1. ACCEPTANCE OF TERMS
The services that Arctern provides to User is subject
to the following Terms of Use ("TOU"). Arctern
reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU
can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of
our Web pages.
A. This Agreement, which incorporates by reference
other provisions applicable to use of Arctern.com,
including, but not limited to, supplemental terms
and conditions set forth hereof ("Supplemental
Terms") governing the use of certain specific
material contained in Arctern.com, sets forth the
terms and conditions that apply to use of Arctern.com
by User. By using Arctern (other than to read this
Agreement for the first time), User agrees to comply
with all of the terms and conditions hereof. The right
to use Arctern.com is personal to User and is not
transferable to any other person or entity. User is
responsible for all use of User's Account (under any
screen name or password) and for ensuring that all
use of User's Account complies fully with the provisions
of this Agreement. User shall be responsible for protecting
the confidentiality of User's password(s), if any.
B. Arctern
shall have the right at any time to change or discontinue
any aspect or feature of Arctern.com, including, but
not limited to, content, hours of availability, and
equipment needed for access or use.
2. Changed Terms
Arctern shall have the right at any time to change or modify the
terms and conditions applicable to User's use of Arctern.com,
or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges
for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice
thereof, which may be given by means including, but
not limited to, posting on Arctern.com, or by electronic
or conventional mail, or by any other means by which
User obtains notice thereof. Any use of Arctern.com
by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications
or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Arctern provides User with access to a
variety of resources, including download areas, communication
forums and product information (collectively "Services").
The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties,
are subject to the TOU.
4. Equipment
User shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed
for access to and use of Arctern.com and all charges
related thereto.
5. User Conduct
A. User shall use Arctern.com for lawful purposes
only. User shall not post or transmit through Arctern.com
any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate any law, or which, without Arctern 's express
prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct
by a User that in Arctern's discretion restricts or
inhibits any other User from using or enjoying Arctern.com
will not be permitted. User shall not use Arctern.com
to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of
users to become subscribers of other on-line information
services competitive with Arctern.
B. Arctern.com
contains copyrighted material, trademarks and other
proprietary information, including, but not limited
to, text, software, photos, video, graphics, music
and sound, and the entire contents of Arctern.com
are copyrighted as a collective work under international
copyright laws. Arctern owns a copyright in the selection,
coordination, arrangement and enhancement of such
content, as well as in the content original to it.
User may not modify, publish, transmit, participate
in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole
or in part. User may download copyrighted material
for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted
without the express permission of Arctern and the
copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. User acknowledges
that it does not acquire any ownership rights by downloading
copyrighted material.
C. User
shall not upload, post or otherwise make available
on Arctern.com any material protected by copyright,
trademark or other proprietary right without the express
permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining
that any material is not protected by copyright rests
with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
By submitting material to any public area of Arctern.com,
User automatically grants, or warrants that the owner
of such material has expressly granted Arctern the
royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology
now known or hereafter developed for the full term
of any copyright that may exist in such material.
User also permits any other User to access, view,
store or reproduce the material for that User's personal
use. User hereby grants Arctern the right to edit,
copy, publish and distribute any material made available
on Arctern.com by User.
D. The foregoing
provisions of Section 5 are for the benefit of Arctern,
its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right
to assert and enforce such provisions directly or
on its own behalf.
6. USE
OF SERVICES
The Services may contain email services, bulletin board services,
chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed
to enable User to communicate with others (each a
"Communication Service" and collectively
"Communication Services"). User agrees to
use the Communication Services only to post, send
and receive messages and material that are proper
and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation,
User agrees that when using the Communication Services,
User will not:
q Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
q Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy
and publicity) of others.
q Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent
or unlawful topic, name, material or information.
q Upload, or otherwise make available, files that
contain images, photographs, software or other material
protected by intellectual property laws, including,
by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have
received all necessary consent to do the same.
q Use any material or information, including images
or photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary
right of any party.
q Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage
the operation of another's computer or property of
another.
q Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication
Services specifically allows such messages.
q Download any file posted by another user of a Communication
Service that User know, or reasonably should know,
cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
q Falsify or delete any copyright management information,
such as 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.
q Restrict or inhibit any other user from using and
enjoying the Communication Services.
q Violate any code of conduct or other guidelines
which may be applicable for any particular Communication
Service.
q Harvest or otherwise collect information about
others, including email addresses.
q Violate any applicable laws or regulations.
q Create a false identity for the purpose of misleading
others.
q Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory
of users of the Services or other user or usage information
or any portion thereof.
