Terms

ACCEPTANCE OF TERMS THROUGH USE

ARCO Design/Build (“ARCO”) maintains the Site (the “Site”) for your personal information, education, and communication. By using the Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”) and to compliance with all applicable laws. If you do not agree to these Terms of Use please do not use the Site. We reserve the right, at our discretion and without any obligation, to update or revise the Site and these Terms of Use, including the right to make improvements to or correct any error or omissions in the Site and the right to terminate your access to all or part of the Site, with or without notice. Please check the Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

LICENSE TO USE

You may print or download one copy of the information and content (collectively, the “Materials”) displayed and contained on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Materials from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ARCO is prohibited. You may not distribute, modify, transmit, reuse, re-post, or use the Materials of the Site for public or commercial purposes, including the text, images, audio, and video without ARCO’s written permission.

PROPRIETARY RIGHTS

Assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of ARCO . ARCO neither warrants nor represents that the Materials or your use of the Materials will not infringe rights of third parties not owned by or affiliated with ARCO.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of ARCO and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ARCO or such third party that may own the Trademarks displayed on the Site.
Images of people, buildings, jobs or places displayed on the Site are either the property of, or used with permission by, ARCO. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission is provided by ARCO or elsewhere on the Site.

USER’S GRANT OF LIMITED LICENSE

Any communication or material you transmit to the Site by electronic mail or otherwise will be treated by ARCO as non-confidential and non-proprietary. By posting or submitting content or e-mail messages to the Site or to ARCO, you (i) assign and grant ARCO and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote your content and any ideas it may contain in any form, anywhere and for any purpose; and (ii) warrant and represent that you own or otherwise control all of the rights and that public posting and use of your content by ARCO will not infringe or violate the rights of any third party.

DISCLAIMER OF ENDORSEMENT

There may be links in the Site which allow you to visit the sites of third parties. Neither these sites nor their owners are controlled by ARCO. Any reference to a hypertext link obtained from the Site to a specific customer, site, product, process, or service does not necessarily constitute or imply any license to use, ownership, sponsorship, endorsement arrangement or any other relationship between ARCO or any of its subsidiaries or affiliates, and owner of anything found at such hypertext link, including but not limited to any organization, product, process, service or other information. ARCO has not tested and makes no representations regarding the correctness, performance or quality of any data or software found at these sites. ARCO is willing to immediately remove any hypertext link upon written request by the owner of the site to which this link references. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of ARCO. You should research and assess the risks which may be involved in accessing and using any data or software on the Internet before downloading it.

DISCLAIMER OF LIABILITY AND WARRANTIES

Your use of and browsing in the Site are at your risk. ARCO uses reasonable efforts to include accurate and up to date information in the Site. However, ARCO makes no warranties or representations as to its accuracy. Further, ARCO assumes no liability or responsibility for any errors or omissions in the Materials. ARCO does not represent or endorse the accuracy or reliability of any of the Materials or advertisements contained on, distributed through, linked to, downloaded from, or accessed by way of the Site. ARCO also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.
Although ARCO may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like that may be on or linked to the Site, ARCO is under no obligation to do so and assumes no responsibility or liability arising from the Materials and content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on or linked to the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, 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. ARCO will fully cooperate with any law enforcement authorities or court order requesting or directing ARCO to disclose the identity of anyone posting any such information or materials.

THIS SITE AND THE MATERIALS ARE PROVIDED BY ARCO ON AN “AS IS” BASIS. ARCO HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE AND THE MATERIALS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL ARCO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, IN CONNECTION WITH THE SERVICE, THE MATERIALS AND/OR THE PRODUCTS, WHETHER SUCH LIABILITY AND/OR DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), WARRANTY, GUARANTEE OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.

INDEMNIFICATION

Upon a request by ARCO, you agree to defend, indemnify, and hold harmless ARCO and its subsidiary and other affiliated companies, and their employees, agents, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site.

INTERNATIONAL USE

ARCO makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the law of the State of Georgia. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Fulton County, Georgia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ARCO with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ARCO with respect to the Site. If any one or more of the provisions of these Terms of Use should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, then: (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other government body making the ruling; (iii) the provision(s) held wholly or partly invalid or unenforceable will be deemed amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with our intent as manifested herein; and (iv) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question as originally set forth in these Terms of Use will be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.