Acceptance of Terms
This web site (the "Site") contains certain information, documents, software and products (collectively, the "Materials") and various services (the "Services"). ArchVision, Inc. ("ArchVision") provides you access to use such Materials and Services subject to the terms and conditions set forth in this document (the "Terms of Use"), which ArchVision may revise at any time and at its sole discretion. By browsing or using this Site, you, and the entity, if any, you represent, agree to be bound by the Terms of Use, and any revisions thereto. You should periodically visit this page to determine the then current Terms of Use to which you are bound. If you do not agree to these Terms of Use, do not use this Site.
Copyright Notice/Use Restrictions
The Materials and Services provided on this Site, as well as the arrangement of the content on the Site, are protected by law, including, but not limited to, copyright law and/or other intellectual property laws. Except as expressly authorized herein and/or by ArchVision or the copyright owner, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. In addition, the Materials or Services contained on this Site may not be "mirrored" on any other server without ArchVision's written permission. Further in accessing and using the Site, you agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
Use of Software
The software, and accompanying documentation, if any, made available for download from this Site are the copyrighted works of ArchVision and/or its vendors. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You may not download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such. If you do not agree to such terms do not download and install the software.
Use of Other Site Materials
You may display, copy, distribute and download the Materials on this Site (other than the Software and accompanying documentation and other than the design and layout of the Site) only for personal, non-commercial use, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in such Materials.
The rights granted to you above constitute a license not a transfer of title. These rights terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.
Trademarks
The trademarks, service marks, logos, and trade dress (the "Trademarks') used and displayed on this Site are registered and unregistered Trademarks of ArchVision and others. Nothing on this Site grants, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the express written permission of the Trademark owner. The name of ArchVision or the ArchVision logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this Site, without prior, written permission. ArchVision prohibits use of the ArchVision logo as a "hot" link to any ArchVision site unless establishment of such a link is approved in advance by ArchVision in writing.
A partial list of U.S. Trademarks owned by ArchVision follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of ArchVision should be referred to ArchVision at 137 West Vine Street, Lexington, Kentucky 40507, 859-252-3118.
ArchVision®
RPC™
smartcontent™
realpeople™
realtrees™
Your Transmissions
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary. By posting such material, information or ideas to the Site, you (i) grant to ArchVision and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute or create derivative works of such materials or information; (ii) agree that ArchVision is free to use any ideas, concepts, know-how or techniques that you send us for any purpose and (iii) warrant and represent that you own or otherwise control all of the rights to the materials, information and ideas and that public posting, use and distribution of such by ArchVision will not infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ArchVision respects the intellectual property rights of others, including rights provided by the copyright laws of the United States and other nations. You may not store material of any type or in any format on, or disseminate such material over, ArchVision's systems or servers in any manner that infringes third party intellectual property rights. In accordance with the Digital Millennium Copyright Act and other applicable law, it is the policy of ArchVision to terminate, in appropriate circumstances, access and/or service provided to any user that infringes third party intellectual property rights, including repeat infringers.
Pursuant to 17 U.S.C. § 512(c)(2), all notifications of claimed copyright infringement on the Company's systems or Web site should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying ArchVision, Inc., that you allege an infringement of your copyright.
Under federal law, you may be subject to civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties may include court costs and monetary damages, as well as attorneys' fees. Such attorneys' fees include those incurred by parties who are injured as a result of ArchVision's relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner's licensee, or (c) ArchVision.
You must provide notice, in writing, to the following Designated Agent:
Randall Stevens
ArchVision, Inc.
137 West Vine Street
Lexington, Kentucky 40507
USA
telephone: 859.252.3118 ext. 104
facsimile: 859.381.1108
email: rstevens@archvision.com
Pursuant to 17 U.S.C. § 512(c)(3)(A), your notification of claimed infringement should include the following:
1. The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of a website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
4. A clear description of where the infringing material is located on our website, including its URL, so that we can locate the material;
5. Your address, telephone number, and e-mail address;
6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Use and Protection of Your Account Number and Password
You are responsible for maintaining the confidentiality of your account number and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Disclaimers and Limitations of Warranties
Information on this Site may contain technical inaccuracies or typographical errors. The Materials or Services contained within this Site, including the prices and descriptions of products, may be changed, updated or discontinued at any time without notice.
This Site is controlled and operated by ArchVision from its offices within the United States. ArchVision makes no representation that Materials or Services provided through this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Except as expressly provided otherwise in a written agreement (including licenses downloaded with Software) between you and ArchVision, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND AND ARCHVISION, ALONG WITH ITS VENDORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ARCHVISION DOES NOT WARRANT OR MAKE ANY RESPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR SERVICES ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you; however to the extent permissible, any implied warranties are limited to ninety (90) days.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ARCHVISION OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, OR FOR ANY USE OF THIS SITE, EVEN IF ARCHVISION OR AN ARCHVISION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY MATERIALS OR SERVICES FROM THIS SITE, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Termination of Access
We reserve the right to deny access to the Site to any person or entity whom we have reasonable grounds to believe may be using the Site for an unlawful or unauthorized purpose or in a manner that may harm us.