Arctern has no obligation to monitor the Communication Services.
However, Arctern reserves the right to review materials
posted to the Communication Services and to remove
any materials in its sole discretion. Arctern reserves
the right to terminate User’s access to any or all
of the Communication Services at any time, without
notice, for any reason whatsoever. Arctern reserves
the right at all times to disclose any information
as it deems 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 Arctern's sole
discretion.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination;
User is responsible for adhering to such limitations
if User downloads the materials.
Always use caution when giving out any personally identifiable information
in any Communication Services. Arctern does not control
or endorse the content, messages or information found
in any Communication Services and, therefore, Arctern
specifically disclaims any liability with regard to
the Communication Services and any actions resulting
from User’s participation in any Communication Services.
Managers and hosts are not authorized Arctern spokespersons,
and their views do not necessarily reflect those of
Arctern.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing Arctern
with current, complete and accurate information as
prompted by the applicable registration form. User
also will choose a password and a user name. User
is entirely responsible for maintaining the confidentiality
of User’s password and account. Furthermore, User
is entirely responsible for any and all activities
that occur under User’s account. User agrees to notify
Arctern immediately of any unauthorized use of User’s
account or any other breach of security. Arctern will
not be liable for any loss that User may incur as
a result of someone else using User’s password or
account, either with or without User’s knowledge.
However, User could be held liable for losses incurred
by Arctern or another party due to someone else using
User’s account or password. User may not use anyone
else's account at any time, without the permission
of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE
Any software that is made available to download from the Services
("Software") is the copyrighted work of
Arctern and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the
Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she
first agrees to the License Agreement terms.
The Software is made available for download solely for use by end
users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, ARCTERN HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ARCTERN MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. ARCTERN DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE
ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEBSITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and
this permission notice appear, (2) use of such Documents
from the Services is for informational and non-commercial
or personal use only and will not be copied or posted
on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made.
Accredited educational institutions, such as universities,
private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom
requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
ARCTERN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. ARCTERN AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL ARCTERN AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. ARCTERN AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN NO EVENT SHALL Arctern AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Arctern OR POSTED AT ANY
OF ITS WEBSITES
Arctern does not claim ownership of the materials User provide to
Arctern (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated
services for review by the general public, or by the
members of any public or private community, (each
a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting ("Posting") User’s Submission
User is granting Arctern, its affiliated companies
and necessary sublicensees permission to use User’s
Submission in connection with the operation of their
Internet businesses (including, without limitation,
all Arctern Services), including, without limitation,
the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Submission; to publish
User’s name in connection with User’s Submission;
and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use of User’s Submission,
as provided herein. Arctern is under no obligation
to post or use any Submission User may provide and
Arctern may remove any Submission at any time in its
sole discretion. By Posting a Submission User warrants
and represents to own or otherwise control all of
the rights to User’s Submission as described in these
Terms of Use including, without limitation, all the
rights necessary for User to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole
or in part ("Images"), User warrant and
represent that (a) User is the copyright owner of
such Images, or that the copyright owner of such Images
has granted User permission to use such Images or
any content and/or images contained in such Images
consistent with the manner and purpose of User’s use
and as otherwise permitted by these Terms of Use and
the Services, (b) User have the rights necessary to
grant the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted in
such Images, if any, has provided consent to the use
of the Images as set forth in these Terms of Use,
including, by way of example, and not as a limitation,
the distribution, public display and reproduction
of such Images. By Posting Images, User is granting
(a) to all members of User’s private community (for
each such Images available to members of such private
community), and/or (b) to the general public (for
each such Images available anywhere on the Services,
other than a private community), permission to use
User’s Images in connection with the use, as permitted
by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making
prints and gift items which include such Images),
and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat User’s Images without
having User’s name attached to such Images, and the
right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time
User completely remove such Images from the Services,
provided that, such termination shall not affect any
licenses granted in connection with such Images prior
to the time User completely remove such Images. No
compensation will be paid with respect to the use
of User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
A USER EXPRESSLY AGREES THAT USE OF Arctern.com
IS AT USER'S SOLE RISK. NEITHER Arctern, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
ARCTERN.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF ARCTERN.COM, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH ARCTERN.COM.
