You may only use this Site if you are at least 18 years of age. By accessing the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use and/or payment in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and Arpin.
Arpin reserves the right to change, delete and update portions of these Terms or other policies that govern use of the Site at its discretion. You should review these Terms periodically for changes. Any amendments and/or modifications by Arpin will be prospective only and, unless otherwise provided in this Agreement, will be effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms. If you have an account or other relationship with Arpin, that relationship is governed by the agreement specific to that particular account or relationship, provided that nothing in those other agreements shall diminish the protections and rights provided to Arpin under these Terms.
INFORMATION AVAILABLE ON SITE
Arpin relies on a variety of sources for the information it provides on the Site. This information is provided to you in good faith based on the information available to Arpin. Arpin believes that the information is current and accurate but does not guarantee it. Furthermore, Arpin does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by third parties. Any reliance on material posted by third parties shall be at your own risk.
USE OF THE SITE
Arpin grants to you a limited, non-exclusive license to access the Site to view, bookmark, download and print for your non-commercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by Arpin at any time under the circumstances described in these Terms.
Arpin or its content providers own all of the content, materials and other intellectual property related to the Site, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.
The contents and use of the Site (including Arpin’ name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark and other laws. You agree to retain all copyright and other proprietary notices contained in the Site. You may not delete or change any copyright or trademark notices and cannot alter or modify the content in any manner without the express written permission of Arpin.
Furthermore, you may not:
- use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail or distribute in any way material or content that infringes any copyright, trademark, proprietary or other right of any party or that violates these Terms;
- copy, modify, distribute, create any derivative or compilation work from or display Arpin’ name or logo, or any text, graphic images or other content from the Site or redeliver it using framing or similar technology;
- use any device designed to provide repeated automated access to the Site other than those made generally available by Arpin;
- include the Arpinlogo and other marks, of various products and services offered by Arpinor any other Arpintrademarked materials, the name of any Arpinpersonnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship or endorsement between Arpinand you, any other party, or any other website, or otherwise use these items without Arpin’ express written permission;
- collect, harvest or store personal data about other users of the Site;
- upload, e-mail or otherwise transmit to Arpinor through the Site any of the following: a sexually-explicit image or statement; advertising, promotional or other unauthorized communication, including, without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Arpin;
- create a link to the Site without Arpin’ prior written permission;
- use the Site to advertise or perform any commercial solicitation;
- use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- use any robot, spider, scraper or any other automated means to access the Site for any purpose without Arpin’ express written permission;
- forge any TCP/IP packet header or any part of the header information in any email or posting;
- take any action that imposes, or may impose, in Arpin’ sole discretion, an unreasonable or disproportionately large load on the Arpininfrastructure;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- bypass measures used by Arpinto prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system or attempt to prove, scan or test the vulnerability of a system or network without proper written authorization from Arpin; or
- impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers or otherwise conceal your identity from Arpinfor any purpose.
Arpin reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order directing Arpin to disclose such information.
TERMINATION, REMOVAL OF MATERIALS AND MONITORING
These Terms are effective until terminated. Arpin may terminate, restrict or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. Arpin also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Arpin’ sole discretion, may create liability for Arpin, its agents or its contractors or may affect Arpin’ business relationships or contracts with its agents or its contractors. Arpin further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms—though Arpin shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that Arpin has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Arpin from any liability related to its monitoring activities.
For your general informational use only, Arpin may provide access to third-party websites. These links allow you to leave the Site. Arpin is unable to verify, and takes no responsibility for, the contents of any third-party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Arpin or by a third party (including any responsibility for the accuracy, timeliness or suitability of the content of any third-party website to which Arpin may link). By providing access to other websites, Arpin is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Arpin does not expressly, or by implication, endorse, recommend or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third-party site or related to creation of links to such site. Before relying on any information contained on any third-party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing and protections against potential viruses and other malicious code in downloaded material.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES AND CONTENT AVAILABLE THROUGH THE SITE ARE FURNISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). Arpin, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS (COLLECTIVELY THE “Arpin PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE Arpin PARTIES, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES) OR LOSS OR USE OF DATA.
YOU AGREE THAT THE Arpin PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE Arpin PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO Arpin TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO Arpin. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY Arpin IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE Arpin PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF DISCOVERY SHALL BE WAIVED AND RELEASED.
In consideration of your use of the Site, you hereby agree to indemnify, defend and hold harmless the Arpin Parties (and any of its third-party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of these Terms, violation of law or violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights, or publicity, contract, moral or privacy rights).
Arpin operates the Site from offices within the State of Indiana in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Indiana (excluding any choice of law rules) govern your rights and obligations relating to Arpin and your use of the Site and exclusive jurisdiction and venue for any disputes shall be the state courts or federal courts of Indiana.
SEVERABILITY AND WAIVER
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by Arpin, any right, power or privilege hereunder shall operate as a waiver. Any waiver by Arpin of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Arpin.
COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Arpin designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Arpin’ designated agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Arpin’ designated agent for notification may be contacted at:
Arpin Van Lines, Inc.
8010 Castleton Rd.
Indianapolis, IN 46250
United States of America
Phone: (800) 847-2807
These Terms constitute the entire agreement with Arpin related to the Site. All prior agreements, representations, statements, negotiations and undertakings with respect to the subject matter herein are superseded by these Terms.
SURVIVAL OF OBLIGATIONS
The Terms that by their nature are intended to survive beyond the termination, cancellation or expiration of these Terms shall survive.