMS opt-in status, mobile information, or Personally Identifiable Information with these advertisers or any other third parties for promotional or marketing purposes.
If you have questions about the information collected by these advertisers, you should contact them directly. Should you have any concerns regarding third-party links or advertisements on our Websites, please contact us at support@arcsconnect.com. Please include your name, address, email address, and telephone number in your correspondence, and place “Privacy Administrator” in the subject line of your email.
13. NOTICE TO CALIFORNIA RESIDENTS - CALIFORNIA PRIVACY RIGHTS
If you are a California resident and have provided us with Personally Identifiable Information, California law grants you the right to request and receive from us, once per calendar year, information about how we have shared your Personally Identifiable Information with third parties for their direct marketing purposes. If applicable, such information would include a list of
names and addresses of all third parties with whom such information was shared during the prior calendar year, as well as a list of the categories of Personally Identifiable Information shared.
You may make such a request by contacting us at support@arcsconnect.com. You must include your name, physical mailing address, and email address in your correspondence. Please also include your telephone number whenever possible. Place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days of receiving it.
We do not sell or share your Personally Identifiable Information, including mobile information or SMS opt-in status, with third parties for promotional or marketing purposes. Any Personally Identifiable Information shared with third parties is solely for purposes related to providing you with our Services (e.g., platform providers, phone companies, or vendors assisting with our messaging services). These third parties are obligated to keep your information secure and confidential and use it solely as directed by ARCS.
If you have received communications from any third party and wish to stop, you should contact those entities directly. If you decide that you no longer want a third party to use your Personally Identifiable Information, you may also contact us for assistance.
Even if you request information about how to exercise your third-party disclosure choices or other rights afforded under California law, we will retain your information for as long as your account is active or as necessary to provide you with our Services. We retain and use your information as required to comply with our legal obligations, resolve disputes, and enforce our agreements. Because we keep track of past transactions for as long as is reasonably necessary, you cannot delete information associated with past transactions on this Website. Additionally, it may be impossible to completely delete your information due to residual information in backups.
14. CHANGES TO THIS PRIVACY POLICY
It is our policy to update this Privacy Policy as necessary and post any changes directly on this page. You are responsible for periodically visiting our Website and reviewing this Privacy Policy to check for any changes. The date the Privacy Policy was last revised is identified at the end of this policy.
We will not sell or share your mobile information, including SMS opt-in or consent status, with third parties for promotional or marketing purposes. Any updates to this Privacy Policy will not alter our commitment to protecting your privacy. We may share your Personal Data, including SMS opt-in or consent status, with third parties only as necessary to provide you with our messaging services (e.g., platform providers, phone companies, or other vendors who assist in delivering text messages).
Your continued use of the Services after such modifications will constitute your: • (a) Acknowledgment of the modified Privacy Policy, and
• (b) Agreement to abide and be bound by the modified Privacy Policy.
If you have any questions about changes to this Privacy Policy, you can contact us at support@arcsconnect.com. Please include “Privacy Administrator” in the subject line of your email.
15. COMMUNITIES, FORUMS, CHAT ROOMS, MESSAGE BOARDS, AND ZOOM MEETINGS
If you choose to disclose Personally Identifiable Information on communities, message boards, forums, chat rooms, or similar areas accessible via the Websites, please be aware that such information, along with any information disclosed in your communications, can be collected and used by third parties. This may result in unsolicited messages or contact from third parties.
ARCS Zoom Meetings are designed to foster a safe and supportive environment. However, ARCS prohibits members from disclosing their personal contact information (such as phone numbers, email addresses, or physical addresses) during Zoom Meetings. This requirement is in place to protect your privacy and maintain the integrity of the ARCS community.
Should a member fail to comply with this requirement and disclose their personal information in a Zoom Meeting, ARCS is not responsible for any consequences resulting from such disclosure. We strongly encourage all members to exercise caution and adhere to this policy to ensure their personal safety and privacy.
You acknowledge that any submissions to chat rooms, Zoom Meetings, or other public areas on the Websites are accessible to others in the group. If you do not wish for your comments or information to be viewed by others, you are advised not to share personal information in these spaces. Ultimately, you are solely responsible for all activity conducted by you via communities, forums, message boards, chat rooms, Zoom Meetings, and similar areas. Please exercise caution and act responsibly whenever you are online or participating in interactive sessions.
