Version 1.0
The Treat3D website located at https://treat3d.com is a copyrighted work
belonging to
Arfona Printing, LLC.
Certain features of the Site may be subject to additional guidelines, terms, or rules, which
will be
posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these
Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use
of the
Site. BY
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you
have the
authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO
ACCESS THE
SITE.
IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE
SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve
disputes and
also
limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable,
limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject
to the
following
restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or
otherwise
commercially exploit the Site; (b) you shall not change, make derivative works of,
disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not access the Site in order
to build a
similar or competitive website; and (d) except as expressly stated herein, no part of the
Site may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted
in any form
or by
any means unless otherwise indicated, any future release, update, or other addition to
functionality of
the
Site shall be subject to these Terms. All copyright and other proprietary notices on the
Site must be
retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to
you. You
approved
that Company will not be held liable to you or any third-party for any change, interruption,
or
termination
of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to
provide you
with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual
property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and its content
are owned by
Company or Company’s suppliers. Note that these Terms and access to the Site do not give you
any rights,
title or interest in or to any intellectual property rights, except for the limited access
rights
expressed
in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content
User Content. "User Content" means any and all information and content that
a user
submits
to the Site. You are exclusively responsible for your User Content. You bear all risks
associated with
use
of your User Content. You hereby certify that your User Content does not violate our
Acceptable Use
Policy. You may not represent or imply to others that your User Content is in any way
provided,
sponsored
or endorsed by Company. Because you alone are responsible for your User Content, you may
expose yourself
to
liability. Company is not obliged to backup any User Content that you post; also, your User
Content may
be
deleted at any time without prior notice to you. You are solely responsible for making your
own backup
copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid,
worldwide license
to
reproduce, distribute, publicly display and perform, prepare derivative works of,
incorporate into other
works, and otherwise use and exploit your User Content, and to grant sublicenses of the
foregoing
rights,
solely for the purposes of including your User Content in the Site. You hereby irreversibly
waive any
claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use
Policy":
You agree not to use the Site to collect, upload, transmit, display, or distribute any User
Content (i)
that
violates any third-party right or any intellectual property or proprietary right; (ii) that
is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar,
defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive,
promotes
racism,
bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is
harmful to
minors in any way; or (iv) that is in violation of any law, regulation, or obligations or
restrictions
imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any
software
intended to damage or alter a computer system or data; (ii) send through the Site
unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any
other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect,
gather or
assemble information or data regarding other users without their consent; (iv) interfere
with, disrupt,
or
create an undue burden on servers or networks connected to the Site, or violate the
regulations,
policies or
procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether
through
password
mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment
of the Site;
or
(vi) use software or automated agents or scripts to produce multiple accounts on the Site,
or to
generate
automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate
action
against
you in our sole discretion if you violate the Acceptable Use Policy or any other provision
of these
Terms or
otherwise create liability for us or any other person. Such action may include removing or
modifying
your
User Content, terminating your Account in accordance with Section 8, and/or reporting you to
law
enforcement
authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign
to Company
all
rights in such Feedback and agree that Company shall have the right to use and fully exploit
such
Feedback
and related information in any manner it believes appropriate. Company will treat any
Feedback you
provide
to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless,
including costs
and
attorneys’ fees, from any claim or demand made by any third-party due to or arising out of
(a) your use
of
the Site, (b) your violation of these Terms, (c) your violation of applicable laws or
regulations or (d)
your User Content. Company reserves the right to assume the exclusive defense and control of
any matter
for
which you are required to indemnify us, and you agree to cooperate with our defense of these
claims.
You
agree not to settle any matter without the prior written consent of Company. Company will
use
reasonable
efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites
and
services,
and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under
the control
of
Company, and Company is not responsible for any Third-Party Links & Ads. Company provides
access to
these
Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor,
endorse,
warrant, or make any representations with respect to Third-Party Links & Ads. You use all
Third-Party
Links
& Ads at your own risk, and should apply a suitable level of caution and discretion in doing
so. When
you
click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies
apply,
including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own
User
Content.
Because we do not control User Content, you acknowledge and agree that we are not
responsible for any
User
Content, whether provided by you or by others. You agree that Company will not be
responsible for any
loss
or damage incurred as the result of any such interactions. If there is a dispute between you
and any
Site
user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents,
successors, and
assigns from, and hereby waive and relinquish, each and every past, present and future
dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind
and nature,
that
has arisen or arises directly or indirectly out of, or that relates directly or indirectly
to, the Site.
