Terms and conditions
Welcome to the new way of connecting maps with stories, tours, historical material, terrain descriptions, and any sort of content for the development you might have! We're glad you appreciate the need for this connectivity to let users process and digest key information where a map is fundamental for a deeper comprehension of the data.
This website, www.arrivedo.com (the "site"), is owned and operated by KipuLab, Inc. and our affiliates ("Arrivedo", "we" or “us” or “our”). By using the site, services provided on the site, our proprietary software made available to you via the site, and the content generated via our Content Management System that we make available to you through our site after you sign-up (collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully as your use of our Services constitutes your agreement to the Terms set forth herein. If you don’t agree to these Terms, you may not use the Services.
These Terms are effective as of April 20th, 2020.
1. Signing up
In order to use most of our Services, you must register for or authenticate into an Arrivedo account. When you use our application program interfaces (APIs), each request to an API must include one of your account's unique API keys. When you use our application Content Management System (CMS), you will access via your unique account.
Please carefully guard the security of your account and monitor the use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.
If you use our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Arrivedo is not responsible for third party access to your account that results from theft or misappropriation of your account.
Our Services are intended solely for persons who are 13 or older. No part of Arrivedo is directed to persons under the age of 13. By creating an account you hereby warrant to be 13 years or older. Arrivedo does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.
You also grant that you won't post any content that might violate any of the terms of this Agreement; impersonate any person, company, or another user; create fake or multiple Arrivedo Accounts; index, crawl, decode, or decompile the Service or any portion thereof; or interfere with the Service’s access, network, security, or servers.
These terms form a legally binding contract between you and Arrivedo in relation to your use of our API, SDK, White Label, CMS, and our Services relating to Content Creation or Education.
2. Our Technology Services
Our Services are designed to help organizations attract, engage or train end-users in the search or creation of content connected to maps. You can create and manage certain content to feed your digital assets or an Arrivedo profile within our website. You use our API, SDK and White Label to create interfaces on your website or mobile applications. By accessing our CMS, or by hiring our Content or Educational Services you can create content connected to maps for your own purposes. Finally, educational persons or organizations give access to our technology and services to their students to help them learn how to build scalable quality and interactive content.
We grant you, subject to the Terms, a limited non-exclusive, non-sublicensable, non-transferable, revocable license, and rights to use the Services, which could include:
- Use the Services to develop online services and online, desktop, or mobile applications.
- Use the Services to develop educational programs where students access our CMS for the purpose of creating content connected to a map;
- Make the Services available to end-users in connection with their use of your online services either desktop or mobile applications; and
- Access our CMS to link content (text and images) with maps via places - and its latitude and longitude information - among other general content generation features.
If you are looking to use enterprise-only products and services or obtain additional volume-based discounts, contact us about an Enterprise plan. Please write us to email@example.com
Unless stated otherwise below:
- You may not cache, store, or export any Arrivedo content from the Services;
- You may not redistribute any Arrivedo content from the Services, including from a cache, by proxying, or by using a screenshot or other static image, instead of directly accessing via our APIs. The sold items must include attribution in accordance with our documentation;
- You may not resell or re-syndicate Arrivedo content from the Services to any third party (e.g., act as a reseller or service bureau), except to distribute the Arrivedo content your end-users as an integrated part of your application, or except as an authorized reseller.
Any new features which augment or enhance the current Services, including the release of new features or products, is also governed by the Terms.
3. Arrivedo API
The Arrivedo Application Program Interface (the "API") is licensed to you subject to these terms and conditions.
The "Arrivedo API" refers to our proprietary Application Program Interface that distributes all the necessary information about (1) your destination guides(s), (2) the list of articles contained in those guides, (3) the article content, and (4) provides the additional capabilities described in our documentation. In order to use the Arrivedo API, you need an API key to make an API request.
The data related to geolocation is properly distributed via our API to work with any mapping platform. Our CMS works in sync with Mapbox GL JS but feel free to use the map API of your choice, beyond Mapbox. If you opt to use Mapbox make sure to understand and comply with their terms and request access to Mapbox API separately.
