ARCHE provides ARCHE web site including ARCHE Home Page and other ARCHE content (collectively, the " ARCHE Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE ARCHE SITE. BY ACCESSING ARCHE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE ARCHE SITE.
By accessing ARCHE Site, you agree to be bound by the terms and conditions listed below:
- Rules. While visiting ARCHE, you may not:
Linked Sites. Any sites to which ARCHE provides links are operated by independent parties and are not under the control of ARCHE.
Independent Parties. ARCHE and linked web sites are independent parties. There is no agency, employee or partnership relationship of one to the other or among any of them and they have no authority to bind another of the parties. Any reference describing ARCHE and any linked site as "partners" is colloquial only and does not represent the legal relationship between them, which is one of independent contractors.
Monitoring. ARCHE has no obligation to monitor ARCHE Site. However, you agree that ARCHE has the right to monitor ARCHE Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate ARCHE Site properly, or to protect itself or its users in accordance with ARCHE ‘s Privacy Statement. ARCHE will not intentionally monitor or disclose any private electronic-mail message unless required by law. ARCHE reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. ARCHE does not hire moderators to monitor the web site. All moderators for ARCHE are volunteers and ARCHE is not responsible for their actions.
No Warranty. ARCHE assesses the products and services offered by ARCHE and believes that these products and services are appropriate and valuable to ARCHE customers. ARCHE does not, however, guarantee any products or services provided by ARCHE. Pricing contained on the site is subject to change without notice.
Limitation of Liability. ARCHE, including its affiliates, related companies and suppliers, take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on ARCHE Site. Further, ARCHE makes no representations about the suitability of any of the information contained in the documents and related graphics on ARCHE Site for any purpose. All such documents, related graphics, product and services are provided "as is" and without warranties or conditions of any kind. In no event shall ARCHE be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information, products or services available on or through ARCHE site.
Recourse. If you are dissatisfied with ARCHE Site or with any terms, conditions, rules, policies, guidelines or practices of ARCHE in operating ARCHE Site, your sole and exclusive remedy is to discontinue using the ARCHE Site.
Indemnity. You agree to defend, indemnify and hold ARCHE and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of ARCHE Site or the Internet or the placement or transmission of any message, information, software or other materials on ARCHE Site or on the Internet by you or users of your account.
Intellectual Property. All ARCHE elements (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, documents, worksheets, programs, photos, illustrations, images, videos and audio materials, are the property of ARCHE and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of ARCHE or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on ARCHE are trademarks which were registered or not by ARCHE or third parties. Nothing in ARCHE may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on ARCHE without the prior written approval of the owner of such trademark.
Territory. ARCHE Site originates in Canada.
Miscellaneous. This Agreement, including any and all documents referenced herein, constitutes the entire agreement between ARCHE and you pertaining to the subject matter hereof. ARCHE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the province of Alberta and the federal laws of Canada applicable therein. The parties have required that this agreement and all documents relating thereto be drawn up in English.
- Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use ARCHE Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying ARCHE Site or the Internet;
- Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through ARCHE Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.