PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2022.ACCEPTANCE OF TERMSThe following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall governthe relationship with our users and others which may interact or interface with ARC Iron Designs LLC, WARRANTY DISCLAIMERSYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF ARC IRON DESIGNS LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BYYOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR“AS AVAILABLE” BASIS. ARC IRON DESIGNS LLC AND OUR SUBSIDIARIES, AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.b) ARC IRON DESIGNS LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERSAND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ARC IRON DESIGNS LLC SERVICES ORSOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ARC IRON DESIGNS LLC SERVICES ORSOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ARC IRON DESIGNS LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OFANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAYBE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWAREWILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED INTHE SOFTWARE SHALL BE CORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF ARC IRON DESIGNS LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOURSOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNETACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THATCOULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION ORMATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM ARC IRON DESIGNS LLC OR BY WAY OF OR FROM OURSERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TOS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVESHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONEYOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASECONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMSWHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLETWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARYMOVEMENT, OR CONVULSIONS.LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ARC IRON DESIGNS LLC ANDOUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISEDOF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.RELEASEIn the event you have a dispute, you agree to release ARC Iron Designs LLC (and its officers, directors, employees,agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,demands and damages (actual and consequential) of every kind and nature, known and unknown, suspectedor unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.SPECIAL ADMONITION RELATED TO FINANCIAL MATTERSShould you intend to create or to join any service, receive or request any such news, messages, alerts orother information from our Services concerning companies, stock quotes, investments or securities, pleasereview the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for thisparticular type of information, the phrase “Let the investor beware” is appropriate. ARC Iron Designs LLC’s contentis provided primarily for informational purposes, and no content that shall be provided or included in ourServices is intended for trading or investing purposes. ARC Iron Designs LLC and our licensors shall not beresponsible or liable for the accuracy, usefulness or availability of any information transmitted and/or madeavailable by way of our Services, and shall not be responsible or liable for any trading and/or investmentdecisions based on any such information.EXCLUSION AND LIMITATIONSTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.THIRD PARTY BENEFICIARIESYou herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that thereshall be no third-party beneficiaries to this agreement.NOTICEARC Iron Designs LLC may furnish you with notices, including those with regards to any changes to the TOS,including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our websiteServices, or other reasonable means currently known or any which may be herein after developed. Anysuch notices may not be received if you violate any aspects of the TOS by accessing our Services in anunauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to havereceived any and all notices that would have been delivered had you accessed our Services in an authorizedmanner.TRADEMARK INFORMATIONYou herein acknowledge, understand and agree that all of the ARC Iron Designs LLC trademarks, copyright, tradename, service marks, and other ARC Iron Designs LLC logos and any brand features, and/or product and servicenames are trademarks and as such, are and shall remain the property of ARC Iron Designs LLC. You herein agree notto display and/or use in any manner the ARC Iron Designs LLC logo or marks without obtaining ARC Iron Designs LLC’s priorwritten consent.COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE& PROCEDURESARC Iron Designs LLC will always respect the intellectual property of others, and we ask that all of our users do thesame. With regards to appropriate circumstances and at its sole discretion, ARC Iron Designs LLC may disableand/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If youfeel that your work has been duplicated in such a way that would constitute copyright infringement, or ifyou believe your intellectual property rights have been otherwise violated, you should provide to us thefollowing information:a) The electronic or the physical signature of the individual that is authorized on behalf of the owner ofthe copyright or other intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe has beeninfringed upon;c) A description of the location of the site which you allege has been infringing upon your work;d) Your physical address, telephone number, and email address;e) A statement, in which you state that the alleged and disputed use of your work is not authorized bythe copyright owner, its agents or the law;f) And finally, a statement, made under penalty of perjury, that the aforementioned information in yournotice is truthful and accurate, and that you are the copyright or intellectual property owner,representative or agent authorized to act on the copyright or intellectual property owner’s behalf.The ARC Iron Designs LLC Agent for notice of claims of copyright or other intellectual property infringement can becontacted as follows:Mailing Address:ARC Iron Designs LLCAttn: Copyright Agent7741 Brothers Bay Ct.Las Vegas, Nevada 89011Telephone: 702-370-5698Email: info@arcirondesigns.comCLOSED CAPTIONINGBE IT KNOWN, that ARC Iron Designs LLC complies with all applicable Federal Communications Commissionrules and regulations regarding the closed captioning of video content. For more information, please visitour website at ARCirondesigns.com.GENERAL INFORMATIONENTIRE AGREEMENTThis TOS constitutes the entire agreement between you and ARC Iron Designs LLC and shall govern the use of ourServices, superseding any prior version of this TOS between you and us with respect to ARC Iron Designs LLCServices. You may also be subject to additional terms and conditions that may apply when you use orpurchase certain other ARC Iron Designs LLC Services, affiliate Services, third-party content or third-party software.CHOICE OF LAW AND FORUMIt is at the mutual agreement of both you and ARC Iron Designs LLC with regard to the TOS that the relationshipbetween the parties shall be governed by the laws of the state of Nevada without regard to its conflict oflaw provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to theTOS, or the relationship between you and ARC Iron Designs LLC, shall be filed within the courts having jurisdictionwithin the County of Clark, Nevada or the U.S. District Court located in said state. You and ARC Iron Designs LLCagree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and allobjections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.WAIVER AND SEVERABILITY OF TERMSAt any time, should ARC Iron Designs LLC fail to exercise or enforce any right or provision of the TOS, such failureshall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to giveeffect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain infull force and effect.NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITYYou acknowledge, understand and agree that your account is non-transferable and any rights to your IDand/or contents within your account shall terminate upon your death. Upon receipt of a copy of a deathcertificate, your account may be terminated and all contents therein permanently deleted.STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim oraction arising out of or related to the use of our Services or the TOS must be filed within One year(s) aftersaid claim or cause of action arose or shall be forever barred.VIOLATIONSPlease report any and all violations of this TOS to ARC Iron Designs LLC as follows:Mailing Address:ARC IRON DESIGNS LLC4774 Desert Plains Rd.Las Vegas, Nevada 89147Telephone: 702-817-0976Email: anthony.c@arcirondesigns.com
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