B. ARCTERN.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT ARCTERN IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH USER.
D. IN NO
EVENT WILL ARCTERN, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ARCTERN.COM OR THE ARCTERN SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE ARCTERN.COM. USER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE.
E. IN ADDITION
TO THE TERMS SET FORTH ABOVE NEITHER,
ARCTERN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN ARCTERN.COM,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR
TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED
TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. ARCTERN, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED
ON THE INFORMATION PROVIDED. NEITHER, ARCTERN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G. FORCE
MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS
OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY
SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED
BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN
A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE.
THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED
FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE ARCTERN'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
ARCTERN AND ARCTERN IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. ARCTERN IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. Arctern IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY ARCTERN
OF THE SITE.
Arctern is a distributor (and not a publisher) of content supplied
by third parties and Users. Accordingly, Arctern has
no more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information
or content expressed or made available by third parties,
including information providers, Users or any other
user of Arctern.com, are those of the respective author(s)
or distributor(s) and not of Arctern. Neither Arctern
nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular
purpose.
In many instances, the content available through Arctern.com represents
the opinions and judgments of the respective information
provider, User, or other user not under contract with
Arctern. Arctern neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice
or statement made on Arctern.com by anyone other than
authorized Arctern employee spokespersons while acting
in their official capacities. Under no circumstances
will Arctern be liable for any loss or damage caused
by a User's reliance on information obtained through
Arctern.com. It is the responsibility of User to evaluate
the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through
Arctern. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
ARCTERN OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT
SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.
THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
ARCTERN'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR
TO IDEAS SUBMITTED TO Arctern. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO ARCTERN OR ANYONE AT ARCTERN. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT ARCTERN MAKES
NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. Monitoring
Arctern shall have the right, but not the obligation, to monitor
the content of Arctern.com, including chat rooms and
forums, to determine compliance with this Agreement
and any operating rules established by Arctern and
to satisfy any law, regulation or authorized government
request. Arctern shall have the right in its sole
discretion to edit, refuse to post or remove any material
submitted to or posted on Arctern.com. Without limiting
the foregoing, Arctern shall have the right to remove
any material that Arctern, in its sole discretion,
finds to be in violation of the provisions hereof
or otherwise objectionable
.
16. Indemnification
User agrees to defend, indemnify and hold harmless Arctern, its affiliates
and their respectivedirectors, officers, employees
and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use
of Arctern by User or User's Account.
17. Termination
Either Arctern or User may terminate this Agreement at any time.
Without limiting the foregoing, Arctern shall have
the right to immediately terminate User's Account
in the event of any conduct by User which Arctern,
in its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this Agreement.
18. Miscellaneous
This Agreement and any operating rules for Arctern.com
established by Arctern constitute the entire agreement
of the parties with respect to the subject matter
hereof, and supersede all previous written or oral
agreements between the parties with respect to such
subject matter. This Agreement shall be construed
in accordance with the laws of Virginia, USA, without regard to its
conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for
convenience only and shall not be given any legal
import.
19. COPYRIGHT NOTICE
Arctern and its logos are trademarks of Arctern Incorporated. All
rights reserved. All other trademarks appearing on
Arctern are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners. The example
companies, organizations, products, domain names,
email addresses, logos, people and events depicted
herein are fictitious. No association with any real
company, organization, product, domain name, email
address, logo, person, or event is intended or should
be inferred.
Any rights not expressly granted herein are reserved.
