Updated December 28, 2014
Effective January 01, 2015
IF YOU LIVE IN THE UNITED STATES, SECTION 10 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH ARRIVE SYSTEMS, INC. PLEASE READ IT.
Welcome to ARRIVE!
Thank you for using our services (“Services”). The Services are provided by Arrive Systems, Inc. located at 6737 Katella Ave., Cypress CA 90630 United States. This is an agreement between you (“CUSTOMER” “END USER” “USER” “ACCOUNT USER” and Arrive Systems, Inc. (“ARRIVE” “WE” “US”) or based on where you live, one of its affiliates, that describes your rights to use the services identified in section 1.1. You are advised to read the entire Agreement because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you.
1.Scope of agreement, acceptance, and changes
1.1. RELATIONSHIP WITH ARRIVE TO USE THE SERVICES By using the Services, you represent that you have a business relationship with ARRIVE as an ARRIVE Customer, End-User, Primary Channel partner, Associate Channel partner, ARRIVE employee, consultant, affiliate member, and other individuals/entities recognized or associated with ARRIVE and collectively called an “ARRIVE Business Services User”.
1.2. SERVICES ARE COVERED BY THIS AGREEMENT Arrive CarePoint account, Arrive PartnerPoint account, Arrive Academy account, Arrive Edgeless eNewsletter subscription, and other ARRIVE business services that link to this Agreement. We refer to these services, as well as other software, websites, and services that link to this Agreement collectively as the “Services.” When using the Services, you must abide by these terms (“this Agreement”).
1.3. ACCEPTANCE OF THIS AGREEMENT By using or accessing the Services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this Agreement without modification by you. If you don’t agree, you may not use the Services.
1.4. CHANGES MADE BY ARRIVE TO THE AGREEMENT AFTER ACCEPTANCE From time to time, ARRIVE may change or amend these terms. If we do, we’ll notify you, either through the user interface, in an email message, or through other reasonable means. If you use the Services after the date the change becomes effective, you consent to the changed terms. If you don’t agree to the changes, you must stop using the Services, or cancel any Services and close your ARRIVE account. Otherwise, the new terms will apply to you.
1.5. TYPES OF CHANGES EXPECTED TO THE SERVICESWe continuously work to improve the Services and may change the Services at any time. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work. From time to time we may stop providing portions of the Services. We may do so, for example, if it’s no longer feasible for us to provide a Service, in the case of technology used, listening to customer feedback that indicates a change is needed; our agreements with third parties that no longer permit us to make their material available or external issues arise that make it imprudent or impractical to continue.
1.6. AGE RESTRICTIONS TO USE SERVICES By using the Services, you represent that you are an existing Arrive Business Services User and have reached the age of “majority” where you live. If you are not an Arrive Business Services User, is a minor, and don’t know whether you have reached the age of majority where you live, or don’t understand this section, please don’t create an account before you have ascertained these facts.
2. ARRIVE ACCOUNT
2.1. DEFINITION OF AN ARRIVE ACCOUNT An ARRIVE account is a service that lets you sign in to ARRIVE websites and services. The ARRIVE account can be pre-registered for you by an ARRIVE Primary and Associate Channel representative that you are connected to, or by an ARRIVE Services Administrator; however, only you can complete and activate your account. In the case of an ARRIVE Primary Channel, their accounts can be pre-registered by an ARRIVE Services Administrator as part of Channel services delivery. The main ARRIVE Primary Channel contact will then be informed, and can complete the registration details of the said ARRIVE account.
When creating an ARRIVE account we ask you to provide certain information, like your name, user name, password, company or organization, birth date, certain demographic information, and security information such as an alternate email address or phone number. The email address or user name that you use to create your ARRIVE account will be unique to you for as long as your ARRIVE account is still active. In the event your ARRIVE account is closed either by you or by ARRIVE pursuant to the terms of this Agreement, the email address or user name may be recycled into our system and assigned to another user.
