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Terms of Use 

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TRAINING LIBRARY, OR PARTICIPATING IN ANY OF THE LIVE ONLINE EVENTS. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE TRAINING LIBRARY) AND PARTICIPATING IN THE LIVE ONLINE EVENTS, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE OR PARTICIPATE IN THE LIVE ONLINE EVENTS.

BY USING THE LEARNVIRTUAL SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS ARCHVISTA, THE DEVELOPER OF LEARNVIRTUAL, MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE AND THE LIVE EVENTS WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

ARCHVISTA Inc. (hereinafter referred to as ARCHVISTA) makes this Website, including all information, documents, communications, files, text, graphics, software, and products available through the Site available for your use subject to the terms and conditions set forth in this document and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice. You are responsible for regularly reviewing these terms and conditions. Continued use of these sites following any such changes shall constitute your acceptance of such changes.

Definitions

“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site or via the Live Events.

“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.

“LearnVirtual” is a production of ARCHVISTA Inc. a California corporation.

“LearnVirtual Training” or “LVT” means the membership-based database of audio-visual works that is available through the Site and is part of the Site as well as the LearnVirtual Live Online Events held via the Internet.

“Single-User Member” refers to a Member who purchases a membership to the LearnVirtual Training for one (1) User.

“Multi-User Member” refers to a Member who purchases a membership to the LearnVirtual for multiple Users.

“Customer” refers to a Customer that purchases any products or services from this LearnVirtual website.

“Student” means a pupil at an accredited college or university. A Student is also a Member.

“Member” refers to any person or entity that purchases or uses a membership to the Online Training Library or Live Events, and may be a Single-User Member, Multi-User Member, Educator, Student or gift member recipient.

“User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and your principal.

“Website” or “Site” refers to the website maintained on the World Wide Web by ARCHVISTA available at http://www.learnvirtual.com, and includes the Online Training Library and Live Event Schedule.

“You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.

Limited License

ARCHVISTA, developer of LearnVirtual, hereby grants each Member a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available via LVT according to the provisions contained herein, and subject to the payment of the applicable membership fees and adherence to these Terms.

Each Multi-User Member may only allow its employees and agents to access the LVT. If the Multi-User Member’s license terminates, the Multi-User Member’s employees and agents shall no longer have Access to the LVT. Each Multi-User Member agrees that the LVT may not be Accessed by more than the authorized number of Users purchased by the Multi-User Member. Each User shall be authorized to Access the LVT from any Internet connection.

A Multi-User Member administrator selected by the Member (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.

Fees; Renewal; Refund Policies

Single-User Members:

  • Annual or monthly membership plan
  • Trial period may be available
  • Provides access to Web Content and/or Live Events as determined by membership level for one individual user
  • Automatically renews based upon plan term until cancelled by Member
    • Automatically renews on the same day of the month of each corresponding term or on final date of month if no corresponding date (February 29, 2021 membership renews on February 28, 2021)
    • Fees charged on same date of each corresponding year or month (based upon plan term) or on final date of month if no corresponding date (February 29, 2021 membership renews on February 28, 2021)
    • For trial accounts that are not cancelled before the end of the trial period, an automatically renewing membership will start at end of trial period with renewals starting at 30-days or one-year after trial start date, based upon membership selected
  • Membership fees are non-refundable. However, a Member may cancel a renewed membership in writing up to three (3) calendar days after the renewal date and receive a full refund of the new membership fees.
  • Discounts, rebates or other special offers are only valid for the initial term; memberships renew at the then-current full membership rates.
  • LearnVirtual membership fees may increase for a subsequent membership period at any time and for any reason.
  • LearnVirtual may terminate the membership and these Terms if it is unable to renew the membership based on inaccurate or outdated credit card information; provided, however, that the Member shall remain liable for any assessed membership fees for the then-current monthly term, plus any fees and costs for LearnVirtual’s collection of same.
  • Right of Access to the LVT granted under these Terms is effective only upon continued payment of the membership fees; late or non-payment shall lead to denial of Access, but shall in no way affect the continued requirement of such fees to be paid.

 

Multi-User Members

  • Annual or monthly membership plan
  • Access to Web Content and Live Events for number of Users noted in Membership Option (Small Business = up to 5 Users; Corporate = up to 20 Users)
  • If Member paid by credit card: Automatically renews yearly, every six months, every three months, or monthly (based upon plan term) until cancelled by Member
    • Automatically renews on the same date of each corresponding year or month or on final date of month if no corresponding date (February 29, 2021 membership renews on February 28, 2021)
    • Fees charged on renewal date
  • If Member paid by cash or purchase order: Membership does not automatically renew
    • Prior to expiration, ARCHVISTA/LearnVirtual will provide invoice to the Member for renewal payment
    • If Member fails to remit renewal payment prior to expiration, LearnVirtual membership will be cancelled
  • Membership fees are non-refundable; except that Member may cancel renewed membership up to three (3) calendar days after renewal date and receive a full refund of the new membership fees.
  • Discounts, rebates or other special offers only valid for initial term; memberships renew at the then-current full membership rates.
  • LearnVirtual membership fees may increase for a subsequent membership period at any time and for any reason.
  • LearnVirtual may terminate the membership and these Terms if it is unable to renew the membership based on inaccurate or outdated credit card information; provided, however, that the Member shall remain liable for any assessed membership fees for the then-current monthly term, plus any fees and costs for LearnVirtual’s collection of same.
  • Right of Access to the LVT granted under these Terms is effective only upon continued payment of the membership fees; late or non-payment shall lead to denial of Access, but shall in no way affect the continued requirement of such fees to be paid.