If
you are a California resident, you hereby waive California civil code section 1542 in
connection with
the
foregoing, which states: "a general release does not extend to claims which the creditor
does not know
or
suspect to exist in his or her favor at the time of executing the release, which if known by
him or her
must
have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Treat3D uses
‘cookies’. These
cookies
are
used to store information including visitors’ preferences, and the pages on the website that
the visitor
accessed or visited. The information is used to optimize the users’ experience by
customizing our web
page
content based on visitors’ browser type and/or other information.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and company and our suppliers
expressly
disclaim
any and all warranties and conditions of any kind, whether express, implied, or statutory,
including all
warranties or conditions of merchantability, fitness for a particular purpose, title, quiet
enjoyment,
accuracy, or non-infringement. We and our suppliers make not guarantee that the site will
meet your
requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or
will be
accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If
applicable law
requires any warranties with respect to the site, all such warranties are limited in
duration to ninety
(90)
days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion
may not apply
to
you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so
the above
limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable
to you or
any
third-party for any lost profits, lost data, costs of procurement of substitute products, or
any
indirect,
consequential, exemplary, incidental, special or punitive damages arising from or relating
to these
terms or
your use of, or incapability to use the site even if company has been advised of the
possibility of such
damages. Access to and use of the site is at your own discretion and risk, and you will be
solely
responsible for any damage to your device or computer system, or loss of data resulting
therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained
herein, our
liability to you for any damages arising from or related to this agreement, will at all
times be limited
to
a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not
enlarge this
limit. You agree that our suppliers will have no liability of any kind arising from or
relating to this
agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential
damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in
full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at
any time for
any
reason at our sole discretion, including for any use of the Site in violation of these
Terms. Upon
termination of your rights under these Terms, your Account and right to access and use the
Site will
terminate immediately. You understand that any termination of your Account may involve
deletion of your
User Content associated with your Account from our live databases. Company will not have any
liability
whatsoever to you for any termination of your rights under these Terms. Even after your
rights under
these
Terms are terminated, the following provisions of these Terms will remain in effect:
Sections 2 through
2.5,
Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the
same. In
connection with our Site, we have adopted and implemented a policy respecting copyright law
that
provides
for the removal of any infringing materials and for the termination of users of our online
Site who are
repeated infringers of intellectual property rights, including copyrights. If you believe
that one of
our
users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and
wish to
have
the allegedly infringing material removed, the following information in the form of a
written
notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you
request us
to
remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is
not
authorized
by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of
perjury, that
you
are either the owner of the copyright that has allegedly been infringed or that you are
authorized
to
act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a
written
notification automatically subjects the complaining party to liability for any damages,
costs and
attorney’s
fees incurred by us in connection with the written notification and allegation of copyright
infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we
may notify you
by
sending you an e-mail to the last e-mail address you provided to us and/or by prominently
posting notice
of
the changes on our Site. You are responsible for providing us with your most current e-mail
address.
In
the event that the last e-mail address that you have provided us is not valid our dispatch
of the e-mail
containing such notice will nonetheless constitute effective notice of the changes described
in the
notice.
Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days
following
our
dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of
notice of the
changes on our Site. These changes will be effective immediately for new users of our Site.
Continued
use
of our Site following notice of such changes shall indicate your acknowledgement of such
changes and
agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your
contract with
Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION
AND A CLASS
ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in
connection with the
Terms
or the use of any product or service provided by the Company that cannot be resolved
informally or in
small
claims court shall be resolved by binding arbitration on an individual basis under the terms
of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held
in
English.
This Arbitration Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized
users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may
seek
arbitration, the party must first send to the other party a written Notice of Dispute
describing the
nature
and basis of the claim or dispute, and the requested relief. A Notice to the Company should
be sent to:
47
West Division Street, Suite 106, Chicago, IL 60610. After the Notice is received, you and
the Company
may
attempt to resolve the claim or dispute informally. If you and the Company do not resolve
the claim or
dispute within thirty (30) days after the Notice is received, either party may begin an
arbitration
proceeding. The amount of any settlement offer made by any party may not be disclosed to the
arbitrator
until after the arbitrator has determined the amount of the award to which either party is
entitled.