To access Arrive CarePoint, Arrive PartnerPoint, and Arrive Academy, and other ARRIVE business services that link to this Agreement, you must be logged in with an ARRIVE account that may be unique for each of the ARRIVE accounts mentioned. The terms and conditions for those accounts, websites, or other services, including their respective privacy statements if different from this Agreement, may also apply to your use of those accounts, websites, or services. Please review the Privacy Statements (as defined on http://arrivesys.com/privacyto understand how ARRIVE collects and uses the information associated with your ARRIVE account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your ARRIVE account. If you do so, the terms and conditions for those products, websites, or services, including their respective privacy statements, if different from this Agreement, may also apply to your use of those products, websites, or services. You must sign in to your ARRIVE account periodically, at a minimum every six months, to keep services associated with your ARRIVE account active. If you don’t sign in during this period, we will close your account (which means you won’t have access to the Services, Content stored in your account, and any other product or service that uses an ARRIVE account). If your Services are canceled, we will delete information or Content (as defined below) associated with your ARRIVE account, or will otherwise disassociate it from you and your ARRIVE account, unless the law requires us to keep it.
2.2. ACCOUNT ACCESS If you’ve forgotten your password or otherwise can’t access your ARRIVE account, you can recover your ARRIVE account by visiting the Reset your password webpage associated with your account. You can also contact netsupport@arrivesys.com and provide the necessary information to help ARRIVE retrieve your account access. We’ll do our best to help you recover your ARRIVE account; however we can’t guarantee that your ARRIVE account will be restored or your Content will be recovered.
2.3. ACCOUNT TRANSFER AND PRE-REGISTRATION ARRIVE doesn’t permit users to transfer their ARRIVE accounts in the case of Arrive Academy accounts since each account is associated with individualized training, scores, certificates, and the like. In some cases, we allow you to obtain your ARRIVE account through a third party, like an associated distributor, reseller, dealer, partner, or a business, that may pre-register your account on an ARRIVE Service. In such cases, that third party does not have additional rights over your ARRIVE account, like the ability to reset your password, view your account usage or profile data, read or store Content in your account, or suspend or cancel your ARRIVE account. In these cases, you’re subject to this Agreement and any additional terms of use from that third party, which should be made available to you by such third party. ARRIVE has no responsibility in relation to third parties’ additional terms of use.
3. Content
3.1. PLACING CONTENT ON THE SERVICES Placing content on an ARRIVE Service Account is limited to Content that are related to your business relationship with ARRIVE such as your Product and Support Registrations, Support-related comments, documentations, photos that you may upload in relation to a Support or Maintenance request . However, ARRIVE Services are not driven by User Content. Your communications and your files are your “Content” and, except for material that we share but not licensed with you (such as ARRIVE product literature, etc.) we don’t claim ownership of the Content you provide on the Services. Your Content remains your Content, and you’re responsible for it; and are still subject to terms and conditions stipulated under sections 3.5 and 3.6.
3.2. ACCESS TO CONTENT You have initial control over who may access your Content. However, if you share Content in public areas of the Services, through features that permit public sharing of Content, or in shared areas available to others you’ve chosen, you agree that anyone you’ve shared Content with may, for free, use, save, reproduce, distribute, display, and transmit that Content in connection with their use of the Services. If you don’t want others to have that ability, don’t use the Services to share your Content. You represent and warrant that for the duration of this Agreement you have (and will have) all the rights necessary for the Content you upload or share on the Services and that the use of the Content, as contemplated in this section 3.2, won’t violate any law.
3.3. ARRIVE’S PARTICIPATION IN USER CONTENT When you transmit or upload Content to the Services, you’re giving ARRIVE the worldwide right, without charge, to use your Content as necessary in order to: provide the Services to you, to protect you, and to improve ARRIVE products and services. ARRIVE uses and protects your Content as outlined in ARRIVE Privacy Statement (http://arrivesys.com/privacy)
3.4. TYPES OF ADVERTISING/PROMOTIONS USED BY THE SERVICES Some of the Services may display advertising or promotions strictly limited to ARRIVE products, services, and industry events. You may be asked to subscribe to notifications or information strictly used for communication purposes to update users, partners and those who have business relationship with ARRIVE on ARRIVE products, services, and related industry events that may have impact on their use of such products and services, and participation to said related industry events. We don’t use what you say in email, chat, video calls or voice mail, to target advertising and promotion to you. We don’t use your documents, photos or other personal files to target advertising and promotion to you; nor do we release your content to third party providers of advertising and promotions services. ARRIVE has certain companies help us deliver our marketing, promotions and other online communications. These companies may collect and use information about you or our customers in general, to help us better understand the offers, promotions, and types of advertising that are most appealing to our customers. The information they collect is aggregated so it is not identifiable to a specific individual.