 

Academic Program Members (Educator or Student)

  • Educators and Students are eligible for discount on memberships
    • Educator must be full or part-time teacher at an accredited educational institution; Educator is required to provide appropriate documentation to verify Educator’s status
    • Student must be full or part-time student at an accredited educational institution; Student is required to provide proof of enrollment
  • Membership fees are non-refundable
  • Right of Access to the LVT granted under these Terms is effective only upon payment of the membership fees
  • Right of Access to the LVT granted under these Terms is effective only upon continued payment of the membership fees; late or non-payment shall lead to denial of Access, but shall in no way affect the continued requirement of such fees to be paid.

 

Access to the LVT; Modification of Content.

ARCHVISTA strives to provide the LVT to its Members on a continuous basis. To that end, ARCHVISTA will take all commercially reasonable efforts to provide uninterrupted Access to the LVT to its Members. However, from time to time, Members may be unable to Access the LVT due to conditions beyond ARCHVISTA’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the LVT to its Members, ARCHVSITA will take all commercially reasonable steps to ensure LVT Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

ARCHVISTA endeavors to provide the highest quality content to its LVT Members; provided, however, that all such content is provided “AS IS” to Members without any warranties, express or implied. ARCHVISTA reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site/Training in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site/Training. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

Use of Website Information

The materials on this website are intended to be for informational purposes only and are not intended to be an advertisement or solicitation to provide advice and do not create a formal consultative engagement between ARCHVISTA and our visitors. The giving of information shall not be considered legal, architectural or business advice.  You should not act or rely on any information on this website without seeking the advice of a competent architect, engineer or construction professional.

You may download, view, print and copy documents and graphics incorporated in these documents from the Site subject to the following: the Documents may be used solely for personal, informational, non-commercial purposes; the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without written authorization from ARCHVISTA.

Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects ARCHVISTA/LearnVirtual/its Members’ computers, servers or databases.
2. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
3. Permit or provide others Access to the LVT using Your user name and password or otherwise, or the name and password of another authorized User.
4. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
5. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
6. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
7. Violate or attempt to violate LearnVirtual’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
8. Engage in any other conduct that violates the Copyright Act or other laws of the United States or foreign countries.
9. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or LearnVirtual.
10. Use the Site to violate a third party’s intellectual property, privacy, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
11. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by LearnVirtual.
12. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
13. Advertise or otherwise solicit funds, goods or services on the Site.
14. Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, ARCHVISTA reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the LVT to any person or entity whose use of the LVT suggests Prohibited Conduct. Access of the materials available at the LVT beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the LVT and will result in revocation or denial of Access to the LVT, with no refund and all then-pending fees, if any (e.g., monthly payment of an annual plan) shall accelerate and become immediately due and payable. The terms “normal patterns” and “abuse” shall be determined solely by ARCHVISTA.

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

LIMITED WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.

ARCHVISTA PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

ALTHOUGH ARCHVISTA HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. ARCHVISTA DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SITE. ARCHVISTA DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL ARCHVISTA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM. NOTWITHSTANDING THE FOREGOING, ARCHVISTA SHALL BE IN NO EVENT LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FROM THE MEMBER FOR A MEMBERSHIP TO ACCESS THE LVT SPECIFICALLY TIED TO THE PROBLEM AT ISSUE, INCLUDING, ANY LOSS OF DATA AND ANY DAMAGES RESULTING FROM COMPUTER VIRUSES, EVEN IF ARCHVISTA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF ARCHVISTA/LEARNVIRTUAL, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ARCHVISTA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF ARCHVISTA IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

Third Party Content; Hyperlinks

You acknowledge that ARCHVISTA does not pre-screen third party materials. ARCHVISTA is not the publisher or author of any information on the Site that is provided by third party content providers, and ARCHVISTA is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and ARCHVISTA’s use of the content constitutes neither an endorsement nor a recommendation by ARCHVISTA of the content. ARCHVISTA assumes no responsibility for third party products or services.

ARCHVISTA may contain links and references to other third party websites and materials. ARCHVISTA does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. ARCHVISTA does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. ARCHVISTA may disable any hyperlink to the Site. ARCHVISTA has the right but not obligation to monitor third party websites and hyperlinks to the Site.