Arbitration Rules. Arbitration shall be initiated through the American
Arbitration
Association, an established alternative dispute resolution provider that offers arbitration
as set forth
in
this section. If AAA is not available to arbitrate, the parties shall agree to select an
alternative
ADR
Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except
to the
extent
such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the
arbitration
are
available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall
be conducted
by
a single, neutral arbitrator. Any claims or disputes where the total amount of the award
sought is less
than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based
arbitration, at the option of the party seeking relief. For claims or disputes where the
total amount
of
the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a
hearing will be
determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles
of your
residence, unless you reside outside of the United States, and unless the parties agree
otherwise. If
you
reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the
date, time
and
place of any oral hearings. Any judgment on the award rendered by the arbitrator may be
entered in any
court
of competent jurisdiction. If the arbitrator grants you an award that is greater than the
last
settlement
offer that the Company made to you prior to the initiation of arbitration, the Company will
pay you the
greater of the award or $2,500.00. Each party shall bear its own costs and disbursements
arising out of
the
arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance
based
arbitration
is elected, the arbitration shall be conducted by telephone, online and/or based solely on
written
submissions; the specific manner shall be chosen by the party initiating the arbitration.
The
arbitration
shall not involve any personal appearance by the parties or witnesses unless otherwise
agreed by the
parties.
Time Limits. If you or the Company pursues arbitration, the arbitration
action must be
initiated and/or demanded within the statute of limitations and within any deadline imposed
under the
AAA
Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will
decide the
rights
and liabilities of you and the Company, and the dispute will not be consolidated with any
other matters
or
joined with any other cases or parties. The arbitrator shall have the authority to grant
motions
dispositive of all or part of any claim. The arbitrator shall have the authority to award
monetary
damages,
and to grant any non-monetary remedy or relief available to an individual under applicable
law, the AAA
Rules, and the Terms. The arbitrator shall issue a written award and statement of decision
describing
the
essential findings and conclusions on which the award is based. The arbitrator has the same
authority
to
award relief on an individual basis that a judge in a court of law would have. The award of
the
arbitrator
is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS
TO
GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims
and
disputes
shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures
are typically
more limited, more efficient and less expensive than rules applicable in a court and are
subject to very
limited review by a court. In the event any litigation should arise between you and the
Company in any
state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU
AND THE
COMPANY
WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the
scope of
this
arbitration agreement must be arbitrated or litigated on an individual basis and not on a
class basis,
and
claims of more than one customer or user cannot be arbitrated or litigated jointly or
consolidated with
those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly
confidential.
The parties agree to maintain confidentiality unless otherwise required by law. This
paragraph shall
not
prevent a party from submitting to a court of law any information necessary to enforce this
Agreement,
to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found
under the law
to
be invalid or unenforceable by a court of competent jurisdiction, then such specific part or
parts shall
be
of no force and effect and shall be severed and the remainder of the Agreement shall
continue in full
force
and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall
not waive or
affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your
relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may
bring an
individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency
equitable
relief before a state or federal court in order to maintain the status quo pending
arbitration. A
request
for interim measures shall not be deemed a waiver of any other rights or obligations under
this
Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the
other party’s
patent, copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to
litigate in court,
the
parties hereby agree to submit to the personal jurisdiction of the courts located within
Netherlands
County,
California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in
other countries. You agree not to export, re-export, or transfer, directly or indirectly,
any U.S.
technical
data acquired from Company, or any products utilizing such data, in violation of the United
States
export
laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may
report
complaints to the Complaint Assistance Unit of the Division of Consumer Product of the
California
Department
of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or
by telephone
at
(800) 952-5210.
Electronic Communications. The communications between you and Company use
electronic
means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or
communicates
with you via email. For contractual purposes, you (a) consent to receive communications from
Company in
an
electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and
other
communications that Company provides to you electronically satisfy any legal obligation that
such
communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us
regarding
the
use of the Site. Our failure to exercise or enforce any right or provision of these Terms
shall not
operate
as a waiver of such right or provision. The section titles in these Terms are for
convenience only and
have
no legal or contractual effect. The word "including" means "including without limitation".
If any
provision
of these Terms is held to be invalid or unenforceable, the other provisions of these Terms
will be
unimpaired and the invalid or unenforceable provision will be deemed modified so that it is
valid and
enforceable to the maximum extent permitted by law. Your relationship to Company is that of
an
independent
contractor, and neither party is an agent or partner of the other. These Terms, and your
rights and
obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you
without
Company’s prior written consent, and any attempted assignment, subcontract, delegation, or
transfer in
violation of the foregoing will be null and void. Company may freely assign these Terms. The
terms and
conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All
trademarks,
logos
and service marks displayed on the Site are our property or the property of other
third-parties. You are
not
permitted to use these Marks without our prior written consent or the consent of such third
party which
may
own the Marks.
Contact Information
Arfona Printing, LLC
300 Sylvan Ave
Englewood Cliffs, NJ 07632
info@treat3d.com
