Terms of Use

Arctos360, LLC

Effective/Updated as of July 26, 2021

 

INTRODUCTION

Arctos360, LLC (“we” or the “Company”) offers arctos360.com, community.arctos360.com, LifeWorks, coaching, training and related products and services (collectively, the “Program”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

 

The content available on the Program is intended to be used by residents of the United States.

The Program is available only to individuals and entities that can form legally binding contracts under applicable law. By using, viewing, transmitting, storing, or otherwise utilizing or participating in the Program, you have agreed to and are legally bound by the Terms. If you do not agree to the Terms, cease using the Program immediately.

 

MODIFICATION OF THESE TERMS

We reserve the right in our sole discretion to change or modify the Terms of this Program. It is your responsibility to check for any changes we may make to these Terms. Your continued use of this Program means you accept and consent to the changes.

 

NO UNLAWFUL OR PROHIBITED USE

You warrant that you will not use the Program for any purpose that is unlawful or prohibited by these Terms.

  • You will use the Program in a professional manner, and you may not use the Program in any manner that could damage, disable, overburden, or impair the Program or interfere with any other party’s use and enjoyment of the Program.
  • You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Program.
  • You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Program or the contents or information contained therein without our prior express written consent.
  • You will comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.
  • You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Program or any transaction being conducted through the Program.
  • You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Program without our prior express written consent or that of the appropriate third party.
  • You may not print, download, and/or use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Program for anything other than your personal information.
  • The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
  • Without limiting the generality of the foregoing, you may not:
    • include such content in or with any product or service that you create or distribute;
    • reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes any portion of the Program, use of the Program, or access to the Program;
    • establish: (i) a hyperlink, including a deep link, to any page or location on the Program; or (ii) a frame containing any portion of the Program, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
    • copy such content onto your or any other Web site or publication; or
    • direct any other person to do any of the foregoing.

 

In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice we may be contacted at contact@arctos360.com.

 

USE OF COMMUNICATION SERVICES

The Program may contain discussion forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. You agree that when using a Communication Service, you will not:

  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download and/or distribute any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Program or another’s computer.
  • Falsify or delete any 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.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

 

Please note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing, or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions. You agree to indemnify us for any cost, expenses, damages, or liabilities we incur due to your use of the Program or otherwise relating to any of your contributions.

 

Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

ARCTOS360, LLC CODE OF CONDUCT REQUIREMENTS

As a member of the LifeWorks programs you are required to be a good Community member and abide by the following:

  • Be respectful and courteous to all other Community members and all coaches, instructors, and employees of Arctos360, LLC.
  • Do not use abusive, derogatory, threatening, or discriminatory language, either directly or indirectly.
  • Do not retaliate for any reason.
  • Do not sexually harass or make improper advances.
  • Do not discriminate against or harass on the basis of any legally protected classification, including, but not limited to race, gender, age, disability, national origin, religion, sexual orientation, or gender identity.
  • Do not directly contact any coach, instructor, or employee of Arctos360 for any reason. Customer Support requests or issues should be directed to contact@arctos360.com.

 

INFORMATION PROVIDED TO ARCTOS360

We do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input, or submit as a part of the Program. However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting us, our affiliated companies and necessary sub licensees, permission to use your Submission in connection with the operation of the Program and its businesses, including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

 

Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Program will be handled in accordance with the Program’s Privacy Policy, the provisions of which are incorporated into the Terms. We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.

 

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

 

In the course of using the Program, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up to date.

 

LINKS TO THIRD PARTY SITES AND OFFERINGS

The Program may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Program’s website.

 

Please exercise discretion while browsing the internet and using the Program’s website. You should be aware that when you are using the Program’s website , you could be directed to other sites that are beyond our control. There are links to other sites that take you outside of the Program. For example, if you “click” on a banner advertisement or a search result, the “click” may take you out of the Program. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the website may send cookies to users that we do not control.

 

The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Program’s website or third-party content in the Program. The Company is not involved in the actual transaction between buyers and suppliers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

LINKS TO THIRD-PARTY INTEGRATIONS

We may provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our website to provide you with additional functionality, tools, or services such as processing payments, sending newsletters, or providing translations.

You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources.

We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those Linked Sites.

 

 

 

RIGHT TO REFUSE SERVICE

We may prohibit you from participating in or utilizing the Program if, in our sole and absolute discretion, you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.

 

INFORMATION PROVIDED BY OTHER USERS

We do not control the information provided by other users, which is made available through the Program. You may find another user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Program. Please note that there are also risks of dealing with people acting under false pretense.