ARCHVISTA MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, ARCHVISTA DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

Copyrights, Trademarks and Other Proprietary Rights

ARCHVISTA or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by ARCHVISTA. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the LVT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of ARCHVISTA, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of ARCHVISTA’s intellectual property except for the limited license granted hereinabove, specifically tied to usage in accordance with these Terms and prompt and continued payment of all fees due.

If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to ARCHVISTA, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. ARCHVISTA has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. ARCHVISTA may suspend Your Access while it conducts an investigation but this shall not suspend any fees due. Users are required to enter a user name and password to Access the LVT. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.

You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify ARCHVISTA immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify ARCHVISTA immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. ARCHVISTA will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by ARCHVISTA, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

Use of Forums

“Forum” means a chat area, message board, or e-mail function offered by ARCHVISTA  By subscribing to or utilizing our forums, you agree to the following:

  • All authors are solely responsible for, and indemnify and hold harmless ARCHVISTA from, the content of their messages or postings.
  • If you post a message hereon, you grant ARCHVISTA and other forum participants the nonexclusive, perpetual right and license to display, copy, reproduce, modify, adapt, translate, creative derivative works from, publish, distribute, transmit, print and use such information or other material without remuneration of any kind, or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called moral rights in those materials have been waived.
  • ARCHVISTA accepts no responsibility for the opinions and information posted on its website or email lists or forums by any parties save the authorized postings of ARCHVISTA itself.
  • The email listserv program and/or forum posting lists messages to all current subscribers with no editorial review by ARCHVISTA; ARCHVISTA does not verify the accuracy of submitted messages nor does it endorse the opinions expressed by message authors.
  • In the event an inappropriate posting or person abusing the forums/email lists is brought to ARCHVISTA’s attention, ARCHVISTA will take the action that it deems appropriate in its sole discretion. ARCHVISTA reserves the right to terminate access at any time and/or to discontinue these services.  If you do not agree to these guidelines, do not click through to utilize or post to ARCHVISTA’s listings or forums.
  • You must not:
    • defame, abuse, harass or threaten others;
    • make any bigoted, hateful or racially offensive statements;
    • advocate illegal activity or discuss illegal activities with the intent to commit them;
    • post or distribute any material that infringes and/or violates any right of a third party or any law;
    • post or distribute any vulgar, obscene, discourteous or indecent language or images;
    • advertise or sell to, or solicit others;
    • use the forum for commercial purposes of any kind;
    • post or distribute any software or other materials which contain a virus or other harmful component; or
    • post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

 

Information you send to us

We welcome your feedback on our products and services. To avoid dispute, however you agree any information that you send to us, including but not limited to all suggestions, ideas, concepts, messages, emails, samples, and all other Content or submissions shall be deemed, and shall remain, the property of ARCHVISTA and you hereby assign all rights in the Submissions to ARCHVISTA If for any reason any rights in any Submissions are not assigned, you hereby grant ARCHVISTA a perpetual, irrevocable, fully paid license to use the Submissions for any purpose whatsoever. You also hereby give your consent for ARCHVISTA to use your name in connection with your Submissions, or for promotional purposes.

Indemnity

As a condition of use of this site, you, the end user, agree to indemnify ARCHVISTA, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Termination of Agreement

In addition to ARCHVISTA’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. ARCHVISTA may also terminate Access to the LVT or cancel memberships to the LVT without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that ARCHVISTA deems inappropriate, or if it is in its best business discretion to do so.

In the event of termination of this Agreement, the provisions in this Section and the provisions found in the above Sections shall survive in perpetuity. Each Member’s obligation to pay outstanding membership fees shall survive any termination of this Agreement.

Miscellaneous

These Terms constitute the entire agreement between ARCHVISTA and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between ARCHVISTA and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing signed by ARCHVISTA. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, ARCHVISTA may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. ARCHVISTA’s remedies are cumulative and not exclusive. Failure of ARCHVISTA to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed by User within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations for itself. ARCHVISTA makes no representation that the content of the Site is appropriate or available for use in all locations. ARCHVISTA operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. ARCHVISTA cannot provide notifications via post, only e-mail.

Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and ARCHVISTA shall be finally resolved through binding arbitration in Oakland, California; provided, however, that any claims with respect to late payment, nonpayment, or infringement of ARCHVISTA’s intellectual property may be brought in a court of competent jurisdiction in Oakland, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of Alameda or the United States District Court for the Central District of California. Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Alameda or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. The prevailing party’s expenses and attorneys’ fees related to any arbitration, claim or action shall be paid by the non-prevailing party.

Contact

If you have any questions regarding these Terms of Use, please contact us:

ARCHVISTA, Inc.
P.O. Box 10266
Oakland, CA 94610
800-522-0554
[email protected]

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