- Representations and Warranties by You
- Use of Site Materials
You agree that any electronic or printed information, data, images, videos, photographs, artwork or other content contained on the Websites (“Site Materials”), constitute the copyrightable or copyrighted and proprietary property of Arboris or third parties. You may only use the Site Materials solely for your private use to view the content as it appears on the Websites and for no other purposes or uses. You will not commercialize, copy, create derivative works of, download, license, modify, relicense, repurpose, reuse, reverse engineer, sell, sublicense or swap the Site Materials, nor will you assist others in doing so.
Unless indicated otherwise, all logos, names, service marks, trade dress, trademarks and trade names are proprietary to Arboris in the United States and other countries and may not be used by you or anyone for any purpose without Arboris’ prior express written consent.
- Your Use of the Websites
Arboris reserves the right, without notice and in its absolute and sole discretion, to terminate your access and use of the Websites, and to block or prevent future access to and use of the Websites. You do not have the right to, and agree that you will not:
- frame, use or utilize framing techniques to enclose any portion of the Websites (including the images found at the Websites or any text or the layout/design of any page or form contained on a page);
- interfere with the proper working of the Websites;
- make derivative uses of the Websites or the Site Materials;
- market, sell or make commercial use of the Websites or any Site Materials;
- publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media; or
- systematically collect and use any data or content, including through the use of any spiders, scrapers, robots, or similar data gathering, mining or extraction methods.
You will use your best efforts to cooperate with Arboris on reasonable conditions and terms in the event Arboris deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to the Websites.
- Intellectual Property
The Websites contain proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Websites infringes upon your copyright rights, please contact Arboris for assistance.
- Third Party Websites
- DISCLAIMER OF WARRANTIES
ALL CONTENT ON THE WEBSITES IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND OR NATURE EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITES’ CONTENT. ARBORIS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ARBORIS, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITES WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEBSITES IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITES. ARBORIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THE WEBSITES.
- LIMITATION OF LIABILITY AND DAMAGES
- YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. YOU (AND NOT ARBORIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ARBORIS, NOR THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEBSITES, IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE OR SIMILAR DAMAGES; AND
- Indemnification of Arboris
- Equitable and Injunctive Relief
You agree that your unauthorized use of the Site Materials will cause injury to Arboris that cannot adequately be remedied by money damages, and that Arboris shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Websites or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If Arboris is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.
- No Relationship with You
You understand that Arboris has not entered into any form of partnership, agency, fiduciary or special relationship with you solely by granting you access to and use of the Websites.
- Governing Law and Venue
- Dispute Resolution
- NO CLASS ACTIONS AND WAIVER OF JURY TRIAL
- Cooperation with Law Enforcement
- Your Submissions to the Websites
Some of the services offered by Arboris on the Websites may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (a “Submission“) to the Websites, including content images, data, information, video, and other files and materials.
- Inappropriate Submissions
- Your Representations and Warranties
Each time you provide a Submission to the Websites, you represent and warrant that you have the right to provide such Submission, which means:
- You are the author of the Submission or the owner of all copyright and other intellectual property rights therein;
- The Submission is not protected by copyright law; or
- License Grant to Arboris
You grant Arboris, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, create derivative works, display, store, publish, transmit, perform, distribute, reproduce any Submission you provide to Arboris in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Arboris to include the Submission you provide in a searchable format that may be accessed by users of the Websites. You also grant Arboris and its related entities the right to use any of your information included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant to Arboris the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to Arboris for any purpose whatsoever, including developing, marketing and/or promoting products and services. You grant all rights described in this section in consideration of your use of the Websites, without compensation of any sort to you.
- Disclaimer of Responsibility for Submissions
Arboris does not endorse any Submissions, nor does any Submission necessarily represent the views of Arboris or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Arboris does not control all Submissions, and Arboris disclaims any responsibility for such Submissions. Arboris specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submission. In addition, Arboris does not represent or warrant that any other content or information accessible via the Websites is accurate, complete, reliable, current or error-free. Arboris does not assume any responsibility or liability for any errors or omissions in the content of the Websites or in any Submission.
- Review and Removal of Submissions
Arboris reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submission.
- Additional Terms