TERMS OF SERVICE

This Terms of Service Agreement (“Agreement”) is a binding contract between Archicheck LLC, a New York limited liability company (“Archicheck”) and any purchaser of the Archicheck program offered for sale online at: https://thearchicheck.com (“Purchaser,” the “Program”). 

1. Use of the Program.  Upon payment, Purchaser has the right to use the Program for its intended purpose, namely, to assist Purchaser and team members coordinate tasks and decisions in architectural, design and building projects. The Program shall only be used by Purchaser and team members invited to use the Program by Purchaser.
   
2. Payment.  Payment for the Program is subscription based.   If Archicheck cannot charge your credit card or other payment method provided to us, we have the right to terminate this Agreement, your account and access to the Program.  Purchaser is responsible for any costs of collection for non-payment.  If you cancel your account prior to the end of your subscription period, you will not receive a refund.
   
3. Prohibited Uses.  Purchaser shall not: (i) make copies of the Program or share the Program with parties not authorized to access the Program; (ii) use the Program to defame, abuse, harass, solicit or otherwise violate the rights of third parties using the Program; (iii) remove any notices from the Program or otherwise alter the Program such that it is unusable; (iv) use the Program in violation of any applicable law or policy; (v) violate the Terms of Use or Privacy Policy set forth on the Archicheck website (https://thearchicheck.com); (vi) use the Program for the purpose of creating a competing program or service or to the commercial disadvantage of Archicheck.  Any violation of these restrictions as determined in the sole discretion of Archicheck is grounds for termination of this Agreement and your use of the Program.  Purchaser is responsible for monitoring use of the Program by any team members Purchaser invites to use the Program.  Any misuse of the Program should be reported to Archicheck.
   
4. Term and Termination.  This Agreement shall remain in effect so long as the Program is available for purchase from Archicheck, Purchaser is current with payments for the Program and has not violated the terms of this Agreement.   Upon termination, Purchaser shall no longer have access to the Program or the information contained therein.
   
5. No Ownership.  Purchaser acknowledges and agrees that Archicheck is the sole owner of all right, title and interest in the Program, and that purchase and use of the Program by Purchaser does not in any way transfer any rights or interests in the Program from Archicheck to Purchaser.
   
6. No Endorsement.  Archicheck does not endorse or recommend any products or services posted or uploaded to the Program by Purchasers or team members.  Images posted to the Program may not appear the same off-line, and Purchaser should not rely on the Program as a replacement for off-line inspection of products posted on the Program.
   
7. Maintenance and Support.  Archicheck shall make commercially reasonable efforts to assist Purchasers with questions related to their use of the Program.
   
8. Disclaimer. The Program is provided on an “as is” and “as available” basis.  Purchasers use the Program at their own risk.  To the fullest extent permitted by law, Archicheck disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, or freedom from computer virus. Archicheck does not make any representations or warranties as to the operation of the Program or the accuracy of its content.
   
9. Limited Liability.  TO THE FULLEST EXTENT PERMITTED BY LAW, PURCHASER’S SOLE REMEDY FOR DAMAGES ARISING OUT OF OR RELATED TO PURCHASE AND USE OF THE PROGRAM SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FOR THE PROGRAM FOR ONE MONTH, OR FIFTY ($50.00) DOLLARS, WHICHEVER IS HIGHER. UNDER NO CIRCUMSTANCES SHALL ARCHICHECK, ITS PARENT COMPANY OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, DAMAGE TO PROPERTY, ARISING OUT OF OR RELATED TO ANY PURCHASER’S USE OF THE PROGRAM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARCHICHECK WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
   
10. Indemnification. Purchaser shall defend, indemnify, and hold Archicheck harmless from and against any and all claims, damages, losses, liabilities, costs and obligations (including attorneys’ fees) arising out of Purchaser’s: (a) use of the Program; (b) breach or alleged breach of this Agreement; (c) violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders in connection with your use of the Program.  For purposes of this Agreement, actions by Purchaser’s invited team members are attributed to Purchaser.  This indemnification obligation survives termination of this Agreement.
    
11. Class Action Waiver. Purchaser waives any and all right to pursue class action claims based on use of the Program. 
    
12. Entire Agreement.  Other than the Archicheck Terms of Use and Privacy Policy, which are hereby incorporated herein by reference, this Agreement is the sole and entire agreement between Purchaser and Archicheck with respect to purchase and use of the Program, and supersedes any prior agreement, whether written or oral.
    
13. Electronic Communication.  By setting up an account you consent to receiving electronic communications from Archicheck. These electronic communications may include notices about applicable fees and charges, your account and other information concerning or related to the Program.
    
14. Free Trials.  This Agreement applies to any free trial periods granted by Archicheck for use of the Program.
    
15. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
    
16. General.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its internal law governing conflict of laws. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the State and Federal courts located in Suffolk County, New York.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed a waiver of any other term, and Purchaser’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    
17. Contact.  Any concerns or questions regarding this Agreement can be sent to Archicheck at: info@thearchicheck.com.