Arrivedo API also distributes place information. Our CMS works with Foursquare to obtain latitude and longitude and the name of such a place. You can obtain additional place metadata such as images, hours of operation, place rating, category among other data via Foursquare, although it is not mandatory. If you do so, make sure to understand and comply with their terms and pricing. Feel free to use the places API of your choice, beyond Foursquare, but keep in mind that via our API we only distribute the foursquare id of every place.
You may not save, download or otherwise store or cache any content, data and/or information generated by Arrivedo API. You may not use the Arrivedo API to develop a general database of locations for any neighborhood, city, state, country, or another such geographic region, or to develop any other general-purpose digital map database.
4. Arrivedo SDK
The Arrivedo Software Development Kit (the "SDK") and specifically including the Arrivedo system files, packaged APIs add-ons, is licensed to you subject to these terms and conditions.
“Arrivedo SDK” refers to our proprietary Software Development Kits that (1) displays destination guide information, (2) article content connected with maps, and/or (3) provide the additional capabilities described in our documentation.
You may only use the Arrivedo SDK in web-based applications. If you want to use Arrivedo SDK on other platforms, in embedded devices, or to obtain additional functionality, please contact our sales team.
You may not save, download or otherwise store or cache any content, data and/or information generated by Arrivedo SDK. If you use any SDK function that uses the map, you must understand and comply with Mapbox's terms & services. You may not use the Arrivedo SDK to develop a general database of locations or road features for any neighborhood, city, state, country, or another such geographic region, or to develop any other general-purpose article and place database. You may not use any of the SDK features with content that was not created through our CMS, if you want to do so, you must contact our sales team first. You may not distribute the Arrivedo SDK (i) in human-readable form or (ii) on a standalone basis in any form. You may only distribute the Arrivedo SDK in compiled object code format as part of an application (a) licensed under these Terms, and (b) that you own or control. You are responsible for any use of the Arrivedo SDK by users of your licensed application(s).
By using the Arrivedo SDK, you acknowledge that the Arrivedo SDK might send analytics and/or usage data to determine SDK usage. You will (i) not prevent or interfere with the Arrivedo SDK sending data to us and (ii) ensure that you have obtained the necessary rights for use of the Arrivedo content as permitted under this Agreement. You acknowledge and agree that we may, free-of-charge and without restriction, exploit and make available the Arrivedo data collected.
5. Arrivedo White Label (iFrame Solution)
In the event, we give you access to our White Label configurator to include an iFrame in your website or mobile application you must (1) only use such features internally, (2) not resell, sublicense or share such points with any third party, and (3) only use such solution in compliance with the API and SDK terms set forth above. If you want to re-sell any of these features, please contact our sales team.
6. Licensing our Content Management System (CMS)
To populate your Arrivedo interfaces with your content you will create it via Arrivedo CMS. Specifically, you will either i. create your own content via your content team accessing our CMS, or ii. purchase content from Arrivedo Content Services who will access our CMS for you.
In the event you create content, accessing our Content Management System, either for yourself, for a third-party client or for a third party client via Arrivedo, you accept to:
Acquire a license(s) to access our CMS as part of:
- your API/SDK plan, either for small companies or for the enterprise plan; or
- your educational program where you or your organization has acquired plans for the students; or
- via free access as a Certified Arrivedo Writer, so you create content for Arrivedo itself or for Arrivedo clients that pay Arrivedo Technology Services.
- Create content as per the guidelines of these terms and conditions (see Content Via Arrivedo Platform or Arrivedo Content Services, among other sections in this document).
- Understand and comply with Foursquare's terms & services since place information is obtained through their API.
- Understand and comply with Mapbox's terms & services since route data is obtained through their API.
You also understand that by accessing our CMS you will have an account, with unique features and restrictions, as described here:
- For Writer: with permission to create content, although with limited ability to publish the content directly to official websites.
- For Editors: with permissions to create your own content, and also to edit and publish other writer’s content ready to be uploaded for administrators.
- For Administrators: with permissions to assign roles as writers and editors to your organization, and with the ability to upload published content directly to your official website, and finally, with the ability to eliminate content from your organización.
7. Arrivedo Content Services
As part of Arrivedo Content Services, we create content in multiple languages as part of our product offering. Our corporate clients decide to create content themselves via our CMS or to request our Content Services. If you purchase such services, you are ultimately responsible for the content created as you guide and approve all content generated via our platform.
