Visor, Inc. (DBA ARCH)
TERMS OF SERVICE
Date of Last Revision: February 20th, 2025
1.1. Terms of Service. The terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”) govern your use of Arch’s Marketing AI services, described in Section 3.1 below (the “Services”), and all other products, services, content, tools, features, functionalities, and technologies offered by or through Arch (collectively, the “Service”), in each case operated by or on behalf of Visor, Inc. (“Arch,” “we,” “us,” or “our”). By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1.2. User. For purposes of these Terms of Service, “you” or “your” refers to you as the user of the Service. If the individual accepting these Terms of Service is acting on behalf of an entity, such individual represents and warrants that they have the right, power and authority to act on behalf of and bind such entity and “you” or “your” or shall refer to such entity.
1.3. Changes to these Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect, either through the Service user interface, or email via the email address associated with your Account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to these Terms of Service is not acceptable to you, your only remedy is stop using the Service.
1.4. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 14 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARCH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 14.
At Arch, we respect the privacy of our users. For more information regarding how we handle the information you provide to us when you use the Service, please see our Privacy Policy. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
3.1. Arch provides a proprietary Marketing AI service designed to streamline marketing workflows and optimize campaign performance. Our software analyzes your existing customer data to generate customer profiles for targeted marketing campaigns. The Marketing AI service includes a campaign collateral editing tool that enables users to create and modify marketing materials. Additionally, the service allows users to distribute marketing communications via physical mail and digital channels, including email, to prospective customers identified by our platform. If you choose to export customer lists generated by our platform, you assume full responsibility for the use of such data outside of our platform, including compliance with all applicable laws and regulations. Arch disclaims any liability for actions taken with exported data beyond the scope of our services.
3.2. Eligibility; Engagement. The Service is solely for use by businesses conducting operations in the United States. To utilize the Service, you agree to provide and maintain true, accurate, current, and complete information as required by Arch. You are responsible for maintaining the confidentiality of any sensitive information provided to you and are fully responsible for any and all activities that occur in connection with your use of the Service. You agree to immediately notify Arch of any unauthorized use or any other breach of security.
3.3. Cooperation and Data Provision. You may desire to integrate the Service with other products or services you use, such as your customer relationship management platform. You will be solely responsible for obtaining all necessary permissions and authorizations from third-party service providers to enable the Service to access your account(s) with such third-party service providers and to receive all applicable data and information from the product or service provided by such third-party service provider. In addition to the foregoing, you will provide assistance and/or information as reasonably requested by us in connection with the execution of the Service. We will be excused from meeting specified deadlines or performing specified responsibilities to the extent our delays or failures are caused by your delays or failures in providing us with reasonable cooperation or access to information or documentation necessary for the performance of our services.
3.4. Access; Restrictions. You may use the Service only for your internal business purposes. You shall not (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, or underlying structure, ideas, know-how, or algorithms relevant to the Service (except to the extent such restrictions are contrary to applicable law); (b) modify, translate, copy, or create derivative works based on the Service; (c) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; (d) interfere with the Service or its related systems or networks; (e) circumvent, remove, alter or thwart any technological measure or content protections of the Service; (f) use any automatic device, process, or software that intercepts, mines, scrapes, extracts, or otherwise accesses the Service to monitor, extract, copy, or collect information or data from or through the Service; (g) introduce any viruses, trojan horses, worms, bombs, or other materials that are malicious or technologically harmful into our systems; (h) use the Service for illegal, harassing, unethical, or disruptive purposes; or (i) access or use the Service in any way not expressly permitted by these Terms of Service. You shall also comply with any codes of conduct, policies, or other notices we may provide you or publish in connection with the Service.
3.5. Usage Limits. Your use of the Service may be subject to the usage limits as indicated in accordance with the subscription plan you select (Starter, Growth, Enterprise plans). If you need to exceed your current usage limit as dictated by your subscription plan, you must purchase a different subscription plan for additional usage of the applicable Service. You shall be responsible for paying any excess usage fees. Upon purchase of the new plan, you will be subject to the pricing and terms of that plan going forward for the remainder of your subscription term.
3.6. Modifications. We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Arch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
3.7. Duration. You agree to the minimum time period stated in the invoicing contract unless otherwise agreed upon in writing.
