Terms and Conditions
OWNERSHIP OF THE WEBSITE AND ACCESS LICENSE
You understand and agree that Argos owns, or, as applicable, has been licensed by third parties to use, all right, title, and interest in and to the Website, and all information, text, data, computer code, artwork, databases, graphics, images, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.
You acknowledge that the Website is proprietary to Argos and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the Website by accessing and using the Website. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
USE OF THE WEBSITE
Argos reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Website, or any portion thereof, for any reason; (ii) modify or change the Website, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Website; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Argos to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Argos representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any other party for any products or services if you are not expressly authorized by such party to do so;
- Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related networks or systems;
- Transmit files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer or property of another, or transmit any material that you do not have a right to transmit;
- Use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any Content or information thereon;
- Use any logo or trademark of Argos as a hyperlink “button”, or in any other manner, without Argos’s express written consent;
- Cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to Argos or any affiliated or associated entity; or otherwise implying or stating that any type of relationship or special arrangements exist with Argos and any other entity; or
- Violate any applicable local, state, national or international law.
You consent to receive communications from us electronically. We will communicate with you by e-mail at the address you may supply to us, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant to Argos as follows as of each date you access the Website:
- You are an individual resident of the Unite States, and are 18 years of age or older;
- If you are accessing this Website on behalf of a company or another third party, you have all requisite power and authority to act on behalf of such company or third party;
- All information you supply to us through the Website will be correct and complete in all material respects, and disclosure of such information to us has been properly authorized at the time of such disclosure (and such authorization has not been revoked during the Term); you shall immediately update such information on an as-needed basis to ensure that it remains correct and complete during the Term;
- You shall not use the Website for any unauthorized purpose;
You acknowledge and agree that your use of the Website is at your own risk.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
ARGOS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT IT, IT IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ARGOS PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE WEBSITE WITHOUT NOTICE. FURTHER, ARGOS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. ARGOS SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE WEBSITE.
LIMITATION OF LIABILITY
For California Residents: You waive California Civil Code Section 1542, which provides that “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
For Residents of Other Jurisdictions: If you are a resident of a jurisdiction other than California, you waive any statute or doctrine comparable to California Civil Code Section 1542 to the fullest extent permitted by law.
The Website could include technical inaccuracies or typographical errors. Argos shall have no liability in connection with any such inaccuracies or errors, nor shall Argos have any obligation to identify and/or correct any such inaccuracies or errors.
DISCLAIMER OF THIRD PARTY INFORMATION
Argos has no control over any information, material, or functionality on the Website that is provided by third parties (“Third Party Materials”). Argos does not represent the accuracy or reliability of any information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Argos.
GOVERNING LAW/JURISDICTION/VENUE/CLAIMS LIMITATION