AGREEMENT BETWEEN YOU AND ARCTECH
The ARCTECH, Inc. (“ARCTECH”) website is comprised of various Web pages (collectively, the “Site”) operated by ARCTECH. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Before you may use the Site, you must also read and accept all of the terms and conditions of the Statement of Privacy [Note: Provide a link to Statement of Privacy.]. These Terms are effective upon acceptance for new users. If you do not agree to be bound by these Terms and the Statement of Privacy, you may not use the Site in any way.
DESCRIPTION OF SERVICES
The Site provides a variety of services and information. ARCTECH sells a number of products through the Site, including actosol® humic fertilizer products.
LICENSE AND SITE ACCESS
ARCTECH grants you a limited license to access and make personal use of the Site. To clarify, this license does not include any collection and use of any product listings, descriptions or prices; any downloading or copying of account information for the benefit of another vendor or any other third party; linking to any internal or subsidiary pages of the Site located one or several levels down from the main page (“deep linking”); any action that imposes or may impose (in ARCTECH’s sole discretion) an unreasonable or disproportionately large load on ARCTECH’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by ARCTECH to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by ARCTECH. This license is further subject to the restrictions described elsewhere in these Terms, including but not limited to in the sections titled “Use of Communication Services” and “No Unlawful or Prohibited Use”.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to ensure that you exit from your account at the end of each session. You agree to notify ARCTECH immediately of any unauthorized use of your account or any other breach of security. ARCTECH reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARCTECH OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ARCTECH OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED OR SOLD ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARCTECH AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TERMS & CONDITIONS
Through the Site, ARCTECH sells actosol humic fertilizers to you at charges specified at the time of checkout. Despite using commercially reasonable efforts, services offered for sale online may be mispriced. If such an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before billing you or cancel your order and notify you of such cancellation. It is your sole responsibility to provide valid and current credit card information on your secured web account for airtime processing. You hereby grant irrevocable authorization to ARCTECH to charge airtime fees to the credit card listed on your account by acceptance of these Terms at the point of initial access to your web account on the Site. Your acceptance of these Terms on your web account is electronically logged and documented and you agree that this process meets all legal stipulations for e-commerce transactions.
All sales are final. No refunds. At the discretion of ARCTECH, the company may replace product.
ARCTECH reserves the right to change these Terms, including but not limited to the charges associated with the use of the Site. Please review these Terms regularly for changes.
LINKS TO THIRD PARTY SITES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ARCTECH and ARCTECH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ARCTECH is not responsible for webcasting or any other form of transmission received from any Linked Site. ARCTECH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ARCTECH of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to ARCTECH that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
ARCTECH has no obligation to monitor the Communication Services. However, ARCTECH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ARCTECH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ARCTECH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ARCTECH’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ARCTECH does not control or endorse the content, messages or information found in any Communication Service and, therefore, ARCTECH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ARCTECH spokespersons, and their views do not necessarily reflect those of ARCTECH.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO HUMAXX OR POSTED AT ANY SITE
ARCTECH does not claim ownership of the materials you provide to ARCTECH (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ARCTECH, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ARCTECH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ARCTECH’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to indemnify and hold ARCTECH (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms, or your violation of any law or the rights of a third party.
ARCTECH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, these Terms are governed by the laws of the Commonwealth of Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Virginia, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ARCTECH as a result of this agreement or use of the Site.ARCTECH’ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of ARCTECH’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ARCTECHwith respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and ARCTECH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ARCTECH with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Site are: Copyright © 2013 ARCTECH and/or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Specifically, the following are trademarks of ARCTECH: ARCTECH™, actosol®, actodemil®, MicGAS™, HUMASORB®, and HUMASORB-L®. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to ARCTECH’ copyright agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Pepper Hamilton LLP
600 Fourteenth Street, N.W.
Washington District Of Columbia 20005-2004
Tel.: +1 202.220.1200
Fax: +1 202.220.1665