Terms of use

ARCFLASH LABS, LLC WEB SITE TERMS OF USE

Update: 7 June, 2018

Arcflash Labs, LLC welcomes you to its web site that belongs to, and is managed by Arcflash Labs, LLC. Please take a moment to read the following terms and conditions (“Terms of Use”). Your continued use of Arcflash Labs, LLC’s sites is subject to these Terms of Use:

BY USING OUR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OUR SITES.

USE LIMITATIONS.

By using our sites, you agree not to disrupt or intercept our electronic information posted on our sites or on any of our servers. You also agree not to attempt to circumvent any security features of our sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited.

You grant to Arcflash Labs, LLC the right to use all content you upload or otherwise transmit to its sites, subject to these Terms of Use, Arcflash Labs, LLC’s Privacy Policy, and the terms of use of anybody else who might be involved in transactions between us and you (the user), in any manner Arcflash Labs, LLC chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

LINKING POLICY.

Our sites contain links to third party sites, which are not under Arcflash Labs, LLC’s control. These third party sites are neither governed by these Terms of Use nor Arcflash Labs, LLC’s Privacy Policy. Arcflash Labs, LLC disclaims all responsibility for the operation of such sites, including the information collection practices of such sites. You acknowledge that Arcflash Labs, LLC is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. Linking to such third party sites is at your own risk.

PURCHASES MADE THROUGH THE SITE.

Purchases you make on our sites are governed by our Terms of Sale [link to shipping policies].

 

SUBMITTING INFORMATION TO OUR SITES.

If you wish to use our sites for any activities that require submitting any personal information, you must be over the age of 13 and a legal resident of the United States. Users must provide true, current, complete and accurate personal information.  Arcflash Labs, LLC reserve the right to refuse entry, ban you from using our services, withdraw your registration, cancel your orders, etc. if Arcflash Labs, LLC believes in good faith that your information submitted was false, misleading, or fraudulent.

To participate in our site activities, including online accounts, registrations, or memberships, users may be asked to complete a registration process and will receive/select a “user name” and password. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your personal information and the user name and password received upon such registration on our sites. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify Arcflash Labs, LLC of any unauthorized use of your registration and/or password.

CONTENT SUBMITTED BY USERS.

By submitting any content to Arcflash Labs, LLC’s sites, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All “moral rights” that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate; and
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party; or
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Arcflash Labs, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Arcflash Labs, LLC’s sole discretion. Arcflash Labs, LLC reserves the right to change, condense or delete any content on Arcflash Labs, LLC’s website that we deems, in its sole discretion, to violate the content of these Terms of Use. Arcflash Labs, LLC does not guarantee that you will have any recourse through Arcflash Labs, LLC to edit or delete any content you have submitted. Arcflash Labs, LLC reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Arcflash Labs, LLC, are responsible for the contents of your submission.

None of the content that you submit shall be subject to any obligation of confidence on the part of Arcflash Labs, LLC, its agents, subsidiaries, affiliates, or partners. In other words, you agree that Arcflash Labs, LLC is free to use any ideas, concepts, know-how, or techniques you submit for any purpose whatsoever, including but not limited to developing and marketing products or services using such information.

DISCLAIMER.

THE MATERIALS ON ARCFLASH LABS, LLC’S SITES ARE PROVIDED “AS IS.” ARCFLASH LABS, LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ARCFLASH LABS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULT, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE SITES. ARCFLASH LABS, LLC IS NOT RESPONSIBLE FOR ANY CONTENT SUBMITTED BY USERS, INCLUDING POSTS MADE BY EMPLOYEES OR AGENTS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF OUR SITES. CONTENT POSTED BY OTHERS DOES NOT NECESSARILY REPRESENT THE VIEWS OR POSTIONS OF ARCFLASH LABS, LLC.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL ARCFLASH LABS, LLC OR ITS CONTRACTUAL VENDORS OR SELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON OUR SITES (OR SITES LINKED TO OUR SITES), EVEN IF ARCFLASH LABS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

INDEMNIFICATION.

You agree to indemnify and hold harmless Arcflash Labs, LLC and its directors, officers, shareholders proprietors, employees, representatives and agents, affiliates and subsidiaries from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses, (including reasonable attorneys’ fees and all related costs and expenses) arising from your use or inability to use our Sites.

SITE MODIFICATION OR TERMINATION.

Arcflash Labs, LLC may modify the features, content and functionality of its sites at any time without notice. By using our Sites you are agreeing to be bound by the then current version of these Terms of Use. Any modifications to these terms shall be effective as of the date posted.

SEVERABILITY.

If any provision of this Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and all other provisions shall be unaffected thereby.

FORCE MAJEURE.

Arcflash Labs, LLC shall not be liable for damages for any delay or failure arising out of causes beyond its reasonable control and without default or negligence, including but not limited to acts of God, war, terrorist attacks, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.

GOVERNING LAW.

These Terms of Use, and all matters relating to your use of the Site, shall be governed by and construed in accordance with the laws of the United States of America, State of California, without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.

IF YOU DO NOT AGREE TO THESE “TERMS OF USE” IN THEIR ENTIRETY YOU MAY NOT CONTINUE TO USE OUR SITES.

© 2018 Arcflash Labs, LLC