Website Terms & Conditions Of Use

Effective Date: 4/01/2021
Last revised: 4/01/2021

Terms of Use for ARCpoint Website and Mobile Application(s)

Welcome! Please read these Terms of Use (the “Terms”) carefully because they serve as an agreement between You (“You” or “User”) and ARCpoint Labs Franchise Group and its affiliates, and subsidiaries (“ARCpoint”, “We”, or “Us”) regarding the use of the arcpointlabs.com website and mobile application (“Site”). The Site is owned and operated by ARCpoint. You must agree to these Terms and the Privacy Policy (available here) to use the Site. If, after reading the Terms and the Privacy Policy, You do not agree, do not use the Site.

General

The Site is provided for informational purposes and as a means of accessing services from ARCpoint Labs. The information found on the Site is used at Your own risk.

We may share information including information you provide to us or we collect through automated means with third parties, including third parties that provide technology platforms and laboratories that process the tests on collected specimens, as necessary to provide requested testing services.

We process and store data exclusively in the United States, and all service operations for the Site are located in the United States. To the extent any purchases are made from this Site, all products will be shipped from the United States.

Agreement to Terms

By using the Site, You agree to be bound by these Terms. If You don’t agree to be bound by these Terms, please do not use the Site. By using the Site, You agree to waive any and all potential liability associated with the use of the Site.

By using the Site, You agree that ARCpoint may use Your personal data as described in the Privacy Policy, available at https://www.arcpointlabs.com/our-privacy-policy/, including using Your email and phone number to communicate with You regarding the Site. You understand that email communication can be intercepted by, or transmitted to, unintended third-parties. You expressly agree to hold ARCpoint harmless for any damages associated with any breach of Your email or erroneous transmission.

Scope of Site Services

The Site is provided for informational purposes and as a means of accessing services from ARCpoint Labs. While we endeavor to ensure the Site is available, the Site is not guaranteed to be error-free or uninterrupted.

Your Promises

  • You are at least 18 years old.
  • You live in the United States.
  • You are able to agree to contracts and be legally bound by them.
  • You will be responsible for Your use of the Site.
  • You understand and agree that ARCpoint is not responsible, and will not be liable, for Your use or misuse of the Site. You are wholly responsible for any use of the Site, and You will protect ARCpoint, and will defend, indemnify and hold harmless ARCpoint and its employees and agents, against any claims by anyone related to Your use, misuse, or failure to use the Site.
  • You understand and agree that any links on the Site to other websites or to products, services, or merchandise not controlled by ARCpoint are offered by third parties. You understand and agree that ARCpoint does not control, endorse, or guarantee such information, products, services or merchandise. You are responsible for reviewing the terms and privacy policy for any websites and other applications and deciding whether to agree to them, and We encourage You to do so.
  • You agree that the Site, or any component of the Site will NOT be used:
    • In an illegal, inflammatory, defamatory, obscene, or hateful manner;
    • To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
    • In a manner that violates any intellectual property rights of another party;
    • To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
    • To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or “spam”; or
    • Used in any other manner contrary to the nature and purpose of the Site.

    Posting Content

    Most of the Site is not private and can be viewed by others. You may be permitted to post content for public viewing on the Site, but You are solely responsible for any content You post. By posting content to the Site, You represent and warrant that You have the right to do so. However, ARCpoint reserves the right to remove material that appears to violate copyright, trademark or service mark rights.

    We have no control over, and disclaim responsibility or liability for, how other users may respond to, use or misuse the content that you post for public viewing on this Site, or for any actions taken by other users related to content that You post on the Site. Please consider carefully the information that You choose to post for public viewing on the Site.

    LIMITATION ON LIABILITY

    THE SITE IS PROVIDED AS-IS, WITH ALL FAULTS. ARCPOINT HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, TRUSTEES, OWNERS AND CONTRACTORS (“ARCPOINT INDEMNITEES”), ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ARCPOINT INDEMNITEES WILL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING INCLUDING THROUGH NEGLIGENCE, LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, LOSS OF INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED $5 USD.

    Each User shall defend, indemnify and hold harmless the ARCpoint Indemnitees from and against any loss, damage, claim, charge, demand, liability, or expense arising from or related to the use or failure to use the Site by such User, include costs related to introduction of viruses or other malware or a breach of privacy or security of the Site.

    IP, Copyright and Digital Millennium Copyright Notice

    The content available on the Site is subject to global copyright. Reproduction, processing, dissemination and use of any kind require written consent from ARCpoint. The Site is also protected by various intellectual property rights. You are granted a limited license to use the Site for your personal use as described in these Terms and any terms that were provided with the Site. You are not permitted to use, reverse engineer or otherwise exploit the Site beyond the grant of license.

    ARCpoint respects the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify ARCpoint in writing at:

    ARCpointLabs.com
    131 Falls Street, Suite 302
    Greenville, SC 29601
    info@ARCpointLabs.com
    864-271-3210

    To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

    • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Linking and Framing

    You may place a link to the Site‘s home page on another website, in a fair and legal manner, so long as the link does not adversely affect the reputation of ARCpoint or the Site. The link may not suggest any endorsement or approval of the other website by ARCpoint. You may not link to any page other than the home page of the Site. Framing of the Site on any other site is not permitted.

    Changes to Terms

    ARCpoint reserves the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. By accessing the Site following the posting of changes, You agree to all such changes. To help you keep track of any changes, each update to the Terms will include the date of revision.

    Enforcement of Terms

    If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are subject to and do not alter any other agreements You have entered into with ARCpoint.

    ARCpoint has the right to determine whether there has been a violation of these Terms. If We determine the Terms have been violated, We have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

    • Immediate termination of Your right to use the Site. The termination may be temporary or permanent.
    • Immediate removal of any content posted by You to the Site.
    • Issuance of a warning or other communication to You.
    • Legal proceedings against You, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of Your violation of the Terms.
    • Other forms of legal proceedings against You.
    • Referral to law enforcement agencies for further action.

     
    We will not be liable for any damages which You may suffer as a result of the foregoing actions.

    Applicable Law

    The Site, excluding unaffiliated linked sites, is controlled by ARCpoint, which is located in the United States. By accessing the Site, You agree that all matters relating to Your use of this Site shall be governed by the statutes and laws of the State of South Carolina, and the federal laws of the United States of America, without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply. If You are located outside the United States of America, You acknowledge and agree that Your data will be stored and processed in the United States, which may have privacy laws that are less protective than the laws of the country in which You are located. By using the Site, You consent to the processing of Your data in the United States for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the Site, and as permitted by law.

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