Please Read These Terms of Use Carefully
These Terms of Use (these “Terms of Use”) is a legally binding agreement between Architect Studios, LLC, a New Jersey limited liability company (“Architect Studios,” ”us,” ”our” or “we”), and you, governing your use of arcstu.com (the “Website”) and purchase of any products or services through the Website. It is your responsibility to review these Terms of Use periodically as we may revise these Terms of Use at any time without notice to you. Please also refer to Architect Studio’s Privacy Policy, which is incorporated herein by reference. The Privacy Policy and these Terms of Use shall together, collectively, be referred to as the “Architect Studios Policies.”
This Website Does Not Provide Medical Advice
The information contained in this Website or provided to you in response to a request made or a question asked by you or as a result of the completion of a questionnaire by you (the “Information”) is provided for informational purposes only and is intended to provide users with a general understanding of certain wellness and health care topics. The Information should not be considered complete and does not cover all health issues. We do not recommend the self-management of health problems nor do we endorse any particular type of medical treatment. The Information should not be used in place of a visit with, call to, consultation or advice from your physician or other healthcare provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other healthcare provider. You should not conclude by virtue of something you have read on the Website or in response to your inquiries or questions that you do not need to consult a healthcare professional. You should not disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on the Website or as a result of the answer to an inquiry. The Information is not a substitute for professional medical advice and nothing contained on the Website or in a response to an inquiry is intended to diagnose any medical condition or serve as a substitute for medical diagnosis or treatment.
Typographical Errors
In the event that a product or services is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product or services listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a refund to your credit card account in the amount charged.
Billing Errors
If you believe that you have been billed in error, please notify us at doug@arcstu.com immediately. If we do not hear from you within 30-days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You shall be deemed to have released Architect Studios from any and all liabilities and claims of loss resulting from any error or discrepancy that is not reported within such 30-day period.
Fraud
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our sole discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay or refuse to honor any order submitted through the Website if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Sales Tax
If you purchase any products or services and reside in the State of New Jersey, you will be responsible for paying any applicable sales tax.
Account Passwords
You will be asked to create an account and choose a password. You are solely responsible for maintaining the confidentiality of the password and for any and all use of your account. You should not use the account, username, or password of another customer or disclose your password to any third party. You must notify Architect Studios without delay if you suspect any unauthorized access to your password or use of your account. If you fail to meet these terms you may be held responsible for any and all use of your account. We reserve the right to access your account and usage information and may review and use such account and usage information as we determine appropriate in our sole discretion, including, without limitation, as reasonably needed to investigate complaints, to provide services, or for such other purposes as we deem necessary and appropriate.
Copyright Policy
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Architect Studios. The collective work includes works that are licensed to Architect Studios. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of purchasing products or services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to purchase products or services. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Architect Studios. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Trademarks
All names, logos and marks appearing in the Website, except as otherwise noted, are trademarks (service marks) owned or used under license by us or our affiliates in the geographies where they market products and services bearing such trademarks, or are a “fair use” of others’ marks or copyright materials. The unlawful use or misuse of marks, copyright materials or any other content on this site, except as provided in these Terms of Use, is strictly prohibited. By entering this Website you agree to respect the trademark, copyright and other protected intellectual property posted on this site or sites connected to it.
Testimonials
Any testimonials referred to in this Web site were volunteered by the makers without an offer of compensation. The results referred to in the testimonials may not be typical and your actual results may vary.
Representations and Warranties of Customer
You hereby represent, warrant and covenant to Architect Studios that:
- You are eighteen (18) years of age or older;
- You are a legal resident of the United States;
- You will comply with all applicable local, state and federal laws, ordinances, regulations, orders and all Architect Studios Policies;
- You will not to use the account, username, or password of another customer at any time without their authorization, and agree to notify Architect Studios immediately if you suspect any unauthorized use of your account or access to your password; and
- Any information provided by you to Architect Studios will be true and correct.
Use of Website
Harassment in any manner or form on the Website, including, but not limited to, via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Architect Studios or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
We do not and cannot review all communications and materials posted to or created by users accessing the Website. We are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Architect Studios in its sole discretion.
Indemnification
You agree to indemnify, defend and hold harmless Architect Studios, its members, manager, officers, directors, employees and licensors from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees, resulting from (i) any violation of the Architect Studios Polices, (ii) any applicable Federal, State or local laws, or (iii) any activity related to your access to or use of the Website or any person accessing the Website through your account.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, THE PRODUCTS, SERVICES AND CONTENT PROVIDED BY ARCHITECT STUDIOS ON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE PRODUCTS AND SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, ARCHITECT STUDIOS EXPRESLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. ARCHITECT STUDIOS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ARCHITECT STUDIOS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.
LIMITATION OF LIABILITY
EXCEPT FOR YOUR FAILURE TO PAY ANY SUMS DUE ARCHITECT STUDIOS AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL ARCHITECT STUDIOS’ AGGREGATE LIABILITY TO YOU ARISING OUT OF YOUR USE OF THE PRODUCTS AND SERVICES AND/OR THIS WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID TO ARCHITECT STUDIOS DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM. IN NO EVENT SHALL ARCHITECT STUDIOS HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT ARCHITECT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Proprietary Rights
As between the parties, Architect Studios shall retain all ownership rights in all technology, hardware, software, programs, codes, processes, user interfaces and any other functionality, as well as all content, contained in or on the Website (the “Architect Studios Technology and Content”). No license, right or interest in any Architect Studios trademark, copyright, trade name or service mark is granted hereunder. You shall not disassemble, reverse engineer, license, sub-license, create derivative works from or re-license any of the Architect Studios Technology and Content.
Notices
Any notices must be in writing and may either may sent via facsimile, electronic mail or overnight courier. Notices may also be posted on the Website and shall be deemed to have been received within three (3) business days of such posting.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.
Governing Law and Venue
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, without reference to the choice of law provisions thereof. Any legal action or proceeding with respect to these Terms of Use or any transaction related hereto shall be brought in the courts of the State of New Jersey located in Essex County or in the United States District Court for District of New Jersey. Member hereby consents to the exclusive jurisdiction of the aforesaid courts. Member hereby irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdictions in respect of these Terms of Use or any transaction related hereto. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE, COMPLETELY UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND ARCHITECT STUDIOS AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ARCHITECT STUDIOS RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.