3.5. TYPE OF CONTENT OR ACTIONS NOT PERMITTED ON ANY OF ARRIVE’S SERVICES In order to protect our customers and the Services; we have established this Code of Conduct governing the use of the Services. Content or actions that violate this Agreement aren’t permitted.
i. Don’t use the Services to do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam or use your account to help others send spam. Spam is unsolicited bulk email, postings or instant messages.
iv. Don’t publicly display inappropriate images (e.g. nudity, bestiality, pornography).
v. Don’t engage in activity that is false or misleading (e.g. attempts to ask for money under false pretenses, impersonating someone else).
vi. Don’t engage in activity that is harmful to the Services or others (e.g. viruses, stalking, hate speech, advocating violence against others).
vii. Don’t infringe upon the rights of others (e.g. unauthorized sharing of copyrighted music, resale or other distribution of other Content).
viii. Don’t engage in activity that violates the privacy of others.
In many cases ARRIVE is alerted to violations of the Code of Conduct through customer complaints, but we also deploy maintain checks to detect abusive behavior that might harm the system, our customers, or others. When investigating these matters, ARRIVE or its agents will review Content in order to resolve the issue. This is in addition to the uses we describe in this Agreement and the Privacy Statements.
3.6. REMOVAL OF CONTENT FROM THE SERVICES ARRIVE will remove, limit distribution of, or disable access to your Content if we determine it’s in violation of this Agreement, we receive a complaint from another user, we receive a notice of intellectual property infringement, or other legal instruction for removal. We may also block delivery of a communication (like email or instant message) to or from the Services as part of our effort to protect the Services or our customers, or otherwise enforce the terms of this Agreement.
4. Services cancellation
4.1. VIOLATION OF AGREEMENT If you violate this Agreement, there are a range of actions we may take including removing your Content from the Services, suspending or canceling your access to the Services, disabling or terminating your ARRIVE account (which means you may no longer have access to those ARRIVE products, services, or Content connected to your ARRIVE account), and/or referring such activity to appropriate authorities. Content that is deleted may be irretrievable.
4.2. LOSING ACCESS TO THE SERVICES Failing to sign in to your ARRIVE account (including any other service that uses ARRIVE account) at least once every six months (see section 2.1) means that you won’t be able to access the Services and you’ll lose your Content (unless provided otherwise).
4.3. DEACTIVATION OF SERVICES Should you wish to deactivate an ARRIVE account associated with a Service, you can do so at any time and for any reason by informing ARRIVE at netsupport@arrivesys.com. In the case of ARRIVE direct emails such as subscriptions to ARRIVE newsletters and the like, an “Unsubscribe” link is provided on such Services and you may unsubscribe at any time and for any reason. Please note that while Content you’ve deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time. Please see the Privacy Statements for more information about ARRIVE’S information security and quality. If your Services are deactivated (whether by you or us), your right to use the Services stops immediately. If any Services are deactivated, or if your ARRIVE account is closed, we will disassociate information or Content from you and your ARRIVE account. We are under no obligation to return Content to you.
5. Privacy
Your privacy is important to us. We describe how we use and protect your Content and any information we collect from you in the Privacy Statements. They are important so please read them carefully. This Agreement incorporates the Privacy Statements by reference. By using the Services or agreeing to these terms, you consent to ARRIVE’s collection, use and disclosure of your Content and information as described in the Privacy Statements.
6. Services disruptions and backup
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and ARRIVE isn’t liable for any disruption or loss you may suffer as a result. You should regularly backup the Content that you store on the Services. Having a regular backup plan and following it can help you prevent loss of your Content.