 

ACCESS RESTRICTION

Access to parts of the Program may be restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.

 

Parts of the Program incorporate security technology, but even if there is security technology in place, we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted as a part of the Program.

 

The documents and files used in the Program are confidential. You must not distribute the documents and files to persons unauthorized to read them. If you believe that you may have been granted access to a document or file by mistake, you must not download it, copy it, use it for any purpose, or disclose its contents to any other person.

 

DISCLAIMERS

The Program and the materials are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information, materials, software, products, and services included in or available on or through the Program for any purpose.

 

The information and materials in this Program and any communications sent to you as a part of this Program or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. ANY RELIANCE ON THE INFORMATION OR MATERIAL FROM THIS PROGRAM IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE PROGRAM SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, CAREER, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

PLEASE NOTE THAT ARCTOS360 DOES NOT GUARANTEE RESULTS. IT IS ALSO NOT A REPLACEMENT FOR HEALTH/MEDICAL CARE. IF YOU REQUIRE HEALTH, MEDICAL, PSYCHIATRIC, AND/OR PSYCHOLOGICAL CARE, YOU ARE ADVISED TO RETAIN THE SERVICES OF A LICENSED MEDICAL PROFESSIONAL.

 

The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Program or the use thereof.

To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.

 

To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.

 

You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

 

To participate in any Arctos360 service, you agree to maintain a respectful attitude for your peers, coaches and instructor. Failure to do so may result in immediate removal without prior notice. This includes the use of derogatory or explicit language, harassing, aggressive or argumentative behavior, disrespect toward your peers, your instructors, or any member of Arctos360.

 

LIMITATION OF LIABILITY

Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall the Company, any of the Company’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering, or managing the content of this site (collectively, the “Program Providers”), be liable to you or any third party for any claims whatsoever, including, without limitation, direct, indirect, special, incidental, punitive, or consequential damages (including, without limitation, any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Program, any communications sent to you via this Program or otherwise from the Company (including, without limitation, in the form of electronic mail or via telephone), or information available from this Program including, without limitation, any damages suffered as a result of errors, omissions, inaccuracies, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications you send us, or for any information, software, products, services and related graphics obtained through the program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Program Providers has been advised of the possibility of damages. Without limiting the foregoing, the Program Providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this Program.

 

Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and, as a result, the above limitation may not apply to you. If you are dissatisfied with any portion of the Program, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Program.

 

You also agree that we are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information, related to or resulting from use of the Program or any sites, services, or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim, or damage relating to or resulting from any part of the Program operating or not operating on computers or networks used by you or communicating with such computers or networks.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company; its affiliates, licensees and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third-party service providers of the Program (“Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties, or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms or the services provided to you as part of the Program or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of Indemnified Parties (except as and to the extent prohibited by applicable law) including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. Without limiting the foregoing, if you cause a technical disruption of the Program or the systems transmitting the Program to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

 

In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

 

CONFIDENTIALITY

The Artcos360 programs may include the exchange of personal and professional information between participants. You are entirely responsible for deciding how much of your personal information you wish to share in the Program. By taking part in the Program, you agree to keep information of other members confidential. The Company will not share, sell, or rent the personal information of its members to third-party businesses; however, we cannot guarantee the confidentiality of any of the information you choose to share in the Program. Please review our Privacy Policy to learn how we manage personal information.

 

All Arctos360 materials, coaching, coaching calls, recordings, instructor calls and call recordings, transcripts, as well as the personal information of individuals are to be kept confidential. These materials and information may not be duplicated, shared, posted on social media or utilized in any way.

 

RIGHT TO REFUSE OR TERMINATE ACCESS

We reserve the right in our sole discretion to refuse or terminate your access to our programs and services, and/or our program materials, website, e-mail communications, or any other method of communications related to our programs and services at any time without notice.

Should you or we wish to terminate your access to our programs or services, these termination terms will apply to you as well, even after termination by either of us.

 

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Arctos360 Products, Services or our website, e-mail, or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on you including, but not limited to all of the disclaimers, limitations of liabilities, and rights set forth in these Terms of Use, shall survive such termination of your access and apply in full force.

 

PAYMENT

If paying by credit/debit card, you give Arctos360 permission and authorization to automatically charge your credit or debit card as payment for services for which you will receive an electronic receipt. If applicable, you agree to pay the initial payment to secure your participation and give Arctos360 authorization to automatically charge your credit/debit card as specified for each program.

