ARCAT WEBSITE, SPECIFICATIONS, SPECWIZARD, BIM CONTENT AND CAD DETAILS TERMS OF USE AGREEMENT
Any User ("User") accessing the ARCAT.com website (the "Website"),
which is owned and operated by ARCAT, Inc. ("ARCAT") and/or using
any Specification, SpecWizard, BIM and CAD Detail Products
(collectively referred to herein as the "Products") by accessing
the Website shall hereby agree to the following ARCAT Website and
"Products" Terms of Use Agreement ("Agreement") as a condition for
being able to access the Website and use and access "the
Products":
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 drawings from
manufacturers on the Website and they are used in construction
project drawings and BIM models.
2. TITLE.
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.
3. GRANT.
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.
4. TERMINATION.
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
rick@arcat.com 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.