7. RESOLVING DISPUTES
We endeavor to resolve Arrive Services Account User disputes in a fair and professional manner. In the unlikely event that we are unable to resolve a dispute, You and ARRIVE SYSTEMS acknowledge and agree that any claim, dispute, or controversy (“Dispute”) between You and ARRIVE SYSTEMS arising from or relating to the use of the stated Arrive Services, including the validity of this binding arbitration provision shall be resolved EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”) UNDER NAF’S CODE OF PROCEDURE THEN IN EFFECT. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT IN FRONT OF A JUDGE OR JURY, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH.NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW A PRE-DISPUTE JURY TRIAL WAIVER OR A WAIVER OF THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS ACTION BASIS, SO THESE WAIVERS OR LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses (including but not limited to attorneys’ fees) incurred in enforcing compliance with this binding arbitration provision, including staying or dismissing such other proceeding. Information about the NAF is available on line at http://www.adrforum.com/, by phone at 1-800-474-2371 or by writing to P.O. Box 50191, Minneapolis, MN, 55405. For the purpose of this binding arbitration Paragraph, the term “ARRIVE SYSTEMS” means Arrive Systems, Inc., its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, assigns and suppliers; and the term “You” means you as an ARRIVE Customer, ARRIVE Services Account User or those in privity with You, such as Your family members, beneficiaries and/or assigns.
If NAF should cease operations, You and ARRIVE SYSTEMS shall agree on another arbitration forum. The arbitration shall be held at a reasonable, mutually agreed upon location by submission of documents, by telephone, online or in person as selected by You.
The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ARRIVE SYSTEMS. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class wide or class action basis. If You prevail in the arbitration of any Dispute with ARRIVE SYSTEMS, ARRIVE SYSTEMS will reimburse You for any fees You actually paid to NAF in connection with the arbitration. Any decision or award of the arbitrator rendered in such arbitration proceeding shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This binding arbitration provision shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
8. NO WARRANTIES
ARRIVE, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” ARRIVE DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN’T FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON’T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
9. Limitation of liability
YOU CANNOT RECOVER ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as loss of Content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.
10. ARRIVE contracting entity, court of venue, and applicable law—United States
If you live in (or, if you’re a business, you’re headquartered in) the United States, you’re contracting with Arrive Systems, Inc. 6737 Katella Ave.,Cypress CA 90630, U.S.A. The laws of the state where you live govern the interpretation of this Agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles, except that the FAA governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Cypress, California, for all disputes arising out of or relating to this Agreement or the Services that are heard in court (not arbitration and not small claims court).
11. Third-party websites
You may be able to access third-party websites or services via the Services. ARRIVE isn’t responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.
12. Assignment and transfer
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Services.
13. Contract interpretation
This is the entire Agreement between you and ARRIVE for your use of the Services. It supersedes any prior agreements between you and ARRIVE regarding your use of the Services. All parts of this Agreement apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won’t change. Section 10 says what happens if parts of section 10 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 10 prevails over this section if inconsistent with it.
14. No third-party beneficiaries
This Agreement is solely for your and our benefit. It isn’t for the benefit of any other person, except for ARRIVE’s successors and assigns.
15. Support
Customer support for the ARRIVE Services is available via netsupport@arrivesys.com
16. Export restrictions
ARRIVE’s services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the services. United States government permission is required to transfer these services to governments of any embargoed country or certain prohibited parties. Please see the U.S. Department of Treasury website (http:// www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx) for more information. Additionally, paid services if applicable, are subject to United States export laws and regulations with which you must comply. These laws include restrictions on destinations, end users, and end use. For additional information, see the Exporting ARRIVE Products outside the USA webpage (http://arrivesys.com/export)
NOTICES
You consent to ARRIVE providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you signed up for the Services. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Services. You may notify ARRIVE as stated in customer support for the Services.
Notices to ARRIVE
If you need to contact ARRIVE please send communication regarding this Agreement to the following e-Mail address subject reference to “Online Service Agreement” legal@arrivesys.com.
Notices from ARRIVE
If ARRIVE needs to contact you about your Account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
Copyright and trademark notices
All portions of the Services are Copyright © 2018 ARRIVE SYSTEMS, Inc., Arrive Systems, Inc. 6737 Katella Ave., Cypress CA 90630, U.S.A. All rights reserved. We own the title, copyright, and other intellectual property rights in the Services and its content. ARRIVE and the names, logos, and icons of all ARRIVE products, software, and services may be either trademarks or registered trademarks of ARRIVE in the United States and/or other countries. All other names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Agreement are reserved