We may or may not be able to control the removal of your personal information from our blog, community forum, or other areas of our Website that are accessible by third parties. In some cases, you may need to cancel your Subscription to achieve the removal of your personal information from such areas.
To request the removal of your personal information from our blog, community forum, or other public areas of our Website, you can contact us at support@arcsconnect.com. Please include your name, address, email address, and telephone number when contacting us. Be sure to place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days of receiving it.
Even if you request the removal of your personal information from our blog, community forum, or other public areas, we will retain your information as long as your account is active or as
needed to provide you Services. We will retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements. Because we keep track of past transactions for as long as reasonably necessary, it may be impossible to completely delete your information without retaining some residual information due to backups.
16. SOCIAL MEDIA FEATURES
Our Websites may include Social Media Features and Security Features, including but not limited to Facebook features and links, Twitter feeds and links, “Add This” buttons, or other interactive mini-programs that run on our Websites. These features may collect information such as your IP address, the pages you visit on our Websites, and may set cookies to enable the features to function properly.
Social Media Features and Security Features are either hosted by a third party or hosted directly on our Websites. Your interactions with these third-party features are governed by the privacy policies of those third parties. We strongly encourage you to review the privacy policies of any third-party service providers to understand how they collect, use, and share your information.
We want to reiterate that ARCS will not sell or share your Personally Identifiable Information, including opt-ins to SMS campaigns, with third parties for promotional or marketing purposes unrelated to providing our Services. However, we may share your information, including your SMS opt-in or consent status, with third-party vendors who assist us in providing our messaging and social media services, including but not limited to platform providers and phone companies.
As always, if you have any questions about how your information is used in connection with these features, please contact us at support@arcsconnect.com. We are committed to transparency and to ensuring your privacy is respected while engaging with ARCS and our associated services.
17. GIFT CERTIFICATES
ARCS does not offer gift certificates. Each Subscriber must meet the following requirements:
• Be an individual.
• Be an independent subscriber.
If you have any questions regarding subscriptions, please contact us at support@arcsconnect.com.
18. HOW DO YOU CONTACT US WITH QUESTIONS?
If you have any questions about this Privacy Policy, the practices of, or your dealings with our Websites, please contact us at support@arcsconnect.com. You must include the following information when you contact us:
• Your name
• Your physical address
• Your email address
• Your telephone number
You must place “Privacy Administrator” in the subject line of your email. We will respond to your request within thirty (30) days of receiving such a request.
LAST REVISED: December 03, 2024
ARCS Website Use Policy
PLEASE READ THIS WEBSITE USE POLICY CAREFULLY BEFORE USING THIS WEBSITE.
We are: ARCS, LLC., 8 The Green, Suite #17698, Dover, DE 19901 (herein referred to as “Company”, “we” or “us”), provides the arcsconnect.com and .org domains and subdomains, including but not limited to all Content (defined below), information, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in the entirety of all arcsconnect.com and arcsconnect.org domain and subdomain public websites, all arcsconnect.com and arcsconnect.org domain and subdomain subscription websites, the arcsconnect.com website located at http://
www.arcsconnect.com, the students.arcsconnect.com website located at http:// students.arcsconnect.com, and any and all other websites located within the arcsconnect.com and arcsconnect.org domains and subdomains including both public and subscription websites, and any and all arcsconnect.com and arcsconnect.org domain and subdomain mobile applications (herein referred to as the “Site”, “Sites”, “Website” or “Websites”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (“Policy”). In addition, when subscribing to certain services from the Website, users will be subject to additional rules applicable to such services.
IF YOU DO NOT AGREE TO THIS WEBSITE USE POLICY, PLEASE DO NOT ACCESS OR USE OUR SERVICES. If you do not agree to the terms of this Website Use Policy and our Terms and Conditions and our Privacy Policy do not use our Website or access our Services.
BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.
We reserve the right, in our sole discretion, to change the terms of this Website Use Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all terms of our Website Use Policy.