 

In the event that payment is not received by the date due, access to all Arctos360 programs and services will be discontinued. If you fail to make payment in a timely manner or voluntarily decide to withdraw from any Arctos360 program or services for any reason whatsoever, you still will remain fully responsible for the full cost of the product or service purchased.

When you purchase any product or service from Arctos360, the information provided and obtained as part of the transaction, such as your credit card number and contact information, will be collected by a third-party merchant. We have no responsibility or liability for the merchant’s independent policies.

 

You agree to be financially responsible for all purchases you make. You agree to purchase and use our programs and services for legitimate purposes only in compliance with these Terms of Use. You also agree not to make any purchases for speculative, false, or fraudulent purposes. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase of any of our products and services.

 

You agree to only purchase Arctos360 programs and services for yourself or for another person for whom you are legally permitted to do so.

 

REFUND POLICY

Your satisfaction with your Arctos360 programs and services is of utmost importance to the Company. However, once you have made a purchase there are no refunds because we have granted you instant access to content and services. You understand and acknowledge that, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our programs and services, we are unable to honor any requests for a refund of any portion of your payment.

 

DISPUTE RESOLUTION

It is hoped that should you and the Company ever have any differences, we will be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Minnesota, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to Arctos360 via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of any Payment(s) made by you, up to the date of the award. You agree that no award of consequential or of any other damages may be granted to you and you agree not to seek the same.

 

By signing up for/enrolling in/purchasing any of our programs and services you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Washington County, Minnesota, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

 

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our programs or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

 

AVAILABILITY OF PRODUCTS OUTSIDE THE UNITED STATES

The products and/or services described in and available through the Program may not be available in your country. We make no representation that the services or products offered in the Program are appropriate or available for use in any particular location. Those who choose to access the Program do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Program and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Program and must exit immediately. Your viewing and/or use of the Program constitutes your representation that you are unconditionally and without limitation permitted to view and use the Program and the Indemnified the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”) Parties may rely upon such representation.

 

The Program is operated from the United States, and it is possible that some software from the Program or the products and services offered as a part of the Program may be subject to United States export controls. Products and services described in the Program and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download, or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. Downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

 

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Minnesota, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Washington County, Minnesota.

 

Use of the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

 

COPYRIGHT

All Company trademarks that appear on the Program are the exclusive property of the Company. The trademarks, trade names, trade dress, logos, and associated products and services represented on this Site are protected under the laws of the United States and international law and their display on this Program does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of the Company or the relevant trademark owner is strictly prohibited.

 

Any third-party trademarks mentioned on this Program which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Program does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction, or modification of the contents of this Program by any person may be a violation of federal, state or common law trademark, and/or copyright laws and could subject such person to legal action. For purposes of these Terms, the use of any such material on any other Web, internet, intranet, extranet, or other site or computer environment is prohibited. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent.

 

Nothing contained on the Program should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the permission of such third party that may own the Trademarks displayed in the Program.

 

COPYRIGHT REQUESTS

For any questions or requests, please contact us at contact@arctos360.com.  

 

HYPERLINKS TO THE SITE

If you are interested in creating hypertext links to our website, you must obtain the Company’s written permission before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of this Program or the Company, including its respective employees, agents, directors, officers, and shareholders.

 

ELECTRONIC SIGNATURE

You represent and warrant that you have the legal right, power, and authority to agree to the Terms on behalf of yourself and the member, buyer, or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that these Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer, or supplier on whose behalf you are acting.

 

GENERAL TERMS

The following general terms apply to you and your use of the Program:

 

JOINT VENTURE

You agree that no partnership, employment, joint venture, or agency relationship exists between you and us as a result of these Terms or use of the Program.

 

EXISTING LAWS

These Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Program or information provided to or gathered by us with respect to such use.

 

SEVERABILITY

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

AMENDMENT

You may not modify or amend this Agreement, in whole or in part without the prior written consent of an authorized representative of the Company. Additionally, the Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Program, or any content, programs, or materials provided throughout the Program, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.

 

ENTIRE AGREEMENT

Unless otherwise specified herein or agreed to by the user, these Terms of Use constitute the entire agreement between the user and the Company with respect to the Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No representations or statements of any kind made by any affiliate of the Company, which are not included in this Agreement, shall be binding on the Company or its affiliates.

 

WAIVER

No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

 

MISCELLANEOUS

This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content, or third-party software on or through a link provided.

 

ASSIGNMENT

The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

How to Contact Us

If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at:

Arctos360, LLC

PO Box 25003

7595 Currell Blvd.

Woodbury, MN 55125

Email: contact@arctos360.com