We customize content packages for our clients as per their requests. For a unique content solution, please contact us to build a customized solution for you.
8. Arrivedo Educational Services
As part of Arrivedo Educational Services, we adapt your courses, program, and technology to let students and teachers access our CMS for the benefit of your unique learning goals. Our clients in the education sector request our Content Services. If you purchase such Services, you are ultimately responsible for the program created as you guide and approve such programs. If any content provided by Arrivedo is considered as proprietary you accept not to re-use except as for the extent of your license of the paid program.
We customize program packages for our clients as per their requests. For more information on our base pricing contact our team. All students, teachers, and developers must comply with our terms described here as they access our CMS, and/or our technology tools.
9. Content via Arrivedo platform
We do not endorse any of the content (such as but not limited to, text, photo, video, places recommended or described, or other materials) posted via our Services (“Content”) and we are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful.
- You might not use the Service to create or disseminate content that could be offensive, indecent, or objectionable. If you post Content or otherwise create (or allow any third party to create) Content available via our Services, you are entirely responsible for the Content, and any harm resulting from that Content.
We also have not reviewed, and cannot review, all of the material, made available through the websites and web pages that link to, or are linked from, Arrivedo.com or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such a website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Automatic websites.
10. Arrivedo for Writers and Editors
This Service is designed for Writers to apply to become certified by Arrivedo. A Writer (certified by Arrivedo) can obtain freelance jobs via Arrivedo, or via organizations directly or via our content platform. As used herein, the term “Writer Services” means all functionality made available through our Services to Writers. As used herein, the term “ Writer” means a user who accesses our CMS, including all the self-training material to understand how to use our CMS. Freelancer Writers and Editors (as defined below) will at all times be considered independent contractors and not employees of Arrivedo. Arrivedo reserves the right to approve or reject any writer based solely on our own criteria.
Arrivedo may make freelance writing opportunities available to Writers and Editors at its discretion from time-to-time. Arrivedo will set the price for such engagements in its own sole judgment. Arrivedo may select Writers who Arrivedo identifies as top contributors (by applying Arrivedo’s own metrics, subject to change) to contribute editorial or other services to the Service. Writers who are invited to participate as editorial contributors will need to pass a required evaluation. Writers who successfully approve the evaluation and accept such invitations will be identified as “Freelance Editors” in this Agreement. Freelance Editors may be informed of incoming opportunities to edit content. We do not guarantee any minimum number of engagement for any Freelance Writer or Editor.
Any new features which augment or enhance the current Writers Services, including the release of new products, are also governed by the Terms. In addition, we may (but are not required to) create additional terms for Writers. We reserve the right at any time to change or discontinue the Writers Services with or without notice. Writers agree that Arrivedo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Writer Services.
Arrivedo does not employ Writers or Editors. Writers and Editors are certified by Arrivedo but have no affiliation with Arrivedo; Writers and Editors are freelancers. Any freelance job between a Writer/Editor and Arrivedo is only a freelance opportunity with no obligation for Arrivedo other than the specified payment for such a freelancing job.
Arrivedo does not guarantee or warrant the credentials of any Writer or Editor. We only guarantee our Content Services. Arrivedo Writers and Editors might have direct conversations with potential clients although before creating any content for that specific case, the client will have to engage with Arrivedo to access our Technology Services.
IF AN ORGANIZATION AND WRITERS AGREE TO ENGAGE DIRECTLY WITH EACH OTHER THEY WILL DO SO SOLELY AT THEIR OWN RISK. UNDER NO CIRCUMSTANCE WILL ARRIVEDO BE LIABLE FOR ANY LOSS, LIABILITY, COST, OR EXPENSE INCURRED BY EITHER WRITERS OR ORGANIZATIONS THROUGH THEIR ENGAGEMENT.
11. Account Registration (for Writers, Editors, Admins, and Developers)
In order to have full access to our Services, you must create an account (“Arrivedo Account”). By registering in Arrivedo you understand we will send you an email for the double opt-in verification process.
By connecting your Arrivedo account to your Facebook or Google account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not log in through Facebook or Google. You agree to be bound by all applicable Facebook or Google terms and conditions.