By accessing or using our Services, you agree to this Website Use Policy.
Please read the information below:
(1) ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
(2) INTELLECTUAL PROPERTY RIGHTS
(a) The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to separate superseding agreements entered into between You and the Company, this Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted hereunder, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download copies to computers or mobile devices belonging to you solely for your own personal use, provided you agree to be bound by an applicable end user license agreement for such applications and software; and (iii) if we provide social media features at any time, you may take such actions as are permitted by such features.
(c) You shall not share any login credentials for any password protected area(s) of the Website and/or for any access to Website materials.
(d) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices on copies of any materials obtained from the Website; or (iii) access or
use for any commercial purposes any part of the Website or any services or materials available through the Website, unless otherwise agreed by the Company in a separate signed writing granting you a license to use such materials for a limited purpose; or (iv) access, use or share for any commercial purposes any part of the Website or any services or materials available through the Website that are secured through password-protected login, dedicated-domain functionality and/or IP address approval.
(e) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are intellectual property of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company in a separate signed writing. All other names, logos, product and service names, designs and slogans on the Website are the intellectual property of their respective owners.
(3) YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You warrant and represent: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv)
you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of the Company.
(4) USER CONTRIBUTIONS
(a) We may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be published or displayed on public areas of the Website, or transmitted to other users of the Website or to any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible and liable for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. You shall indemnify and hold harmless to the fullest extent permitted by law the Company for any liability, fee, expense, fine, or cost the Company may incur resulting from or in any way related to your User Contributions.
(5) CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party.
- Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales.
- Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity other than you.
(6) MONITORING AND ENFORCEMENT
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Company and are not endorsed by the Company.
We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We disclaim and reject any liability or responsibility whatsoever to anyone for performance or nonperformance of the activities described in this section.
(7) COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (“DMCA Notice”) must include substantially the following:
1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
3. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices can be contacted as follows: support@arcsconnect.com
Place “Copyright Agent” in the subject line of your email.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be reviewed or received, and no resulting action may be taken.
Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (“Counter-Notice”) by submitting written notification to our
Copyright Agent (identified above). The Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to local Federal District Court jurisdiction, or if overseas, to an appropriate judicial body.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
(8) RELIANCE ON INFORMATION POSTED ON THE WEBSITE
DISCLAIMER
THIS WEBSITE AND ITS CONTENT DO NOT PROVIDE MEDICAL OR PSYCHIATRIC ADVICE OR ANY FORM OF MENTAL OR PSYCHO THERAPY.
IF YOU THINK YOU HAVE A MEDICAL, PSYCHIATRIC OR OTHER EMERGENCY, CALL 911 IMMEDIATELY.
ACCESS AND USE OF THIS WEBSITE AND ITS CONTENT IS SOLELY AT YOUR OWN RISK.
This Website and its Content are for general informational purposes, only. This Website is does not provide medical services, medical advice, medical diagnosis, medical treatment, psychiatric
services/advice, psychiatric diagnosis, mental therapy or psychiatric treatment of any kind, to any individual.
Never rely on this Website in place of seeking professional medical or psychiatric advice. Never disregard professional medical or psychiatric advice or delay in seeking it because of something you have read, seen, heard, assumed or in any way garnered or obtained from this Website.
Always seek the advice of your physician, psychiatrist, therapist or other qualified healthcare provider with any questions you may have regarding a medical, psychiatric or other health related condition. You should ask your physician, psychiatrist, therapist or other qualified healthcare provider to assist you in interpreting this Website or any of its content. You should ask your physician, psychiatrist, therapist or other qualified healthcare provider to assist you in applying or attempting to apply this Website or its content to your individual case.
Medical and mental health information changes constantly. Therefore this Website and its content should not be considered current, complete or exhaustive, nor should you rely on this Website to recommend a course of treatment for you or for any other individual. Reliance on any information provided from this Website is solely at your own risk.
