Terms and Conditions

Arches National dba operates this website to provide online access to information about Arches National dba and its products, services and opportunities.  By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to the specific areas of this site are posted throughout the site and, together with these Terms of Use, govern your use of these areas, content and/or transactions.

Arches National dba reserves the right to modify the content of its website, including the Terms of Use, without prior notice. Your use of the site constitutes your agreement to follow and be bound by the terms and conditions of the site, as well as these Terms of Use, as modified.  You are encouraged to review the website and these Terms of Use periodically for updated and modifications.

Authorized Use

You are granted a limited license to access and use the website, and to download or print a copy of any portion of the content solely for your personal or informational use, provided that you keep all copyright or other proprietary notices intact.  You may not copy, display, modify, publish, reproduce, store, transmit, post, create other derivative works from, or sell, rent or license any part of the content obtained from the website in any medium to anyone, except as otherwise expressly permitted under these Terms of Use, relevant license or authorization by Arches National dba. Said limited license is subject to these Terms of Use, and does not include use of any data mining, robots, or similar data gathering or extraction methods.

You further agree that you will NOT do any of the following:

  1. Harvest or collect email addresses or other contact information of portal users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

  2. Use automated scripts to collect information from the website or for any other purpose

  3. Register for more than one portal user account, register for a portal user account on behalf of an individual other than yourself, or register for a portal user account on behalf of any group or entity.

  4. Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.

  5. Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

  6. Upload, post, transmit, share, store, or otherwise make publicly available on the website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers.

  7. Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

  8. Use or attempt to use another’s account, service, or system without authorization from Arches National dba, or create a false identity on the website.

  9. Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Arches National dba, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Arches National dba or its affiliates, licensors and their respective officers, directors, employees, agents and representatives, or website users to any harm or liability of any type.

Arches National dba reserves the right, in its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content, any Portal, and any third-party’s User Content at any time with or without notice for any or no reason.

Authorized Users

As a user of the website, you affirm that you are 18 years of age or older.  Arches National dba will not consider nor retain any applications, comments or information submitted by persons under the age of 18. You assume all responsibility for your use of, or access to, the website, including your access to any website content or user content, and hereby waive all claims or causes of action against Arches National dba, its affiliates, licensors and their respective officers, directors, employees, agents and representatives in connection therewith.

Third-Party Links

Links on this website are provided solely as a convenience to you. By clicking on these links, you understand that you are leaving the Arches National dba site, and are no longer governed by these Terms of Use and Privacy Policy.  Arches National dba is not responsible for the availability or content of any third-party website. Keep in mind that third-party websites may have different terms of use and privacy policies.

Feedback

Arches National dba may offer the opportunity to provide feedback as a part of its services. By providing feedback to Arches National dba, you give a non-exclusive, irrevocable, perpetual and sub-licensable right for us to share the information in any format and for any purpose, including but not limited to, advertising use.  No compensation will be paid to you for your submission, and Arches National dba is under no obligation to use or post any information provided.  You warrant that you own or control all of the rights to all content, photographs, videos or images, and that such content, photographs, videos and images do not infringe upon the intellectual property rights of any third parties. You agree to indemnify Arches National dba, our affiliates, agents and partners for any and all claims resulting from the content you submit.  You may not post content that is unlawful, obscene, threatening, inflammatory, libelous, defamatory, or that includes any misleading information. Arches National dba may remove any submission at any time in its sole discretion.

Ownership

Arches National dba retains all right, title and interest in this website and its content, designs and layouts, functions, graphics, photographs, music, sound, features and services offered on this website, including any and all copyright, trademark and other intellectual property rights.  Arches National dba reserves all rights not expressly granted. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein.

Authorization to Contact You by Telephone

You authorize Arches National dba, our affiliates, agents, partners and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us,  or any telephone number where we believe we may reach you, using any means of communication, including but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.

Electronic Communications

By using parts of this website, or sending e-mails to Arches National dba, you are communicating with us electronically. You agree to receive communications from us electronically, and that all agreements, notices, disclosures and other communications that we, our affiliates, partners or independent contractors provide to you electronically satisfy any legal requirement that such communication be in writing and are effective immediately.

If you are accessing our website and the disclosures via a mobile device (e.g., smart phone, tablet, etc.), you must make sure that you have software on your mobile device that allows you to print and save any and all disclosures provided to you during the application process. If you do not have these capabilities on your mobile device, please access this website or portal through a device that provides these capabilities.

You may withdraw your consent to receive disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post any funding requests on our website. If you have a pending request on our website, we will terminate it and remove it from our system. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send disclosures to your verified business address provided during registration.

You can contact us via email at [email protected] or by calling our Customer Success Team at 1 (844) 328-1392. You may also reach us in writing to us at the following address: Arches National dba, 254 West 400 South #302 Salt Lake City UT, Attention: Customer Service.

Disclaimer

THE SITE, THE SITE CONTENT, AND THE USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Arches National dba OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR COSTS, OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND Arches National dba’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

In the event State law does not allow the exclusion or limitation of liability for consequential or incidental damages, Arches National dba’s liability shall be limited and warranties are excluded to the fullest extent permitted by law, but shall in no event exceed $100.00.

You agree that any cause of action arising out of or related to Arches National dba, any website, or any website content or user content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless Arches National dba, its affiliates, licensors, and partners, including without limitation, Arches National dba’s service providers and banks—and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages and costs. This includes reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms of Use, your use of the website, website content, or user content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any website on your behalf. Arches National dba reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

Digital Millennium Copyright Act

Arches National dba takes the issue of copyright infringement very seriously, and has adopted the following policy in accordance with the Digital Millennium Copyright Act (DMCA) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Arches National dba’s policy to (1) block access to or remove content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the service to repeat offenders.

If you believe that any content on this website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] or (844)-328-1392. (“Designated Agent”) with the following information:

  1. Identification of the copyrighted work claimed to have been infringed, or—if multiple copyrighted works at a single online site are covered by a single notification—a representative list of such works at that site;

  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

  6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.

Security

You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your identification and password.

Arches National dba reserves the right to terminate your access to the website or portal, or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use, and the interpretation, performance, and enforcement of your and Arches National dba’s rights and duties, shall be construed in accordance with the laws of the State of Utah, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Force Majeure

Arches National dba shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.