Users expressly agree to receive both administrative and promotional emails from Arrivedo. These emails may include information about the Service, product updates, and (if applicable) writing and contribution opportunities. You may be able to opt-out of certain promotional emails by following the instructions contained in emails you receive. You will not be able to opt-out of administrative emails (including those which apply to update accounts or writing opportunities) unless you delete your account.
12. Fees and Renewal
You agree to pay all fees owed for your use of the Services as agreed as per websites (page rate). All charges are non-refundable unless expressly prohibited by applicable law.
We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Arrivedo. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Our listed fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us to help us obtain any necessary withholding or royalty tax exemptions where applicable.
Notwithstanding the foregoing, all payments made by you to us under these Terms will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.
13. Unlawful and other unauthorized uses
You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not (and are not 50% or more owned by one or more individuals, organizations or entities that are): (1) organized or located in a country or territory that is the target of sanctions imposed or (2) listed on any restricted or sanctioned party list maintained by the U.S. Government or any other country.
You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.
You may not use the Services to:
- Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- Aid or implementing practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin;
- Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Create a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
- Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- Interfere with or attempt to gain unauthorized access to any computer network;
- Host with, transmit to or provide to us any information that is subject to specific government regulation, including, without limitation, Protected Health Information (as defined in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) and information subject to export control or economic sanction laws;
- Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
- Transmit viruses, trojan horses, or any other malicious code or program; or
- Engage in any other activity reasonably deemed by Arrivedo to be in conflict with the spirit or intent of these Terms.
You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the Services, except as expressly permitted by a written license from us. Further, unless expressly prohibited under applicable law, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).
14. End users and notification
You may not allow your end-users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to make reasonable efforts to prevent such use. You agree to promptly notify Arrivedo in writing if you become aware of any misappropriation or unauthorized use of the Services.
In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.
16. Ownership - Your Content
You own the rights to Your Content unless you have written it for another client on our platform, such as a company purchasing that content. Companies creating content via Arrivedo Content Management System own the right to all of such content if they have purchased the content from Arrivedo or from another certified writer on our platform.
You understand that your Content should be unique and that you should not republish either original, adapted, or partial versions of the Content in Arrivedo on another platform.
We reserve the right to pre-screen user Content. We have the right (though no obligation), to refuse any Content you post or transfer to Arrivedo Services for any reason.
You can delete Your Content from Arrivedo and from your website at any time, though there may be a delay in removing it from our platform (CMS) due to operational requirements. We have no obligation to retain backup copies of your deleted content on our servers. If you delete your account or Content, it may be permanently unrecoverable. Writers are not allowed to delete Content once a client has purchased Content from them.
All content created by Freelance Writers or Editors will be considered “work made for hire” and, to the extent assigned in full from the Writer or Editor to Arrivedo or to one of Arrivedo clients, as applicable. For the avoidance of doubt, Writers and Editors will have no right in or to any such content. Furthermore, after a Writer or Editor provides content, the Writer or Editor will only be able to remove the article from public view from his or her Arrivedo account, although that article will remain public for the client’s account view. The Client has full permission to modify the Content as desired. The Writer can be de-linked from an article at any time if he or she wishes by contacting firstname.lastname@example.org. Clients can also remove writers from the client’s profile by emailing email@example.com.
For Writers and Editors: You are responsible for the Content you submit to Arrivedo and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights to the written content and images provided. Upon publishing, you represent that you own or have the necessary rights to post the Content via the Arrivedo platform, and that doing so doesn’t conflict with any other licenses you’ve granted. You can only post original Content on Arrivedo, or content that showcases the Creative Commons agreement and rights that make such content available for public reuse. If you’ve already posted the same Content elsewhere (personal blog, social media accounts, etc.) you can not republish that content on the Arrivedo platform unless you provide correct quotes or credits, and if you inform Arrivedo and the purchaser of such content.
We do not assume any responsibility for Content created by Writers or clients that may be available through the Website or via our API/SDK for our client’s website. We do not recommend or endorse such Content, and will not have any liability relating to it. Where we link to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to firstname.lastname@example.org.
If Writers publish content via Arrivedo.com with a free account, you declare that
- You own the rights to Your Content. If you publish the content in Arrivedo.com via a free account you grant to Arrivedo a perpetual, worldwide, royalty-free, sub-licensable license to distribute Your Content and any derivatives thereof. This may include displaying Your Content via Clients, for broader broadcast, distribution, or publication.; provided, however, that if Arrivedo makes a material change to Your Content (as determined solely by Arrivedo) it may remove your attribution credit from Your Content. The license described in this paragraph shall survive any termination of this Agreement.
