This website is operated by ARCHES Technology, Inc. (hereinafter “ARCHES”). This Terms of Service Agreement (“Agreement”) govern your access and use to the Springboard website (the “Website”). For the purposes of this Terms of Service, unless otherwise noted, all references to ARCHES, include the Springboard website (“Springboard”) and/or its associated products including the website, (collectively the “Services”). Your access to and use of the Services is expressly conditioned on your compliance with these Terms.
The term “you” shall refer to any person or entity who accesses the Website and/or uses the Services. By using the Services, you agree to be bound by the following Terms, including those additional terms, conditions and policies referenced herein.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.
Privacy
Your use of the Services is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices.
Your Account
In order to access, use or receive our Services you may need to register and create an account (“Account”). In creating an Account, you represent that you are 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 jurisdiction. When creating your Account, you will be required to provide certain personal information about yourself and establish a username and a password.
You agree to provide current, complete and accurate account information. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
The Services are not permitted for use by individuals under the age of eighteen (18) unless they have provided the written consent of their parents or legal guardians, and we request that these individuals do not provide Personal Information to us.
Password and Security
In order to access, use or receive our Services you may need to register and create an account (“Account”). In creating an Account, you represent that you are 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 jurisdiction. When creating your Account, you will be required to provide certain personal information about yourself and establish a username and a password.
You agree to provide current, complete and accurate account information. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
The Services are not permitted for use by individuals under the age of eighteen (18) unless they have provided the written consent of their parents or legal guardians, and we request that these individuals do not provide Personal Information to us.
Use of the Services
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
As a condition of ARCHES providing the Services to you, you confirm that you will use the Website and the services available for your personal, non-commercial use only.
Prohibited Uses
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Services in any way that:
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or
non-public spaces; - uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair our servers or networks;
- attempts to gain unauthorized access to ARCHES computer network;
- attempts to gain unauthorized access to ARCHES user accounts;
- uses false or inaccurate user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or
- violates these Terms in any manner.
By providing your email address and signing up for the Services you consent to receive email communications from us. By providing your email address and signing up for the Services you confirm you are the authorized owner/user of the email address submitted. You can opt out of receiving these emails any time by contacting us. By signing up for the Services and receiving these emails, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy Policy and these Terms.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to ARCHES that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of ARCHES or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. ARCHES content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written permission of ARCHES and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ARCHES or our licensors except as expressly authorized by these Terms.
Reliance on Information Provided
Commentary and other materials included in the Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.
Electronic Communications
Using the Services or sending emails to us constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Termination or Modification of Service
We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services offered on or through the Website (or any part thereof), including but not limited to the Websites’ features, look and feel, and functional elements and related services.
Children Under 13
We do not knowingly collect personal information from children under the age of thirteen (13). If you are under the age of thirteen please do not submit any personal data through our Services.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. ARCHES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. WE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION
THE SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ARCHES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS
TO OR ALTERATION OF ANY
TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL ARCHES’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO ARCHES HEREUNDER. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
Indemnification
You agree to indemnify, hold harmless and defend ARCHES its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by you which is prohibited as unacceptable.
Jurisdiction and Applicable Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes to Terms
We reserve the right, in our sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of
our updates.
Contact Us
We welcome your questions or comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at:
Arches Technology, Inc.
222 Broadway,19th Floor,
New York, NY 10038
By email:
info@archestechnology.com
Effective as of December 1, 2017.