Terms of Service

THRIVEWIRE™ TERMS OF USE

DESCRIPTION OF SERVICE AND DEFINITIONS:

Welcome to the ThriveWire™ an ArcherVision, Inc.™ network!  ArcherVision, Inc.™ (“ArcherVision™,” “we,” or “our”) provides an online video and digital publishing service (the “Service”) offering a selection of content (collectively, the “Content”), which is available for permissible viewing only at ThriveWire.com™ (the “Site” or the “ArcherVision™ Site”).   Use of the Service and viewing of the Content is specifically subject to these Terms of Use and any other license or agreement that might be triggered by your use.

ACCEPTANCE OF TERMS OF USE, INCLUDING FUTURE CHANGES:

By visiting the Site, viewing any Content, or using any Service, you are agreeing to these ArcherVision™ Terms of Use.  We may amend or supplement the Terms of Use at anytime without notice.  If we amend or supplement the Terms of Use in the future, we will post the information on the ArcherVision™ Site.  If you have any questions, please contact us at:  legalterms@archervision.com.

We may change, suspend, or discontinue – temporarily or permanently – some or all of the Service (including the Content and the devices through which the Service may be accessed), with respect to any or all users, at any time without notice. You acknowledge that ArcherVision™ may do so in ArcherVision’s™ sole discretion. You also agree that ArcherVision™ will not be liable to you for any modification, suspension, or discontinuance of the Content or Service.

ACCESS TO AND USE OF THE SERVICE:

The Service is not designed or intended to be used by children without the involvement and approval of a parent or legal guardian.  If you are under the age of 13, you are not permitted to register with ArcherVision nor provide any personal information to ArcherVision™. If you are at least 13 years old but under 18 years of age, your parent or legal guardian may allow you to set up an account.

By setting up an Account, you will be granted a non-exclusive license to view the Content for your personal, non-commercial use, solely on the ArcherVision™ Site.  You are permitted to view the Content on a streaming-only basis.  You cannot use or do anything else with the Content.  For example (but not by way of limitation), you may not copy Content, distribute or transmit Content, download Content, archive or store Content, embed any material into Content, nor embed any portion of Content into other materials or sites.

Some of the Content may contain copyright, trademark and other notices on it.  In addition, some of the Content will be subject to digital rights mechanisms and geo-filtering.  You may not remove or attempt to circumvent any of these, either directly or indirectly (such as through the use of a device, software, internet site or service).  Likewise, as with all Content, you may not, directly or indirectly, copy, alter, remove, interfere with or bypass any copyright, trademark, or other proprietary notices, digital rights management programs, and geo-filtering.

Although it should go without saying, you may not build a business utilizing the Content, the Service or the Site, whether or not for profit.

Using technologies to access the Content from territories where ArcherVision™ does not have rights or does not offer services is strictly prohibited.

You understand and agree that ArcherVision™ owns and retains all rights to the Service. You further understand and agree that the Content you access and view as part of the Service is owned or controlled by ArcherVision™ and/or others with whom ArcherVision™ has an agreement.  The Service and the Content are protected by copyright, trademark, and other intellectual property laws.

You specifically understand and agree that you will not use the Service, the Site or the Content in any way that would violate others’ rights, such as copyright, trademark, trade secret, privacy, publicity, patent, etc.  You also specifically understand and agree that you will not attempt to access the Service or Content in any way that is not specifically permitted.  This means, for example, that you will not use automated means (such as ‘bots) to disrupt or exploit the Content or Service; that you will not attempt to introduce viruses, codes or files to disrupt or exploit the Content or Service; that you will not attempt to advertise or promote products or services without prior written agreement of ArcherVision™; that you will not attempt to use the Service, Site or Content to “spam” others or send communications to third parties; that you will not attempt to do anything that could violate these Terms of Use or any guidelines or policies posted by ArcherVision™; and that you will not encourage nor attempt to encourage others to do any of the forgoing.

ArcherVision™ has the absolute and sole right to determine if it believes you ever violate or threaten to violate the Terms of Use and can prohibit you from accessing the Site, the Service and Content as a result.

COLLECTION AND USE OF PERSONAL INFORMATION:

ArcherVision™ does not sell or share your personal information.   ArcherVision™ does aggregate information, and obtains metadata and analytics in connection with the Site.

USER REVIEWS, COMMENTS, AND OTHER MATERIAL:

As part of the Service, you may have an opportunity to submit or post comments or reviews.   All such submissions and postings are subject to these Terms of Use.