- We will never sell the property of Your Content to third parties without your explicit permission. However, we can rent the Content to other providers who want to display information on their platform.
- You agree to allow others to view and distribute Your Content.
We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as an Arrivedo customer to promote and market our services. But if you want us not to use your logo or name in a particular way, just let us know, and we will respect that.
18. Account cancellation or suspension
We don't want you to leave, but you may cancel at any time. However, we do not give prorated refunds for unused time if you cancel during the middle of a billing cycle.
This Agreement will remain in full force and effect while you use the Service and/or have an Arrivedo account. At this stage, we don’t support disabling your account automatically. If you desire to do so, please communicate your intention via email@example.com. We don’t guarantee an immediate disabling of your account and we will do our best reasonable efforts to do so.
If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services.
Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your Service remaining right before we canceled your account.
Arrivedo may terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in our sole discretion. In addition, Arrivedo may cancel or suspend your account for any reason by providing you 30 days' advance notice.
The Company is not required to disclose and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Unless otherwise specified herein, this agreement constitutes the entire agreement between any type of users (end-user, Writers, Editors or Clients) and Arrivedo with respect to our Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Arrivedo with respect to our Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
20. Changes to services or terms
Arrivedo reserves the right, at its sole discretion, to modify the Application or Services or to modify this Agreement, including any future service fees, at any time and without prior notice. If we modify this Agreement, we will post the modification on our Website or via the Application or provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Application or Service after we have posted a modification on the Website or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Application and Service.
You agree to indemnify, defend and hold harmless Arrivedo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Application or Service, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Arrivedo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Arrivedo in asserting any available defenses.
By accessing or using the Service, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records.
You are responsible for obtaining access (Internet) to the Services, which may require transacting with third parties, such as Internet providers.
Arrivedo may, at its sole and absolute discretion and without being liable to users in any way, with or without prior notice, modify or discontinue, temporarily or permanently, all or part of its Service. Arrivedo may refuse to allow any user to utilize the Service. In addition, Arrivedo may, in its sole discretion, terminate any account at any time and for any reason. Arrivedo Services are provided on an “as is” and “as available” basis.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARRIVEDO AND/OR ITS AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-ARRIVEDO CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-ARRIVEDO CONTENT. UNDER NO CIRCUMSTANCES WILL ARRIVEDO BE LIABLE FOR OR IN CONNECTION WITH THE NON-ARRIVEDO CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-ARRIVEDO CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-ARRIVEDO CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-ARRIVEDO CONTENT.
Visiting www.arrivedo.com or sending emails to Arrivedo constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
23. Limitation of Liability
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (AAA), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties (If no agreement is reached on another Arbitrator, the dispute should be resolved in AAA). The AAA or the arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
25. Digital Millennium Copyright Act compliance
Arrivedo has no tolerance for copyright infringement. The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without authorization and is available within the Application in a way that may constitute copyright infringement, the individual may provide notice of their claim to our designated agent listed below. For the notice to be effective, it must include all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A description of the copyrighted work that is claimed to have been infringed.
- A description of where the allegedly infringing material is located within the Service.
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted.
- A statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s designated agent can be reached at: Copyright Agent, firstname.lastname@example.org , Arrivedo, 842 Oracle Oak Pl, Sunnyvale, California 94086, United States.
To the maximum extent permitted by law, the laws of the State of California govern this agreement and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of our Service. Use of our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
26. Limitation of Warranties
ARRIVEDO AND/OR ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARRIVEDO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
27. Additional terms
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arrivedo as a result of this agreement or use of our Service. Arrivedo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Arrivedo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Arrivedo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
The Service is controlled, operated and administered by Arrivedo from our offices within the USA with additional offices in other countries. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Services in any manner prohibited by any applicable laws, restrictions or regulations in the country where you access our Services.
- Arrivedo Privacy Department
- 842 Oracle Oak Pl
- Sunnyvale, California 94086, United States
- Email: email@example.com
- Phone: 650-303-9157