TERMS OF USE
LAST UPDATED September 29, 2020
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Arcon Credit Solutions, LLC (“we,” “our, “us”) provides this website found at arconcredit.com (“Site”) subject to your compliance with the terms of use set forth in this agreement (“Agreement”). As used herein, “you” or “your” refers to anyone who accesses and/or uses any portion of this Site. This Agreement governs the relationship between us and you with respect to your use of the Site. It is important that you read carefully and understand this Agreement. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE AGREEMENT AND AGREE TO BE BOUND BY THE AGREEMENT. If you do not agree, you must not use the Site.
We may, at any time, at our sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.
Further, we reserve the right, at any time, to discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any suspension, discontinuance of the Site or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us at the following address: 8425 Seasons Pkwy Ste 105 Woodbury, MN 55125-4393 or (833) 976-0969.
- Important Notices. We make available the information and materials on the Site (the “Materials”) for general informational purposes only. Further, the Materials are general in nature and may not apply to particular factual or legal circumstances; thus, the information contained therein must not be relied on as credit, investment, or legal advice. In addition, unsolicited emails and information sent to us do not create a relationship with us, will not be considered confidential and may be disclosed to others pursuant to our Privacy Policy.
- Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
- Use the Site for any fraudulent or unlawful purpose.
- Impersonate any person or entity, including, but not limited to, any Site employee, agent or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse or other harmful code.
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about our attorneys, other employees and representatives identified on the Site, without their express consent.
- Sell, resell, transfer, license or exploit, for any commercial purposes, any use of or access to the Site or the Materials.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Materials.
- Frame or mirror all or any part of the Site without our prior express written authorization.
- Exploit the Site for any commercial gain.
- Access or use the Site in a manner that, in Arcon Credit Solutions’ sole discretion, could damage, disable, overburden, or impair the Site, or interfere with any other party’s access to and/or use of the Site.
You agree that Arcon Credit Solutions, in our sole discretion, may suspend or terminate your access to or use of the Site and to remove and discard any content within the Website, for any reason, if we believe you acted inconsistently with the terms of this Agreement. In our sole discretion, we may also refer suspected fraudulent, abusive, or illegal activity on the Site to appropriate law enforcement authorities. You agree that we may terminate your access to or use of the Site without prior notice.
You Must be Eighteen (18) Years of Age: The Site is only intended for use by adults. If you are under 18, you may use the Site only with the permission and involvement of a parent or legal guardian.
- Arcon Credit Solutions’ Proprietary Rights. You acknowledge and agree that the Site and the Materials are, and shall remain, the property of Arcon Credit Solutions and/or its licensors and are protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with this Agreement, we do grant to you a limited, personal, revocable, non-transferable and non-sub licensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use.
Trade names, trademarks and service marks of Arcon Credit Solutions include “Arcon Credit Solutions” and any associated logos. All trade names, trademarks and service marks on the Site that are not owned by us or our affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by Arcon Credit Solutions or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s product or service or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any right or license to use any of Arcon Credit Solutions’ (or its affiliates’) trade names, trademarks or service marks without our (or the relevant affiliate’s) prior express written permission.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ALL CONTENT, MATERIALS AND FUNCTIONALITY ON THE SITE, ARE PROVIDED “AS IS”, AND ARCON CREDIT SOLUTIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR ANY PARTICULAR PURPOSE. ARCON CREDIT SOLUTIONS FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS.
- LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL ARCON CREDIT SOLUTIONS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF ARCON CREDIT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCON CREDIT SOLUTIONS OR ANY OF ITS AFFILIATES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF ANY PART OF THIS SITE EXCEED $100. IF STATE LAW DOES NOT ALLOW THE LIMITATION OF DAMAGES SET FORTH IN THIS SECTION, ARCON CREDIT SOLUTIONS AND ITS AFFILIATES’ LIABILITY FOR DAMAGES IN CONNECTION WITH THIS SITE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE STATE LAW.
- You agree to defend, indemnify, and hold harmless Arcon Credit Solutions and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages (actual or consequential), injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) of any kind of nature, known or unknown, relating to or arising from your use of or conduct on the Site.
- Links to Other Websites. This Site may include links to other websites that are not under Arcon Credit Solutions’ control. We provide these links for your information and convenience only and do not endorse the content of such linked websites. Arcon Credit Solutions expressly disclaims any responsibility for the content or availability of any linked website, or any link contained in a linked website. When you access any of the third-party sites linked to this Site, you do so solely at your own risk.
- You may not assign or otherwise transfer this Agreement or your rights, duties and obligations herein, in whole or in part, without Arcon Credit Solutions’ prior written consent. Any attempted assignment, delegation, or transfer shall be void, of no effect, and a material breach of this Agreement. You understand and agree that Arcon Credit Solutions may assign its rights under this Agreement, in whole or in part, and may delegate its rights and responsibilities or utilize third party contractors or agents to fulfill its obligations under this Agreement.
- Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State Minnesota, without regard to the choice or conflicts of law provisions of any jurisdiction.
- You acknowledge and agree that in the event any provision of this Agreement is found by a court of competent jurisdiction or a similar adjudicating body to be void, invalid or otherwise unenforceable, unless it materially affects the entire intent and purpose of this Agreement, shall not affect the validity these Terms of Use or any of the remaining provisions herein. In such event, said provision shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
- English Version Prevails. In the event this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail.