Intellectual Property Rights.
You hereby acknowledge and agree that as between you and Arbigo Inc., Arbigo Inc. exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively “Materials” , and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of Arbigo Inc. rights in such Materials.
You hereby acknowledge and agree that “Arbigo Inc.”, and other Arbigo Inc. marks on the Site are either trademarks or service marks of Arbigo Inc. and shall remain the exclusive property of Arbigo Inc.. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited Right to Use.
You may use this Site solely for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use but not for resale or redistribution .
You agree to indemnify, defend and hold harmless Arbigo Inc. and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively “Affiliated Parties” from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to a) your breach or violation of this Agreement, b) your use of the Site or c) your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay Arbigo Inc.’s expenses, as provided above, we shall have the right to defend itself, and in that case, you shall reimburse Arbigo Inc. for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of Arbigo Inc.’s written requests.
ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Arbigo Inc. HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Disclaimer and Limits.
THIS WEBSITE, OUR SERVICES AND OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND WE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT OUR WEBSITE, OUR SERVICES OR OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR SERVICES ON OUR WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR SERVICES ON THIS WEBSITE OR ON ANY SITES LINKED TO THIS SITE.
What information does Arbigo Inc. collect from you?
Our Site collects two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our Site.
Personally Identifiable Information (“PII”): This refers to information that lets us know the specifics of who you are. Personal information is requested when you register with us, order a service, fill out surveys and correspond with us. This information might include your name, mailing address, telephone number, email address and other identification and contact information.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address.
Cookies & Pixels for Tracking: We use third-party advertising companies for the purpose of managing and targeting advertisements and for market research analysis on our site and other sites. For these purposes, we and our third-party advertising companies place pixel tags on the pages you visit on our site. We will then use the non-personally identifiable information that is collected using these pixel tags to serve you relevant advertisements when you are visiting other sites on the Internet.
To opt out of receiving targeted advertising, you will need to visit this site: http://www.networkadvertising.org/managing/opt_out.asp
Where do we collect information from you and how do we use it?
Our primary goal in collecting personal information is to provide our visitors with a superior customized online experience. Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our visitors and users. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our users’ personal information.
We may perform statistical analyses of aggregate customer behavior. This allows us to measure relative customer interest in the various areas of our Site for product development purposes. Any information we collect is used for our own internal purposes to improve the content of our Site, to enhance users’ experiences when visiting our Site, to customize the content and/or layout of our pages, and to provide the services required by an individual customer.
Our Site is not intended for the use of children. We do not knowingly market to, or solicit data, from children.
With whom do we share your information?
From time to time, we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
In addition, if our company or substantially all of our assets are acquired, your anonymous data and PII may be among the transferred assets.
What are your choices regarding collection, use and distribution of your information?
We may from time to time send you email or other communications regarding current promotions, specials and new additions to our Site. You may “opt-out”, or unsubscribe from our newsletters by following the unsubscribe instructions. After doing so, our users will not receive future communications or mailings.
You should carefully review privacy policies of any third party sites accessible from our Site.
Links to Other Web Sites.
The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
This Site excluding linked sites is controlled by Arbigo Inc. from its offices within the United States of America. Those who choose to access this Site from other locations do so solely on their own initiative and are solely responsible for compliance with local laws. Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one 1 year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. All disputes hereunder will be resolved in the applicable state or federal courts of the County of San Diego, State of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
DMCA – Copyright Infringement
It is our policy to respond to notices of alleged infringement that complies with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by fax — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Your communication must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. 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.
4. 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.
5. The following statement: “I have 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.”
6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send the written communication to:
Updates & Effective Date
From time to time, we may update this Privacy Statement. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our Sites. We encourage you to periodically check back and review this Privacy Statement so that you always will know what information we collect, how we use it, and to whom we disclose it.
The Privacy Statement posted on this Site was updated on or about 12/12/2011.