ARCOM Website Terms of Use

ARCOM Website Terms of Use


Architectural Computer Services, Inc. (“ARCOM”, “we” or “us”) welcomes you to the website located at www.arcomnet.com (“the ARCOM Site”). ARCOM provides the ARCOM Site subject to these Terms of Use (the “Terms of Use”), which constitute a binding contract between you and ARCOM and govern your use of the ARCOM Site.  If you are using the ARCOM Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms of Use on your employer's behalf, and that your employer agrees to indemnify you and ARCOM for violations of these Terms of Use.  In addition to the Terms of Use and unless otherwise noted, the standard ARCOM terms and conditions of sale in your jurisdiction govern purchases you make through the ARCOM Site.  The Internet is an evolving medium; we may change the terms of these Terms of Use from time to time.  By continuing to use the ARCOM Site after we post any such changes, you accept these Terms of Use as modified.

We reserve the right to deny access to the ARCOM Site to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the ARCOM Site, or infringes the rights of others.

PRIVACY.  Please take a moment to review our privacy policy to understand how the ARCOM Site collects, uses, discloses and protects your information. 

INTELLECTUAL PROPERTY RIGHTS

The materials provided on the ARCOM Site, including but not limited to information, documents, articles, images, trademarks, trade names, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“ARCOM Site Content”) are provided either by ARCOM or by its licensors or service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. ARCOM grants you a non-exclusive, revocable, limited license to view and use the ARCOM Site, the ARCOM Site Content and those services offered via the ARCOM Site for the purposes set forth herein.

Permission from ARCOM must be obtained before any the ARCOM Site Content or any services offered through the ARCOM Site are copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.   Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice:  “© 2010 by Architectural Computer Services, Inc.  Reprinted with permission from Architectural Computer Services, Inc. (DATE).” For our records, we request that you provide us with a copy of the material in which our information is used.  

All ARCOM Site Content is the exclusive property of ARCOM, its affiliates, licensors or service providers and is protected by copyright, trademark and other intellectual property laws, regulations and standards.  You may not reproduce, modify, distribute or publicly display the ARCOM Site or the ARCOM Site Content, in whole or in part, except as is expressly authorized by these Terms of Use or a separate ARCOM license agreement.  You may not use or reproduce any trademark, trade name or service mark appearing on the ARCOM Site without the prior written consent ARCOM.

ARCOM makes available and/or may make available to you for download via the ARCOM Site sample MasterSpec® sections and demonstration versions of ancillary software programs (“SpecWare®”) used in conjunction with MasterSpec® (collectively, the “Sample Content”).  The Sample Content is made available to you pursuant to a limited, revocable, non-transferable, non-assignable, non-sublicenseable, internal use license pursuant to which you are entitled to use the Sample Content for internal evaluation of MasterSpec® and SpecWare® and internal reference purposes only.  You are expressly prohibited from making commercial use of the Sample Content.  Without limiting the foregoing, the Sample Content is subject to the restrictions set forth in these Terms of Use, including those restrictions prohibiting the reproduction, resale, redistribution, transmission and publication of the ARCOM Site Content. 

Links to The ARCOM Site.  ARCOM welcomes links to the ARCOM Site.  You are free to establish a hypertext link to the home page of the ARCOM Site so long as (a) the link does not state or imply any sponsorship of your site by ARCOM; and (b) you do not link to any page within the ARCOM Site beyond the home page or first page without first obtaining ARCOM’s prior written consent.

No Framing.  Without ARCOM’s prior written permission, you may not frame or in-line link any of the ARCOM Site Content or any services offered through the ARCOM Site, or incorporate into any other website or other service any of the intellectual property of the ARCOM Site, ARCOM, its licensors or its service providers.

COPYRIGHT INFRINGEMENT

Notice and Takedown Request

ARCOM respects others’ intellectual property rights; however, the ARCOM Site contains information that may be provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on the ARCOM Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to ARCOM’s Copyright Agent at erik.gustafson@leclairryan.com (via electronic mail) or C. Erik Gustafson, Attorney at Law, LeClair Ryan, 2318 Mill Road, Suite 1100, Alexandria, VA 22314 (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the ARCOM Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notice

If you believe that any content that you previously submitted to the ARCOM Site that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to ARCOM’s Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include:  (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the ARCOM Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by ARCOM’s Copyright Agent, ARCOM may send a copy of the counter-notice to the original complaining party informing that person that ARCOM may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ARCOM’s sole discretion.

NO UNLAWFUL OR PROHIBITED USE

Without limiting the foregoing, while using the ARCOM Site, you may not:

  • restrict or inhibit any other user from using or viewing the ARCOM Site;
  • use the ARCOM Site for the benefit of any third party;
  • disassemble, decode, decompile or otherwise reverse engineer the ARCOM Site or any services or software offered through the ARCOM Site;
  • use any data mining, robot, spider, scraper, or other automated means to access the ARCOM Site, any services offered through the ARCOM Site or the ARCOM Site Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
  • take any action that would impede or interfere with the operation of the ARCOM Site, any services offered through the ARCOM Site or the ARCOM Site Content;
  • transmit to the ARCOM Site any information or software that contains a virus, Trojan horse, worm, or other harmful component;
  • upload, post, e-mail or transmit any content that is unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
  • impersonate any person or entity, attempt to hide the origin of any information you submit to the ARCOM Site or falsely state or otherwise misrepresent your affiliation with another entity;
  • upload, post, email or transmit any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
  • collect, publish or store personal data about other visitors;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the ARCOM Site; or
  • Circumvent, disable or otherwise interfere with security-related features of the ARCOM Site, including without limitations, any features that limit access to or enforce privacy settings applicable to the profiles of the ARCOM Site users.
INFORMATION SUBMITTED BY YOU

