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By accessing and/or using this website ("Website") you agree on behalf of yourself and the company on whose behalf you are visiting the Website (collectively "You") to be bound by these terms and conditions of use (the "Terms"). If you do not want to agree with the Terms, please do not access or use this Website.
Arcscale reserves the right, in its sole discretion, to revise the Terms at any time. By accessing and/or using this Website after a revision of the Terms, You agree to be bound by such revisions. Please check the current version of the Terms every time You access this Website, and please leave our Website if You do not agree with the current version of the Terms.
Copyrights. All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Arcscale or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Arcscale and/or its Third Party Providers. Nothing contained in the Terms or on the Website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of Arcscale’s and/or its Third Party Providers’ intellectual property rights and no part of this Website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means except as expressly stated herein. You are hereby authorized to view, reproduce and otherwise utilize the Website and Materials for Your own use only, provided that (a) such use does not interfere with Arcscale’s business; and (b) You do not remove or obscure the copyright notice or other notices displayed on the Website and Materials. Any rights not expressly granted herein are reserved.
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED BY ARCSCALE, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" AND ARCSCALE HEREBY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE WEBSITE AND MATERIALS MAY INCLUDE INACCURACIES, OUTDATED INFORMATION, DEFECTS, OMISSIONS AND/OR OTHER ERRORS. ARCSCALE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICE, REPAIR, REPLACEMENT AND/OR CORRECTION OF ANY OF YOUR COMPUTER HARDWARE, SOFTWARE AND/OR ANY OTHER PROPERTY WHATSOEVER, WHETHER OR NOT ARCSCALE IS AT FAULT. ARCSCALE RESERVES THE RIGHT TO MODIFY THE INFORMATION DISPLAYED ON THIS WEBSITE BUT IT DOES NOT MAKE ANY COMMITMENT TO UPDATE THE INFORMATION DISPLAYED ON THIS WEBSITE.
Limitation Of Liability. IN NO EVENT WILL ARCSCALE, ITS OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL, LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, OR USE OF ANY LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY ARISING FROM THE BREACH OF CONTRACT, NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF ARCSCALE HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM, whether based on breach of contract, tort, statutes or any other legal theory. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST ARCSCALE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ARCSCALE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ARCSCALE FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.
Pricing and Availability Information. Pricing and availability of products, services or programs as set forth in the Website are subject to change without notice, and may not be available in all countries. The Website may contain references to Arcscale products, services and programs that have not been announced in Your country. These references do not imply that Arcscale intends to announce or make available such products, services or programs in Your country. Further, the Website may contain references to future planned Arcscale products. It is possible that such products will not be produced.
Submissions. Except where expressly provided otherwise by Arcscale, all comments, feedback, information or materials submitted to Arcscale through or in association with this Website ("Submissions") shall be considered non-confidential. By providing such Submissions to Arcscale, You agree to assign to Arcscale, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Arcscale shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You, not Arcscale, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Links To Third Party Sites. This Website may contain links to websites controlled by parties other than Arcscale. Arcscale is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Arcscale is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Arcscale of the linked website. It is Your responsibility to take precautions to ensure that whatever You select for Your use is free of viruses or other items of a destructive nature.
Export Control. Arcscale controls and operates this Website from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You certify that You are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Intellectual Property Notices. All text, images, HTML, and all other code contained on this Website — unless credited to another source—are Copyright © 2007 Arcscale, LLC, 3075 Raymond Street, Santa Clara, California 95054 U.S.A. All rights reserved. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Arcscale. Arcscale and the Arcscale logo design are trademarks Arcscale in the United States and/or other countries. This list is not exhaustive. All other trademarks are the property of their respective owners.
Governing Law. Your use of this Website, the Terms, and any dispute arising in connection with the Terms shall be governed by California law, excluding its conflict of law principles. Any disputes arising in connection with these Terms or this Website shall be subject to the exclusive jurisdiction of courts in Santa Clara County, California. You hereby expressly consent to the personal jurisdiction of such courts.
Last Revised May 7, 2016
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