Terms and Conditions of Use.
Access to Password-Protected Areas.
Access to certain portions of this Site (“Password-Protected Areas”) requires login and password information. If you desire to access the Password-Protected Areas, you must agree to certain additional terms and conditions applicable to such areas.
Except to the extent expressly permitted under the U.S. Copyright Act of 1976, as amended, you agree that you will not, and will not cause or permit another individual to:
• Copy, use or download Content except to the extent permitted by the features of the Site;
• Reproduce and/or distribute Content except for your personal non-commercial use only provided that no changes or deletions are made to the Content, author attributions or proprietary notices in the Content;
• Decompile, reverse engineer, disassemble or otherwise reduce the Content to a machine or human readable form; or
• Reproduce the Content in any other medium or on any other server or location for further reproduction or redistribution.
You must not use the Site to interfere with or disrupt the proper operation of the Site in any manner that may adversely affect ArrowStream or any third parties, including using the Site to do any of the following prohibited actions:
• Harm minors in any way;
• Engage in excessive use of the Site which impairs the fair use of others;
• Use the Site for any purpose or in any matter that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
• Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
• Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
• Impersonate another person or entity, including without limitation a representative of ArrowStream, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Site; or
• Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
Violations of system or network security may result in civil or criminal liability. ArrowStream reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
You further agree:
• To notify the Site Help Desk promptly if you suspect unauthorized use of the Site;
• That you are responsible for the results obtained, and conclusions drawn, from your use of the Site;
• To comply with all applicable laws, regulations, or conventions in using the Site, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct; and
• That you are not a specifically designated individual or entity under any U.S. (or other) embargo or otherwise the subject, either directly or indirectly, of any order issued by any agency of the U.S. Government (or any other government) limiting, barring, revoking or denying, in whole or in part, your export privileges and that you will notify ArrowStream immediately in the event that you become subject to any such order.
Disclaimer of Warranties.
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARROWSTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARROWSTREAM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER USER OF THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ARROWSTREAM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
Exclusions and Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARROWSTREAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL ARROWSTREAM’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement, sponsorship or affiliation by ArrowStream with respect to the provider of such linked site or the linked site. ARROWSTREAM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
Governing Law, Venue and Arbitration.
Unless you and ArrowStream agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for $10,000 or less, ArrowStream agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the
You may contact ArrowStream at firstname.lastname@example.org.