The Web Sites (collectively, "Archive Compliance") operated by Archive Compliance, LLC. or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. The Archive Compliance services and sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Archive Compliance constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Archive Compliance website included within the Archive Compliance sites may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, Archive Compliance itself may contain additional terms that govern particular features or offers (for example, message board, forum, and sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Archive Compliance website, then these terms shall control. Any terms or conditions proposed by you that are in addition to or which conflict with these terms are expressly rejected by Archive Compliance and shall be of no force or effect.

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (the or this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

 

Archive Compliance reserves the right to change the terms, conditions, and notices under which Archive Compliance is offered, including but not limited to the charges associated with the use of Archive Compliance.  Archive Compliance reserves the right to modify pricing at any time given a 30 day notice to the client.  You are responsible for regularly reviewing these terms and conditions.

 

Unless otherwise specified, Archive Compliance is for your personal and noncommercial use. You may not modify, copy, distribute, download, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, incorporate into any information retrieval system, or sell any information, software, products or services obtained from Archive Compliance without the prior permission of Archive Compliance and/or the copyright owner.

Subject to your performance of all of the provisions of this Agreement, Archive Compliance hereby grants you a limited, terminable, personal, non-exclusive license to access and use Archive Compliance solely as provided herein. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Archive Compliance or to purchase Archive Compliance products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Archive Compliance is strictly prohibited. You acquire no rights or licenses in or to Archive Compliance and materials contained therein other than the limited right to utilize Archive Compliance in accordance with these terms.

Harassment in any manner or form on the Site or any part of Archive Compliance, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Archive Compliance employee, host, or representative or 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, or which may constitute or encourage a criminal offense, violate the rights of any party or 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.

 

By using Archive Compliance, you represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted hereunder for any unlawful purpose; and (iii) shall use the Site only as set forth in these terms and conditions.

 

You acknowledge that Archive Compliance has been developed, compiled, prepared, revised, selected and arranged by Archive Compliance and others through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of Archive Compliance and others. The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Archive Compliance. The collective work includes works that are licensed to Archive Compliance. Copyright 2008. ALL RIGHTS RESERVED. All trademarks, service marks, logos and trade names displayed on Archive Compliance, including without limitation Archive Compliance and the "Archive Compliance" Logo (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Archive Compliance, or other respective owners that have granted Archive Compliance the right and license to use such Marks, and cannot be used without the written permission of Archive Compliance or the third party that owns the Marks. Archive Compliance exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within Archive Compliance and related to Archive Compliance and all modifications and derivative works thereof, and all intellectual property rights related thereto.

Pursuant to the United States Code, notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Archive Compliance respects the intellectual property of others, and we ask our users and visitors to do the same. Archive Compliance will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Archive Compliance will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Archive Compliance the following information. Please be advised that to be effective, the Notification must include ALL of the following:

- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

- a description of the copyrighted work that you claim has been infringed;

- a description of where the material that you claim is infringing is located on the Site;

- your address, telephone number, and email address and all other information reasonably sufficient to permit Archive Compliance to contact you;

- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement should be directed to:

By mail:
Archive Compliance, LLC.
13500 Tamiami Trail N, Suite 9
Naples, FL 34120

 

By fax:
(239) 236-0912

 

By email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ARCHIVE COMPLIANCE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

In the event an Archive Compliance product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Archive Compliance shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Archive Compliance shall have 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 canceled, Archive Compliance shall issue a credit to your credit card account in the amount of the incorrect price.

 

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Archive Compliance without notice at any time for any reason. Archive Compliance may terminate this Agreement at any time, for any reason, with or without notice to you. You agree that immediately upon termination of this Agreement, whether or not you receive notice of such termination, the license herein shall be immediately terminated and you shall not have any further rights to use the Site. Upon termination of the license granted hereunder, Archive Compliance's obligations to you shall cease. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

 

Archive Compliance does not and cannot review all communications and materials posted to or created by users accessing the Site and is 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, Archive Compliance is 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, Archive Compliance reserves 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) violates any law or regulation or (e) offensive or otherwise unacceptable to Archive Compliance at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Archive Compliance in accordance with Archive Compliance's Privacy Statement.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Archive Compliance will have no obligations with respect to the Communications. By posting Communications to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Archive Compliance a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

Archive Compliance may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Archive Compliance shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Archive Compliance, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

 

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Archive Compliance, Archive Compliance has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Archive Compliance. Archive Compliance has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Archive Compliance sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Archive Compliance seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

Each claim or statement about the effectiveness of Archive Compliance products and/or each claim or statement comparing the effectiveness of Archive Compliance products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

 

Archive Compliance makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Archive Compliance does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Archive Compliance. Archive Compliance does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS, AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Archive Compliance DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Archive Compliance DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Archive Compliance DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

IN NO EVENT SHALL Archive Compliance BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Archive Compliance HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

You agree to indemnify, defend, and hold harmless Archive Compliance, its officers, directors, employees, agents, licensors, suppliers, successors and assigns (collectively the "Provider") from and against all liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, whether or not a lawsuit or other proceeding is filed, arising out of or relating to: (1) any violation of these terms and conditions; (2) your use of the Archive Compliance sites any transaction or activity related to your use of the Archive Compliance sites; (3) any and all claims, demands, legal action or judgments arising out of or relating to any use, modification or enhancement of the products or services you acquire from Archive Compliance; and/or (4) negligent or wrongful conduct by you or any other person accessing the Site using your Internet account. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of the Provider, as provided above, such Provider shall have the right to defend itself, and in that case, you shall reimburse such Provider 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 such Provider's written requests.

 

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Archive Compliance has endeavored to create a secure and reliable Site, Archive Compliance and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. Archive Compliance cannot guarantee your ability to access the Site at all times, or that the Site will be secure, uninterrupted, or error-free, nor can the Company provide assurances that transactions will be completed properly. Archive Compliance is not responsible for technical problems that may hinder the efficacy of a transaction on the Site. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

 

Your use of this Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Archive Compliance products) shall be in the state or federal courts located in Collier County, Florida. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Archive Compliance products) must be commenced within one (1) year after the claim or cause of action arises. Archive Compliance's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Archive Compliance may assign its rights and duties under this Agreement to any party at any time without notice to you. Archive Compliance makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Florida do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Florida.

 

By using this Site, you agree that Archive Compliance, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

Archive Compliance may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. 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 either a waiver of such provision or a waiver of the right to enforce such provision. This Agreement, including our Privacy Policy which is incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether oral or written regarding the subject matter hereof.