Argis Technologies, Inc. “Argis” Terms of Use
Updated: May 7th, 2024
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Acceptance of Terms
The services that Argis provides to you are subject to the following Terms of Use ("TOU"). Use of our Services in any manner constitutes your acceptance and agreement to these TOU. Argis reserves the right to update and modify the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. Updates of the TOU will be noted by the date at the top of this page.
Explanation of Services
As used in this Terms of Use Agreement, “Services” include but are not limited to products, applications, software, download areas, text, data images, photographs, video, technical support in response to requests, developer tools, product information, documentation, or services provided on any Web site (either collectively and or individually). Our Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Privacy and Protection of Personal Information
See www.z-focus.com/privacy for information relating to the collection and use of your personal data.
Content
All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of Argis or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you in this TOU are reserved and retained by Argis or its licensors, suppliers, publishers, rightsholders, or other content providers.
Software
Any software that is made available to download from the Services ("Software") is the patented work of Argis and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless they first agree to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Argis.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
When using the Services, you may have the opportunity to leave the Argis Web site in order to access and download additional content provided by third parties, including software, data, and imagery. You acknowledge that third-party content is solely the responsibility of the third-party content provider. These Terms of Use do not convey to you any rights to access or use third-party content (including copying, distributing, creating derivative works from, or publicly displaying). Access and use of third-party content may require that you agree to different or separate terms, conditions, and restrictions. Agreeing to any such terms and conditions will be between you and the third-party content provider and will not affect these Terms of Use or any separate agreements you may have with Argis.
Without limiting the foregoing, copying or reproduction of Argis software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
Trademarks and Logos
The Argis or Z-Focus Logo and other marks used in this Web site are trademarks or service marks (collectively, "Marks") of Argis Technologies, Inc. Other names appearing on this Argis Web site may be trademarks or service marks of their respective trademark owners. These Argis Marks may only be used where authorized by Argis or permitted by law. Any use not authorized by Argis shall be considered a material breach of these Terms of Use.
Representations and Exclusion of Warranties
Software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Argis hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, Argis may make available as part of the Services or in its software products, tools and utilities for use and/or download. Argis does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available through the Services or in Argis software products.
Argis and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All Services are provided "as is" without warranty of any kind. Argis and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this Service, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. in no event shall Argis and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from use, loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the Service.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Argis and/or its respective suppliers may make improvements and/or changes in the Services, product(s) and/or the program(s) described herein at any time.
THE SERVICES PROVIDED ON THIS ARGIS WEB SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN PARTICULAR, YOU UNDERSTAND THAT Argis AND ITS AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE SERVICES PROVIDED IN THIS Argis WEB SITE WILL BE: 1) AVAILABLE TO YOU UNINTERRUPTED IN A SECURE FORM; 2) ACCURATE OR FREE FROM ERROR; OR 3) FIT TO USE IN YOUR APPLICATION, FOR YOUR PURPOSES, OR ACCORDING TO YOUR REQUIREMENTS OR NEEDS. Argis IS UNDER NO OBLIGATION TO CORRECT ANY ERRORS OR INCONSISTENCIES IN THE SERVICES.
In no event shall Argis and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing Argis with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Argis immediately of any unauthorized use of your account or any other breach of security. Argis will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Argis or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Argis server, or the network(s) connected to any Argis server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Argis server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not attempt to copy or change, alter or otherwise attempt to modify the Services or these TOU.
Term and Termination
These Terms of Use shall continue to apply until terminated by you or by Argis. Termination may only occur as provided in this section.
Termination by You.
You may terminate these Terms of Use by (a) sending a letter to Argis Technologies, PO Box 461677, Aurora, Colorado 80046 Attn: Contracts and Legal Services. Your request should express clearly in English your desire to terminate these Terms of Use ("Termination Letter") and (b) ceasing and discontinuing your use of all Services on or before sending the Termination Letter to Argis. Continued use of the Services after sending the Termination Letter constitutes your acceptance and agreement to these Terms of Use.
Termination by Argis. Argis may terminate these Terms of Use if: (a) you have breached the terms and conditions provided in these Terms of Use through either your action or inaction; (b) you have breached an agreement you have with Argis relating to the use of Argis products or services; (c) Argis discontinues the Services on which these Terms of Use are based; or (d) Argis at its sole discretion, believes that it is in Argis’ best commercial interest to terminate these Terms of Use.
General Terms
No Implied Waivers.
The failure of either party to enforce any provision of these Terms of Use shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.
Severability.
The parties mutually agree that if any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.
Language.
You agree that the English language version of these Terms of Use shall govern their interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English language version.
Successor and Assigns.
You shall not assign or otherwise transfer your rights or delegate your duties under these Terms of Use without Argis's prior written consent. Any attempt to do so without Argis's consent shall be void.
Governing Law, Dispute Resolution.
The laws of the State of Colorado govern your relationship with Argis under these Terms of Use and shall be construed according to those laws without regard to conflict of laws principles. The parties agree to attempt in good faith to negotiate any conflict arising under these Terms of Use. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Arapahoe County any and all disputes not resolved within 30 days of notice. Notice to Argis shall only be proper if made by certified mail to Argis Technologies, PO Box 461677, Aurora, Colorado 80046 Attn: Contracts and Legal Services.
Equitable Relief.
You agree that your breach of these Terms of Use may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Argis shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief.
Integration.
These Terms of Use constitute the sole and entire agreement between the parties relating to your use of the Services; supersede any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and completely replace any existing agreements between the parties related to your use of the Services.
Notice. Customer may send notices required under this Agreement to Argis Technologies, Inc. at the following address:
Argis Technologies, Inc.
Attn: Contracts and Legal Services
PO Box 461677
Aurora, Colorado 80046
Tel: 303-482-2040
Email: info@argissolutions.com