LINKED DESTINATIONS AND ADVERTISING:

If we provide links, access or pointers to other websites or destinations, you should not infer or assume that ArcherVision™ operates, controls, or is otherwise connected with such other websites or destinations. When you click on a link on the Site, we will not necessarily tell you that you have left the ArcherVision™ website and are subject to the terms and conditions (including privacy policies) of another website or destination.  In some cases, it may be less obvious than others that you have left the Site and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination (such as Facebook, if, for example, you choose to log in from your Facebook account) before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use to govern your use of another website or destination.

ArcherVision™ is not responsible for the content or practices of any website or destination other than the ArcherVision Site, even if it links to the ArcherVision™ Site and even if the website or destination is operated by a company affiliated or otherwise connected with ArcherVision™.  By using the Service and/or Site, you acknowledge and agree that ArcherVision™ is not responsible or liable to you for any content or other materials hosted or served from any website or destination other than the ArcherVision™ Site.

In the same way, you understand and agree that ArcherVision™ is absolutely not responsible for advertisements or any third party material posted on its Site, nor does it take any responsibility for the products or services provided by advertisers and third parties.  Any dealings you have with advertisers and third parties found while using the Service are between you and the advertiser or third party, and you understand and agree that ArcherVision™ is not liable for any loss or claim that you may have.

ARCHERVISION™ TRADEMARKS:

ArcherVision™, the ArcherVision™ logo, www.archervision.com™, www.ThriveWire.com™ and other ArcherVision™ marks, graphics, logos, scripts, and sounds are trademarks of ArcherVision™. None of the ArcherVision™ trademarks may be copied, downloaded, or otherwise exploited.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY RULES:<

YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE AND VIEWING OF THE CONTENT IS AT YOUR OWN RISK.  THE SERVICE, INCLUDING THE ARCHERVISION™ SITE, THE CONTENT, AND ANY OTHER INFORMATION OR MATERIALS CONTAINED ON OR PROVIDED THROUGH THE FOREGOING, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.   IN ADDITION, WITHOUT LIMITING THE FOREGOING, ARCHERVISION™ DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL ARCHERVISION™ OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND VENDORS (INCLUDING, WITHOUT LIMITATION, DISTRIBUTORS AND CONTENT PROVIDERS) (COLLECTIVELY, THE “ARCHERVISION™ PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICE OR ARCHERVISION™ SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ARCHERVISION™ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ARCHERVISION™ PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THE TERMS OF USE OR YOUR USE OF THE SERVICE OR VIEWING OF THE CONTENT. ARCHERVISION™ RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

DISPUTE RESOLUTION:

At ArcherVision™, we expect that our customer service team will be able to resolve most issues you may have using the Service.  So please do not hesitate to contact us with any concerns.   In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later.  If ArcherVision™ does not resolve your issue, then you have the right to file a lawsuit in Dallas County, Texas (and agree to Dallas as the sole and mandatory jurisdiction and venue to the exclusion of all others).  BOTH PARTIES WAIVE THEIR RIGHT TO A TRIAL BY JURY.

In addition, we think it makes sense to resolve our issues directly with you based on your individual situation; therefore, you understand and agree to resolve all disputes with ArcherVision™ only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be litigated or arbitrated on a class-action basis or brought by a purported class representative.

Please consult a lawyer if you do not fully understand these dispute resolution requirements. because they affect your rights.

VIOLATIONS BY OTHERS:

If you become aware of third parties violating these Terms of Use, please let us know at legalterms@archervision.com (subject line:  terms violation suspected).  ArcherVision™ may respond as it sees fit to claims of such violations.  You can not rely on ArcherVision’s™ decision in a particular case as an indication of what it might do in identical or similar cases.   All actions (or inactions or delays) by ArcherVision™ are without waiver of the Terms of Use or any other rights of ArcherVision™, including the right to take different action (or inaction) on identical or similar facts.

INTEGRATION, SEVERABILITY:

These Terms of Use and any end user license agreement that might accompany ArcherVision™ authorized applications, features and devices, constitute the entire legal agreement between you and ArcherVision™ and govern your use of the Site and the Service (including your viewing of the Content) and completely replaces any prior agreements between you and ArcherVision™ in relation to the Site and Service.  No ArcherVision™ employee or representative is authorized to make any verbal agreements with you of any kind.  Accordingly, these Terms of Use (as may be amended or supplemented by ArcherVision™ from time to time) are what governs our relationship.  The Terms of Use operate to the fullest extent of the law.  Should any portion ever be held unlawful or unenforceable, then that portion alone shall be severed from the remaining Terms of Use and all other provisions will not be affected.

CONFIRMATION:

Please indicate below whether or not you agree with these ArcherVision™ Terms of Use.  All Accounts are governed by the Terms of Use so you will not be permitted to set up an Account and view all the Content unless you so agree.  Thank you!