platform collectively referred to as the “Platform.
You must use the Platform in compliance with, and as allowed by, applicable law. Using the Platform in combination with other resources for any of the described uses is also not permitted.
You are responsible for your use of the Platform. This includes your conduct and
communications with others while using it, as well as any content you submit to it. You must comply with the following requirements:
- The Platform may only be used for lawful activity, and never for activities that could lead to physical damage, mental harm, death, or personal injury.
- You may not permit any person under the age of 16 to use the Platform.
- You may not attempt to access the Platform other than through our provided interfaces and instructions or interfere with the Platform’s normal operation.
- You may not submit false information to the Platform.
- You may not use the Platform for any competitive purposes or to build any product or service.
- Using the Platform to store or transmit malware, viruses, or other types of malicious software, or links to such software, is strictly prohibited.
- You may not probe, test, scan, or attempt to bypass the security of the Platform without our express written permission.
- You may not use the Platform to infringe upon the intellectual property rights of others.
- Unless authorized by us in writing, you may not use any automated system or software to scrape or extract data from the Platform.
- To the extent permitted by law, you may not reverse-engineer the Platform, or assist anyone else in doing so.
- Unless authorized by us in writing, you may not resell or lease the Platform.
- Unless authorized by us in writing, you are solely responsible for any use of the Platform that requires you to comply with industry-specific regulations.
Phishing and Security
The Platform may not be used for any of the following:
- Attempts to collect credit card numbers or harvest passwords
- Attempts to collect information for which you do not have a legitimate business need
- Disclosure of a person’s identifying information without consent
- Intentional deception or misleading, including by linking to websites with malicious software
- Claiming that use of the Platform is anonymous when it is used in a fashion that is not Spam
- We treat email correspondence very seriously and require users of the Platform to do the same.
- Emails you send via the Platform must have a valid reply-to email address. You must have authorization to use that reply-to email address.
- You must not use the Platform to send emails with deceptive subject lines or misleading information.
The following conduct is prohibited:
- Creating a genuine risk of harm or threat to public safety
- Directly or indirectly threatening or attacking others, or organizing or inciting violence,
harassment, or unauthorized property damage
- Engaging in, funding, or promoting self-harm or hate speech
- Harassment or bullying
- The submission of materials pertaining to graphic violence or pornography
- Infringement of our intellectual property rights in the Platform, and/or the IP rights of any third party
The Platform may contain third-party-controlled content, or links to third-party websites. We do not control or endorse such content or websites, or any goods or services promoted or sold by them, and are not responsible for such content or websites. However, if you are concerned about any such content or websites, please contact us using the contact information below.
If no Service Agreement applies, and unless required otherwise by applicable law, jurisdiction and venue will be in the State and Federal Courts of New Haven County, Connecticut, under Connecticut law, without regard to its conflicts of laws principles.
Agreement to Arbitrate Disputes
In cases where no Service Agreement applies between you and us, by using the Platform
you agree that this Agreement to Arbitrate Dispute applies.
- Who Is Bound to Arbitrate: For purposes of this Agreement to Arbitrate Disputes Agreement to Arbitrate Disputes, the term “us” or “we” includes not only our company, but also its officers, directors, agents, parents, subsidiaries, successors, assigns, and employees, to the extent such persons are named as co-defendants with us or an affiliated entity that employs them, if applicable. The term “you” includes you, your heirs, successors, and assigns.
- Commencing Arbitration: A party may commence an arbitration proceeding by serving a demand for arbitration on the other party by overnight delivery or First-Class certified U.S. Mail, postage prepaid, to the last known address of the other party. All claims shall be decided by a single, neutral arbitrator jointly chosen by the parties. If for any reason the parties cannot agree on an arbitrator, either party may apply to a court of competent jurisdiction in the location were the arbitration will be conducted for appointment of a neutral arbitrator. A court-appointed arbitrator shall act under this Agreement with the same force and effect as if selected by the parties.
- Arbitration Proceedings: Each party shall have the right to take discovery, bring dispositive motions, and call witnesses and present evidence as necessary to put forward its claims and/or defenses. Any decision rendered in such arbitration proceeding shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.
- Costs and Fees: In all cases where required by law, we shall pay the arbitrator’s and arbitration fees. If under applicable law we are not required to pay all of the arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the parties in accordance with applicable law. Each party shall pay the fees of its own attorneys. However, the arbitrator shall have the power to award attorney’s fees and costs in accordance with applicable law.
- Class Action Waiver: Neither party shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative, class member, or in a class-wide or private attorney general capacity.
- Confidentiality: You and we agree that any arbitration hereunder and any documents prepared in connection with any arbitration shall be confidential, and unless otherwise required by law, the existence, content, or result of any arbitration shall not be disclosed to any third party without the prior written consent of both parties.
Your decision to opt-out will have no adverse effect on your relationship with us.
You have the right to consult with an attorney of your choosing concerning these Terms of
Use and the Agreement to Arbitrate Disputes.
ARC Consulting, LLC
820 Columbia Street
Orange, CT 06477
E-mail: [email protected]