Terms and Conditions
The Debt Logistics™ Web Site (hereinto referred to as "the Site") is an online source of information and is a service offered by ARC Systems® for your personal use, subject to your agreement to the Terms & Conditions set forth below.
Please note that ARC Systems is not a credit repair organization or similarly regulated organization governed by the Federal Credit Repair Organizations Act or similar state laws. ARC Systems does not provide so-called "credit repair" services or advice or give advice or assistance regarding "cleaning up" or "improving" your credit record, credit history, or credit rating.
Please read the following Terms & Conditions carefully
before using the Site, including but not limited to the arbitration
clause (section 6 below). If you do not agree with any of the
Terms and Conditions of use, please do not use the Site. By accessing
or using this Site, you agree to be bound by these Terms & Conditions.
ARC Systems reserves the right to change these Terms & Conditions
at any time, and by continuing to use the Site after we post a change,
you will be deemed to have accepted the new Terms & Conditions. Therefore,
you should check these Terms & Conditions for updates from time to
time.
1. Authority
You represent, warrant and covenant that: (i) you have the power
and authority to enter into this agreement; and (ii) you are at least
eighteen (18) years old.
2. Restrictions on Use
YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY
MANNER INCONSISTENT WITH THE TERMS & CONDITIONS. YOU AGREE TO USE
THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT
FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT
OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE,
OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER THAT
COULD COMPETE WITH THE BUSINESS OF ARC SYSTEMS OR ANY OF ITS SUPPLIERS.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE
SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR
MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED
THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. YOU MAY NOT
RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED
IN THE SERVICE WITHOUT ARC SYSTEMS' PRIOR WRITTEN CONSENT. MODIFICATION
OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF ARC SYSTEMS’ COPYRIGHT
AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART
OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM, INCLUDING
BUT NOT LIMITED TO, OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER
NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN
CONSENT OF ARC SYSTEMS. THE SERVICE AND THE INFORMATION CONTAINED THEREIN
MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE
BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY
YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING
ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO
IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD
PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF ARC SYSTEMS’ TRADEMARKS,
TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES
THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR,
EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH ARC SYSTEMS’
CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND
TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION
CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT
USE ANY OF ARC SYSTEMS’ TRADEMARKS, TRADE NAMES, SERVICE MARKS,
COPYRIGHTS, OR LOGOS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL
NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE
SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS
OF SERVICE SET FORTH ON THE SERVICE.
3. Disclaimer of Warranties and Liability
This Site is for informational purposes only, and is intended
to provide helpful and informative material on the subjects addressed.
ARC Systems does not provide legal, accounting, investment, financial,
or any other kind of professional advice or services. To make sure that
information or suggestions on this site fit your particular circumstances,
you should consult with an appropriate professional before taking action
based on any suggestions or information on this site. ARC Systems does
not control the content of your credit reports, which are based on your
past or historical credit behavior, and we cannot change that information
for you. If information in your report is inaccurate, you have the right
to dispute it by contacting the credit bureau(s).
Information and products offered by ARC Systems and others through the
Site are provided "as is" and without any express or implied
warranty or representation of any kind, including warranties of merchantability,
fitness for a particular purpose, or non-infringement. ARC Systems makes
no representation concerning, nor does it warrant or guaranty the correctness,
comprehensiveness, completeness, accuracy, timeliness, merchantability,
or fitness for any particular use or purpose of any information, products,
or services offered by ARC Systems and others through this Site. In no
event will ARC Systems be liable to any party for any damages of any kind,
including but not limited to, direct, indirect, special or consequential
damages, for any use of this Site or any linked site including, without
limitation, lost profits, loss of use, business interruption, loss of
programs or other data, or failure to achieve any particular result, whether
in an action based on contract, negligence, other tort, or strict liability,
even if ARC Systems is expressly advised of the possibility of those types
of damages. Some jurisdictions do not allow the exclusion or limitation
of warranties or damages in certain types of agreements, so the above
exclusions or limitations may not apply to you.
4. Legal Disclaimer
The official ARC Systems/Debt Logistics website and all pages
linked to it or from it, are PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. ARC SYSTEMS/DEBT LOGISTICS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO ANY INFORMATION OR USE OF INFORMATION
CONTAINED IN THE WEBSITE, OR LINKED FROM IT OR TO IT.
ARC Systems/Debt Logistics does not warrant or guarantee the accuracy,
adequacy, quality, currentness, completeness, or suitability of any information
for any purpose; that any information will be free of infection from viruses,
worms, Trojan horses or other destructive contamination; that the information
presented will not be objectionable to some individuals or that this service
will remain uninterrupted.