3.8. Artificial Intelligence Services
The Service utilizes artificial intelligence and machine learning technologies to analyze data and generate marketing recommendations. You acknowledge that:(a) AI-generated predictions and recommendations are provided "as-is" without guarantee of accuracy(b) Campaign performance may vary based on multiple factors outside of our control(c) Human review may be required for AI-generated content(d) We maintain sole discretion over AI model operation and updates
4.1. Your Data. You are solely responsible for all data, information, other materials that are uploaded, posted, delivered, provided or otherwise transmitted or stored by you or on your behalf through the Service, including all data pulled from third party products or services that you connect to the Platform (collectively, “Your Data”). If any of Your Data contains personal information, we will use such information in accordance with our Privacy Policy. As between the parties, subject to Arch’ rights under Section 4.2, you own all right, title and interest in and to Your Data.
4.2. Data License. You hereby grant us a non-exclusive, royalty-free, fully-paid, worldwide license (with the right to sublicense) to access, use, reproduce and create derivative works of Your Data to (a) provide the Service to you and otherwise fulfill our obligations hereunder during the term of your subscription period and (b) to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other products and services we may offer at any time. Furthermore, we may collect and analyze data and other information relating to your usage of the Service and related systems and technologies (including, without limitation, information concerning your data and data derived therefrom), and we will be free (at any time, including after you cease using the Service) to use such information and data in connection with our conduct of our business, provided that any disclosure of your data shall be solely in aggregate or other de-identified form.
4.3. Data Security. We employ a number of commercially reasonable technical, organizational and physical safeguards designed to protect your data from accidental loss or destruction, unauthorized disclosure, or damage. However, no security measures are failsafe and we cannot guarantee the security of the your data. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your data.
4.4. Data Collection Permissions. You represent and warrant that:(a) You have obtained all necessary rights and permissions to share customer data with our Service (b) You have provided appropriate notices to and obtained required consents from customers regarding data collection and use for marketing purposes © You will maintain records of such permissions and promptly notify us of any withdrawn consents
5.1. Fees. To the extent the Service or any portion thereof is made available for any fee, you are responsible for the fees and contract duration applicable to the subscription plan you select and you will be required to provide information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize us (or the applicable Payment Processor) to bill your payment instrument for all amounts due to us. If we cannot do so for any reason, you remain responsible for any uncollected amounts, and we reserve the right to invoice you, which invoices are due within seven (7) days after your receipt thereof. If you pay through ACH, you authorize us (or the applicable Payment Processor) to initiate ACH transfers from your bank account to recover amounts owed to us on or after the date the amounts become owed. You also authorize us (or the applicable Payment Processor) to initiate ACH transfers to your bank account to correct payment errors. We are not liable for any fees assessed by your bank or other third party associated with the ACH transfers to or from your bank account. You will promptly notify us of any changes to your bank account or other payment method on file. You will reimburse us for all reasonable costs and expenses incurred (including reasonable attorneys’ fees) in collecting any late payments or interest. We reserve the right to suspend your use of the Service in the event of payment delinquency or failure to abide by the Payment Processor’s terms of service. You will be responsible for all taxes associated with the Service, other than taxes based on our net income.
5.2. Payment Processing. Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENT FOR YOUR USE OF THE SERVICE. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”) and other third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”) and any other applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements and any other applicable Payment Processor Agreements for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. We assume no liability or responsibility for any payments you make through the Service.
6.1. Arch Rights. The “look and feel” of the Site and Platform, all content thereon and the technology and software underlying the Service or distributed in connection therewith are the sole and exclusive property of Arch, its affiliates, and its licensors. Any rights not expressly granted herein are reserved by Arch.
6.2. Trademarks. The Arch name and logos (collectively the “Arch Trademarks”) are trademarks and service marks of Arch. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Arch. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Arch Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Arch Trademarks will inure to our exclusive benefit.