You agree to abide by the restrictions set forth above with respect to your submission of any content or information to the ARCOM Site.  You are solely responsible for the content and information you upload to the ARCOM Site.  ARCOM is not under any obligation to monitor the information residing on or transmitted to the ARCOM Site, but if it should choose to do so, any party posting information to the ARCOM Site agrees that ARCOM may modify or delete any information residing on or transmitted to the ARCOM Site that, in its sole discretion, it believes violates these Terms of Use. The use, display, distribution or publication of any materials posted by third parties on the ARCOM Site does not constitute or imply an endorsement of such materials or their contents by ARCOM and ARCOM expressly disclaims all responsibility for such materials.

Any party posting information represents that he or she is the sole owner of all rights in such materials, including copyrights, or otherwise has all necessary rights to use and license the use of such materials. The posting party agrees that ARCOM may use in any manner and without limitation all such posted materials, that all such materials will become a part of ARCOM database, and ARCOM will own all content that it creates based upon or incorporating such material. By submitting any materials (including, but not limited to, any text, photos, video or other content) to the ARCOM Site including, without limitation, by making blog or forum posts, submitting comments or otherwise using any other feature of the ARCOM Site that permits users to post information or content, you grant ARCOM and anyone authorized by ARCOM a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner and for any purpose that ARCOM chooses. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to the ARCOM Site, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world.  Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms that ARCOM determines are appropriate to any third party without the requirement of providing you any form of compensation. You also agree that ARCOM may identify you as the author of any of your postings by name, email address or user name. ARCOM also reserves the right, in its sole discretion, (but assumes no obligation) to delete, move, or edit any postings that come to ARCOM’s attention that ARCOM considers unacceptable or inappropriate, whether for legal or other reasons.  You understand that the technical processing and transmission of the ARCOM Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.

NO ENDORSEMENT

The ARCOM Site may contain links to third-party websites which are not under the control of ARCOM. ARCOM is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. ARCOM is providing these links to you only as a convenience, and the inclusion of any link does not imply that ARCOM endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy.

Further, ARCOM cannot and does not review every posting made in the ARCOM blog or forum (including comments to blog or forum postings) or other forums and areas available for public postings within the ARCOM Site. These postings include information and opinions from a variety of individuals and organizations other than ARCOM.   ARCOM does not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of the ARCOM staff.

INDEMNIFICATION 

You shall indemnify, defend and hold harmless ARCOM, its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees and costs) arising out of or relating to your acts or omissions related to your use of the ARCOM Site, or any violation by you of these Terms of Use or any applicable law or third party rights.  This Section shall survive the termination or expiration of these Terms of Use.

DISCLAIMER 

THE ARCOM SITE AND ALL THE ARCOM SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE ARCOM SITE, THE SERVICES AVAILABLE THROUGH THE ARCOM SITE AND THE ARCOM SITE CONTENT IS AT YOUR SOLE RISK. ARCOM, ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ARCOM SITE OR ANY SERVICES OFFERED THROUGH THE ARCOM SITE INCLUDING, WITHOUT LIMITATION, THAT THE ARCOM SITE OR SUCH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE.  ARCOM DOES NOT WARRANT THAT THE ARCOM SITE CONTENT WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE.  PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED THROUGH THE ARCOM SITE OR ANY SERVICES OFFERED THROUGH THE ARCOM SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE AGREEMENT.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ARCOM DISCLAIMS ON BEHALF OF ITSELF AS WELL AS ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  
LIMITATION ON LIABILITY 

IN NO EVENT SHALL ARCOM, ITS AFFILIATES, LICENSORS, PARTNERS OR ITS SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE ARCOM SITE OR THE ARCOM SITE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY.   YOU AGREE THAT ARCOM’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE ARCOM SITE OR ANY OF THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED $100.00.

SPECIAL JURISDICTIONAL ISSUES

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

GOVERNING LAW; LOCATION OF LAWSUITS   

These Terms of Use shall be governed and construed by the laws of the State of Utah, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the ARCOM Site, you are transacting business in the State of Utah and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the ARCOM Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of Utah, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year. 

OTHER TERMS

These Terms of Use constitute the entire agreement between you and ARCOM in connection with the subject matter hereof. The waiver or any modifications of any provision of these Terms of Use or any right, power or remedy hereunder shall not be effective unless made in writing and signed by ARCOM.  No failure or delay by ARCOM in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. ARCOM shall have no liability whatever for delays or interruptions in delivery or accessibility of any portion of the ARCOM Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond ARCOM’s reasonable control.

MODIFICATIONS TO THE ARCOM SITE

ARCOM reserves the right, for any reason and without notice, in its sole discretion, to change, modify, add, suspend, remove, discontinue or terminate access, in whole or in part, to the ARCOM Site or any aspects of the ARCOM Site at any time. ARCOM further reserves the right to impose registration, password and other securities precautions on access to certain portions of the ARCOM Site at any time.