5. No Liability
ARC Systems/Debt Logistics, its agents or employees shall not
be held liable to anyone for any errors, omissions or inaccuracies under
any circumstances. The entire risk for utilizing the information contained
on this site or linked to this site rests solely with the users of this
site.
6. Resolution of Claims and Disputes
The Site is controlled and operated by ARC Systems in Austin,
Texas. This Agreement will be governed by, construed and enforced in accordance
with the laws of the State of Texas, as it is applied to agreements entered
into and to be performed entirely within that State.
We will work in good faith to resolve any issue you have with our products
or the Site if you bring that issue to the attention of our customer support
department. However, we realize that there may be rare cases where we
may not be able to resolve an issue to a customer's satisfaction. YOU
AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY
TO YOUR USE OF THE SITE MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION.
The only exception would be if you have violated or threatened
to violate the intellectual property rights of ARC Systems or any third
party, in which case ARC Systems or that third party may go to court to
seek an injunction or other appropriate relief. Unless a different procedure
is required by applicable law, the arbitration will be conducted before
a single arbitrator in accordance with the rules of the American Arbitration
Association ("AAA"), including the AAA's Supplementary Procedures
for Consumer-Related Disputes (see http://www.adr.org/sp.asp?id=22014#SUPP).
Unless a different result is required by applicable law, no claims of
any other parties may be joined or otherwise combined in the arbitration
proceeding. In other words, YOU AGREE THAT YOU WILL NOT BE ALLOWED
TO FILE A CLASS ACTION OF ANY KIND OF JOINT ARBITRATION. Unless
otherwise expressly required by applicable law, each party is responsible
for its own attorneys' fees without regard to which party is deemed the
prevailing party in the arbitration proceeding. Except for punitive and
consequential damages (which the arbitrator is not authorized to award),
and subject to these Terms & Conditions, the arbitrator is authorized
to award either party any money damages or any provisional or equitable
remedy permitted by applicable law.
The award of the arbitrators may be enforced by the prevailing party in
any court having jurisdiction. Each party consents to the non-exclusive
jurisdiction of the courts of the State of Texas or to any Federal Court
located within the State of Texas for any action (i) to compel arbitration,
(ii) to enforce any award of the arbitrators, or (iii) at any time prior
to the qualification and appointment of the arbitrator, for temporary,
interim, or provisional equitable remedies.
If this arbitration agreement is held to be invalid or otherwise unenforceable
for any reason, it will be severed from these Terms & Conditions and
the parties agree that exclusive jurisdiction and venue for any claims
will be in State or Federal courts in Austin, Texas.
You agree that, even if a statute of limitations or other law provides
for a longer time period, any action against ARC Systems, its officers,
directors, employees, agents, licensors, suppliers and any third party
providers of information, products, or services relating to the Site or
any information, products, or services available on or from the Site must
be brought within 12 months after the event that gave rise to the cause
of action or it is forever barred.
BECAUSE YOUR USE OF THE SITE REQUIRES THAT YOU CONSENT TO ARBITRATION
OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR
CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS
ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S
DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD
HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT
TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE
FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE
OR FEDERAL COURT IN AUSTIN, TEXAS, AND AGREE THAT A JUDGE RATHER THAN
A JURY IS TO ADJUDICATE YOUR CLAIM.
7. Indemnification
You agree to indemnify, defend and hold harmless ARC Systems,
its officers, directors, employees, agents, licensors, suppliers and any
third party providers of information, or services to the Site from and
against all claims, losses imposed on, expenses, damages and costs, including
reasonable attorneys' fees, resulting from (a) your violation of these
Terms & Conditions or any User Agreement applicable to products you
have purchased; or (b) any third party actions related to the user’s
receipt and use of the information, whether authorized or unauthorized;
or (c) violation of the intellectual property rights of ARC Systems or
any of those other parties.
8. Miscellaneous
No waiver by ARC Systems of any breach of these Terms &
Conditions or of any User Agreement will constitute a waiver of any other
breach of the same or other provisions. Any waiver must be in writing.
If any provision in these Terms & Conditions is found by a court or
arbitrator to be invalid or unenforceable, the parties agree that the
court or arbitrator should give effect to these Terms & Conditions
to the extent possible, and the other provisions of these Terms &
Conditions will remain in full force.
ARC Systems is not responsible for delays or failure to perform due to
causes beyond its reasonable control. It is your responsibility to protect
your system from such items as viruses, worms, Trojan horses, and other
destructive items.
If we have not specifically granted you a right under these Terms &
Conditions or a User Agreement, that right is reserved to ARC Systems.
© 2007 ARC Systems® and Debt Logistics™ All Rights Reserved.