We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or any other information that may be mentioned or posted or obtained on this Website. We and this Website are not liable or responsible for any advice, course of treatment, diagnosis, or any other information, services or products you obtain through this Website or from its content. Reliance on any information provided by the Website, its agents, its contractors, its owners, its officers, its directors, its representatives, its employees, its affiliates, its licensors, its suppliers, its authors, its contractors, its employees, or by any other providers of this Website or its content, by any third-parties mentioned on this Website or in its content, by any others appearing on this Website, or by any other visitors to this Website is solely at your own risk and in your sole discretion.
This Website and its content may contain health- or medical-related materials that are sexually or otherwise explicit. If you find these materials offensive, you may not want to use or access this Website.
(9) LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the prior written consent from the Company). The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content or links to specific content on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you shall not:
- Establish a link from any website or page that is not owned by you.
- Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
(10) NO WARRANTIES EXPRESS OR IMPLIED
YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, ACCURACY, RELIABILITY, CURRENTNESS, TIMELINESS, QUALITY OR AVAILABILITY OF THE WEBSITE, OR OF ANY PORTION OF THE WEBSITE, OR OF ANY ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY, ITS AGENTS, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AFFILIATES, ITS LICENSORS, ITS EMPLOYEES, ITS CONTRACTORS, ITS SUPPLIERS, ITS AUTHORS AND ANY OTHER PROVIDERS OF THE WEBSITE OR OF ANY PORTION OF THE WEBSITE OR OF ANY ITEMS OBTAINED THROUGH THE WEBSITE, AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AGENTS, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS, ITS AUTHORS, ITS EMPLOYEES, ITS CONTRACTORS, AND ANY OTHER PROVIDERS OF THE WEBSITE OR OF ANY PORTION OF THE WEBSITE OR OF ANY ITEMS OBTAINED THROUGH THE WEBSITE, AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE
SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO ANY SOFTWARE WITH REGARD TO THE WEBSITE AND/OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES OR ITS AGENTS, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AFFILIATES, ITS CONTRACTORS, ITS EMPLOYEES, ITS LICENSORS, ITS SUPPLIERS, ITS AUTHORS AND ANY OTHER PROVIDERS OF THE WEBSITE OR OF ANY PORTION OF THE WEBSITE OR OF ANY ITEMS OBTAINED THROUGH THE WEBSITE, AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF SUCH WARRANTY AS MAY BE REQUIRED BY LAW.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Company. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or Services.
(11) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AGENTS, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS, ITS SUPPLIERS, ITS AUTHORS AND ANY OTHER PROVIDERS OF THE WEBSITE OR OF ANY PORTION OF THE WEBSITE OR OF ANY ITEMS OBTAINED THROUGH THE WEBSITE, AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, DAMAGES RESULTING FROM BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INDEMNIFICATION, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE.
(12) EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
(13) GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of the State of Delaware, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of Delaware, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. If you are a Website user in a member country of the European Economic Area (EEA) or European
Union (EU)), this Policy and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you are domiciled.
(14) ARBITRATION MANDATORY
Prior to commencing any litigation, any controversy or claim arising out of or relating to this Policy, or the breach thereof, shall first be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs of such arbitration and the arbitration process will occur by virtual video conference, with a single mutually selected arbitrator. The arbitrator shall use this Policy and any other agreements then in effect between you and the Company to render his/her decision, and may award the victorious party all reasonably incurred legal fees and other costs with respect to the entire process of arbitrating such dispute.
(15) SEVERABILITY
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
(16) WAIVER AND AMENDMENT
If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it so stated in writing.
(17) GEOGRAPHIC RESTRICTIONS
Software, functionality, and/or features (collectively, “Service Functionality”) that may be available on or through the Website from time-to-time, are subject to United States Export Controls. No Service Functionality from the Website may be downloaded or exported (i) into (or to a resident of) Iraq, Cuba, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any Service Functionality, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
(18) FUTURE BUSINESS TRANSACTIONS
As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such
parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information and subject to substantially the same requirements as stated herein.
(19) MERGER
This Policy, together with the documents expressly referred to herein, constitutes the entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
(20) YOUR COMMENTS AND CONCERNS
The Website is operated by ARCS, LLC., 8 The Green, Suite #17698, Dover, DE 19901. If you have any questions, please contact us via email at support@arcsconnect.com or by mail at the above address.
LAST REVISED: February 23, 2024
