TERMS AND CONDITIONS

The ARCA Care Terms and Conditions were updated on June 1, 2015

ARCA.TECH SYSTEMS, LLC, a New Jersey Limited Liability Company with its principal place of business at 1400 Dogwood Way, Mebane, NC 27302, on behalf of itself and its affiliates (collectively “ARCA”), maintains the website www.arcacare.com (the “Site”) for use by itself and its customers, as well as for promotional and other activities. The following terms and conditions of use (“Terms and Conditions”) apply to your use of the Site, and by browsing or otherwise accessing the Site, you agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations, including United States export and re-export controls and regulations. The Terms and Conditions may be modified from time to time by ARCA or its designee, successor, or assignee.

Login and Unauthorized Use

You are responsible for protecting your login information from others and for any activity that occurs on the Site using your login information. You agree to notify ARCA immediately upon learning of any unauthorized use of your login information, any breach of security, or any breach of these Terms and Conditions.

Intellectual Property

Copyright to the Site is owned by ARCA, and ARCA retains all copyrights in any text, graphic images, and software owned by ARCA. ARCA hereby authorizes you to electronically copy documents published herein solely for the purpose of viewing the information for your own lawful individual or internal purposes. You may not otherwise copy, modify, distribute, publish, sell, license, create derivative works, create hyperlinks to, or use any information on the Site without written permission from ARCA. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any ARCA copyright, patent, trademark, or other intellectual property right.

ARCA, the ARCA logo, ARCA Care, and the other ARCA names or products referenced herein are trade names, trademarks or service marks of ARCA.TECH SYSTEMS LLC or its subsidiaries and affiliates and may not be used without permission. ARCA® is a registered trademark.

ARCA respects the rights of all copyright holders. If you believe your copyright has been infringed, you may notify ARCA in writing at the address set forth above or by email at info@arca.com. Other product or company names mentioned on the Site may be the trade names, trademarks, or service marks of third parties.

Disclaimer

THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ARCA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR THE PROTECTION OF YOUR OWN EQUIPMENT FROM HARMFUL ELEMENTS. ARCA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOUR RELIANCE ON THE SITE AND INFORMATION FOUND ON THE SITE TO INFORM BUSINESS AND OTHER DECISIONS IS SUBJECT TO THIS DISCLAIMER, AND YOU SHOULD MAINTAIN REASONABLE ALTERNATE PROCESSES AND SAFEGUARDS TO MITIGATE ANY RISKS YOU TAKE IN SUCH RELIANCE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ARCA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,s ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ARCA OR AN ARCA-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF UNLESS ARCA HAS ALREADY ASSUMED RESPONSIBILITY FOR SOME OR ALL OF SUCH COSTS IN WRITING. ARCA IS NOT RESPONSIBLE FOR ANY SITE FAILURE OR DELAY DUE TO ACTS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS ERRORS OR OUTAGES, LABOR OR CIVIL UNREST, WAR, NATURAL DISASTER, ACTS OF GOD, ORDERS OF GOVERNMENTAL OR REGULATORY BODIES, OR THE FAILURE OF PERFORMANCE BY THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless ARCA and its agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms and Conditions, violation of any law or regulation, or violation of any proprietary or privacy right.

Software Protection

You may use the Site to remotely download and view certain reports and other data. You will not, and will not allow a third party to, do any of the following: (a) copy, modify, edit, or translate, or otherwise create derivative works of the Site or its contents, (b) reverse engineer, decompile, disassemble, or attempt to discover the source code of any software contained in or associated with the Site, (c) transfer or assign any access rights you may have to the Site, (d) remove any proprietary notices or labels, including copyright notices and brand logos, from the Site or any reports derived therefrom, or (e) use any device, routine, or software that interferes or attempts to interfere with the operation of the Site.

Export Restrictions

United States export control laws and administrative regulations prohibit the export of certain technical data and software to certain territories and to certain recipients. No content from the Site may be accessed, downloaded, or otherwise exported in violation of these prohibitions.

Privacy

Your use of the Site is subject to ARCA’s Privacy Policy as published and amended from time to time on the Site. By accessing the Site, you agree to the terms contained therein.

Severability and Enforcement

In the event any of the provisions of these Terms and Conditions shall be held to be unenforceable, the remaining provisions shall not be affected, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

Applicable Law

The Site is controlled by ARCA from its offices within the State of North Carolina, United States of America. By accessing the Site, you agree that your use of the Site shall be governed by the laws of the State of North Carolina, and the federal laws of the United States, without regard to the conflicts of laws principles thereof. Any legal action or proceeding relating to access to, or use of, this website or the information it contains is subject to the exclusive jurisdiction of the state and federal courts located in Alamance County, North Carolina. You and ARCA agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Revisions to these Terms and Conditions

ARCA may at any time revise these Terms and Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then-current Terms and Conditions to which you are bound.