6.3. Feedback. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Arch are non-confidential and Arch will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Arch has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Arch, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Arch enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Arch will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
8.1. Confidential Information. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose Confidential Information. Confidential Information of Arch includes non-public information regarding features, functionality and performance of the Service, and pricing terms for the Service. The Receiving Party agrees: (a) to use at least the same care and precaution in protecting the Disclosing Party’s Confidential Information as the Receiving Party uses to protect its own proprietary information and trade secrets, but in no event less than a reasonable degree of care and (b) not to use or disclose to any third person any of Disclosing Party’s Proprietary Information except for the Receiving Party’s employees, attorneys, advisors and potential investors who are bound by written agreement to keep such information confidential. This Section 8 will not apply to the protection of Your Data, which is subject to the terms of Section 4.3.
8.2. Exceptions.
The Disclosing Party agrees that the foregoing Section 8.1 shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
8.3. Disclosure by Law. Notwithstanding this Section 8, the Receiving Party may disclose the Confidential Information of the Disclosing Party in the event that the Receiving Party receives a subpoena or other government process that purports to require the production of Confidential Information of the Disclosing Party for use in an action or proceeding, provided that the Receiving Party shall (a) promptly inform the entity issuing such subpoena or other government process of the existence of these Terms of Service, (b) promptly inform the Disclosing Party of the receipt of such subpoena or other government process and (c) not oppose any effort by the Disclosing Party to quash or limit any such subpoena or other government process. In the event the Disclosing Party fails to intervene to quash or limit such subpoena or other government process after being given notice and a reasonable opportunity to do so or such intervention fails or is denied by a court of competent jurisdiction, such Confidential Information may be produced; provided, that such Confidential Information shall not lose its confidential status through such use and the Receiving Party shall take all reasonable and necessary steps to maintain the confidentiality of such Confidential Information during such use.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Arch, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Arch Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of another. Arch will provide notice to you of any such claim, suit, or proceeding. Arch reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Arch’ defense of such matter. You may not settle or compromise any claim against the Arch Parties without Arch’ written consent.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ARCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE ARCH PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ARCH PARTIES WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ARCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, OR (B) ANY OTHER DAMAGES OR LOSSES IN EXCESS OF THE GREATER OF (I) THE AMOUNT YOU HAVE PAID ARCH IN THE LAST SIX (6) MONTHS AND (II) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
You agree that we, in our sole discretion, may suspend or terminate your use of the Service, for any reason, including for lack of use or if we believe that you have violated these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any information and data (including Your Data) associated with your use of the Service, except where prohibited by applicable law. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service. Sections 4 through 17 shall continue to apply to you notwithstanding any termination of your access to the Service.
You may not remove or export from the United States or allow the export or re-export of the Service or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Platform software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of these Terms of Service and will be prohibited except to the extent expressly permitted by the terms of these Terms of Service.
14.1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Arch, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Arch are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
14.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ARCH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ARCH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
14.3. Pre-Arbitration Dispute Resolution. Arch is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at the email address set forth in Section 17. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Arch should be sent to the mailing address listed in Section 17 below (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Arch and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Arch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Arch or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Arch is entitled.
14.4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
14.5. Seat of Arbitration. Unless Arch and you agree otherwise, any arbitration hearings will take place in Los Angeles, California. If your claim is for $10,000 or less, Arch agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
14.6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Arch or you under the AAA Rules, Arch and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Arch will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Arch will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
14.7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 14.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 14.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
14.9. Opt-Out. You have the right to opt-out and not be bound by this Arbitration Agreement by sending written notice of your decision to opt-out to the U.S. mailing address listed in Section 17 below. The notice must be sent to us within thirty (30) days of your registration with the Service or agreement to these Terms of Service (or if this Arbitration Agreement is amended hereafter (other than a change to the Notice Address), within thirty (30) days of such amendment being effective) and such notice must specify your name and mailing address. If you opt-out of this Arbitration Agreement, we will also not be bound by the terms of this Arbitration Agreement.
These Terms of Service constitute the entire agreement between you and Arch governing your access and use of the Service, and supersede any prior agreements between you and Arch with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You may not assign these Terms of Service without the prior written consent of Arch, but Arch may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you shall be made by email to the email address associated with your Account. Arch will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Arch’ reasonable control.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth in Section 17 below.
Please contact us at phil@getarch.com / 440 N BARRANCA AVE #4011 COVINA, CA 91723 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.