1. BACKGROUND. ARCAT operates a Website that includes manufacturer specifications for use in word-processing format. ARCAT has also developed a web-based program, SpecWizard, which operates on the Website that assists a User in writing project Specifications. The word processing Specifications and Specifications generated by SpecWizard are for Users' building needs, e.g. construction, architectural and other such businesses, by facilitating the location, selection, and specification of suitable third party products.
ARCAT also creates BIM object/systems for manufacturers and hosts them on the Website. ARCAT also hosts CAD Details from manufacturers on the Website and they are used in construction project drawings and BIM models.
The entire title, ownership rights and all intellectual property rights in and to Website and the "Products", including without limitation, all images, html and text, remains with ARCAT. This Agreement is not a sale and nothing contained herein will be deemed to grant User any right, title or interest in, or to, the intellectual property rights in the Website and "Products". All materials contained on, or accessable from, the Website, including without limitation, the Products, are the copyrighted property of ARCAT.
User is permitted to view and download material from Website as long as the use of such material does not compete with ARCAT or misrepresent ARCAT's connection to the material. User is granted permission to access Website and is permitted to use these "Products" only for the limited purpose of preparing construction specification, drawing and BIM documents as authorized in this Agreement. User is shall not reproduce, adapt, distribute, display or publish "Products" without ARCAT's explicit permission. User shall not use Website and/or "Products" to create or provide content for third parties or that can be linked to or framed by other websites in any way.
ARCAT reserves the right to terminate this Agreement at any time. Permission to use this Website and/or "Products" will terminate immediately if User breaches any of the terms of this Agreement. Upon termination, User must discontinue all use of Website and/or Specification.
5. LEGAL DISCLAIMER
AS A CONDITION FOR BEING ALLOWED TO USE AND ACCESS THIS WEBSITE, USERS ARE HEREBY SPECIFICALLY AGREEING TO ACCEPT AND ABIDE BY THE FOLLOWING LEGAL DISCLAIMER. IF YOU HAVE ANY QUESTIONS REGARDING THIS LEGAL DISCLAIMER, PLEASE CONTACT Rick Jannott at firstname.lastname@example.org BEFORE CONTINUING YOUR USE OF THIS WEBSITE.
(A) DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OF IMPLIED. ARCAT DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER ARCAT, ANY OF OUR AFFILIATES, OR ANY OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER'S SOLE RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER ARCAT, ANY OF OUR AFFILIATES, NOR ANY OR OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. All specifications represent the applicable information available at the time of its publication. Individual manufacturers reserve the right to change their information from that which is used on this website at any time without any notice to users. Latest updates regarding changes or modifications to individual specifications may be obtained by contacting the manufacturer and/or its website. Neither ARCAT nor its affiliates, respective licensors, licensees, or service providers make any representations regarding the use of the results of the products, offerings, content and material in this website in terms of correctness, accuracy, reliability or otherwise. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY USER FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
(B) EXCLUSION OF DAMAGES AND RELEASE FROM LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCAT OR ITS AFFILIATES BE LIABLE FOR ANY TYPE OF DAMAGES, SUCH AS SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, THAT MAY BE SUSTAINED BY USER OR BY ANY OTHER THIRD PARTY ARISING FROM OR RELATED TO USER ACCESS TO THIS WEBSITE AND/OR USER USE OF THE "PRODUCTS", EVEN IF ARCAT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BY USING THIS WEBSITE USER HEREBY, ON BEHALF OF USER AND USER HEIRS AND REPRESENTATIVES, SPECIFICALLY RELEASE ARCAT, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR ANY OF THESE DAMAGES THAT YOU MAY SUSTAIN.
6. LIMITATIONS OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ARCAT AND ITS AFFILIATES UNDER ANY PROVISION OF THIS AGREEMENT AND USER'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. GOVERNING LAW.
This Agreement is governed and shall be construed in accordance with the internal laws of the State of Connecticut, and any action arising out of or in any way connected with this Agreement shall be brought only in Federal or State Court in Connecticut.
8. Acceptance of Terms
By using and visiting the www.ARCAT.com website, user is confirming the acceptance and willingness to abide by all of the terms of this Agreement and any amendments hereto. If user does not accept any of the terms of this Agreement, as amended from time to time, then please discontinue the user use of this website. The terms of this Agreement may be amended by ARCAT from time to time, so please review this Agreement periodically to confirm the user acceptance of the most recent version.