Website Terms of Service

Scope

Agreement to Terms

Informational Use

The content of the Website and the Services, including all text, images, software, audio and video links, any such combination and/or compilation of the same, whitepapers, blog posts, case studies, and sample outputs (collectively referred to herein as "Materials") is provided for general informational purposes only and does not constitute legal, compliance, or other professional advice. You should not rely on the Website as a substitute for independent professional judgment.

Copyright

The Materials are the property of Archer Faris and are protected by U.S. and international copyright laws. Neither the Website nor the Materials may be copied, reproduced, modified, adapted, translated, transmitted, publicly displayed, performed, republished, distributed, or otherwise used in whole or in part without Archer Faris's prior written consent. No use of the Materials on the Website is allowed except as expressly stated herein. Some Materials may be copyrighted by Archer Faris's suppliers, licensees, and affiliates. Copyright law also applies to other companies' advertisements or information presented on the Website. All rights not expressly granted are reserved.

Trademarks

"Archer Faris" and all related names, logos, product and service names, designs and slogans are trademarks of Archer Faris or its affiliates or licensors (collectively, the "Trademarks"), within the United States as well as in other countries. You may not display, make reference to, or use the Trademarks in any manner without prior written consent of Archer Faris. All other trademarks, service marks, product and service names and company names or logos that appear on the Website are the property of their respective owners. The use of Trademarks on any other website is not allowed. Archer Faris prohibits the use of Trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance by Archer Faris.

Age of Users

Services and information intended for users of the Website are not for use by children under 18 years of age. Parents and legal guardians may not agree to these Website Terms on their children's behalf. If Archer Faris becomes aware that a child under 18 has provided or attempted to provide Archer Faris with personal information, Archer Faris will use best efforts to remove the information permanently from our files.

Illegal & Unpermitted Activities

Third-Party Resources

The Website may contain links to third-party sites or resources. Archer Faris exhibits no control over such third-party sites and is not responsible for (and does not endorse) their content, privacy practices, resources, products, or services. Your use of third-party sites is at your own risk and subject to their terms and policies. Archer Faris makes no representations or warranties and accepts no responsibility for the quality, content, nature or reliability of any third-party site or service accessible by hyperlink from the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Website, are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Archer Faris will not be responsible or liable for any loss or damage incurred as the result of any such dealings.

Submissions

If you submit content or information through the Website, such as contact forms, event registrations, comments, suggestions and recommendations, or uploaded materials (collectively, "Submissions"), you grant Archer Faris a non-exclusive, worldwide, royalty-free license to freely use and exploit those Submissions to operate, improve, and market the Website and to respond to your requests without any obligation to you. Do not submit confidential or sensitive information (e.g., secrets, credentials, PHI, payment information, etc.) through public Website forms.

Privacy and Use of Cookies

Please review our Privacy Policy for information on how Archer Faris collects, uses, and discloses information about Website visitors and for information about cookies and similar technologies. By using this Website, you signify your ongoing and continuing consent to the Privacy Policy. The Privacy Policy is incorporated into these Website Terms. In the event of any inconsistency between the Website Terms and the Privacy Policy, the Website Terms shall prevail. Personal information that you supply to Archer Faris, and any information about your use of the Website that Archer Faris obtains from you will be subject to the Privacy Policy.

Copyright Complaints (U.S.)

Archer Faris respects your intellectual property rights as well as the rights of other third parties. If you believe content hosted on our websites or services infringes your copyright, please e-mail privacy@archerfaris.com.

Disclaimer of Warranties

THE WEBSITE, THE SERVICE, AND THE MATERIALS (TOGETHER, THE "ARCHER FARIS ASSETS") ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHER FARIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARCHER FARIS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ARCHER FARIS ASSETS. ARCHER FARIS DOES NOT REPRESENT OR WARRANT THAT THE ARCHER FARIS ASSETS WILL BE ERROR-FREE OR UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, OR CURRENT OR THAT THE ARCHER FARIS ASSETS, INCLUDING ITS SERVERS, ARE FREE OF ANY HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ARCHER FARIS ASSETS ARE AT YOUR SOLE RISK AND RESPONSIBILITY. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHER FARIS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE ARCHER FARIS ASSETS OR ANY BREACH BY ARCHER FARIS OF THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY. TO THE EXTENT ANY LIABILITY IS NOT EXCLUDED, THE AGGREGATE LIABILITY OF ARCHER FARIS FOR DAMAGES OR LOSS, HOWEVER ARISING OR CAUSED, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Archer Faris and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Website or any violation of these Website Terms. Archer Faris reserves the right, at Archer Faris's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Archer Faris in asserting any available defenses.

Modification of the Website

Archer Faris reserves the right, in its sole discretion, to update, modify, or discontinue the Website from time to time with or without consent. Archer Faris reserves the right to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Archer Faris will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Modification of the Website Terms

Archer Faris reserves the right, in its sole discretion, to update or modify the Website Terms, whether in whole or in part, without notice. If Archer Faris changes the Website Terms, Archer Faris will post such new terms on the Website, and any such changes or modifications will become effective upon posting. Your access to and use of the Website, following the posting of any such changes or modifications, will constitute your acceptance of the Website Terms as revised.

Sanctions

You must comply with all applicable export control and sanctions laws. You may not access or use the Website from any jurisdiction embargoed by the United States or if you are on any U.S. government restricted party list.

Governing Law

These Website Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship. Subject to the last sentence of this section, any claim, dispute or controversy arising out of or relating to this Agreement shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in San Francisco, CA. Notwithstanding the foregoing, a party may seek preliminary judicial relief (such as a preliminary injunction) from the state and federal courts located in San Francisco, CA, if in its judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.

Termination

Archer Faris reserves the right to terminate your use of this Website, including the right to remove any information provided to Archer Faris by you or posted to the Website, in the event that you violate the Website Terms, any rules or guidelines posted on this Website, any applicable federal, state or local laws, or for any other reason that Archer Faris shall determine in its sole discretion. You understand that any termination of your account, by you or Archer Faris, may involve the permanent deletion of your data and/or information.

Force Majeure

Archer Faris is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; any labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Notice

You agree that Archer Faris may provide notice to you and other information concerning this Website electronically, including any notice to any email address supplied by you.

Miscellaneous

You agree to comply with all applicable laws and regulations. These Website Terms constitute the entire agreement between you and Archer Faris regarding Website use. If any provision is held invalid, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions will remain in full force. Archer Faris's failure to enforce any provision is not a waiver. You may not assign any rights or obligations under these Website Terms; Archer Faris may assign them in connection with a merger, acquisition, or sale of assets.

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