Terms and Conditions

For use of The Archer Tool Company, LLC Web Sites (including this one), Products, and Services   ACCEPTANCE OF TERMS The Archer Tool Company, LLC (the "company") makes this Web site (the "Site"), including all material, downloads, software, e-mails, music, text, graphics, products, and services available through the Site (collectively, the "Materials") available for your use subject to the terms and conditions set forth in this document and any changes to this document that The Archer Tool Company, LLC may post from time to time (collectively, the "Terms and Conditions"). By accessing or using this Site or its services in any way, including, without limitation, downloading of any software or music, or merely browsing the Site, you agree to and are bound by the Terms and Conditions. The Archer Tool Company, LLC reserves the right to change the Terms and Conditions and other policies posted on the Site from time to time at its sole discretion, and will post updates on the home page of the Site You are bound by any such modification or revision, and should therefore visit this page periodically to review the terms and conditions. If you breach any of the Terms and Conditions, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms and Conditions must be immediately destroyed.   INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the United States Copyright Act, all applicable state laws, and international copyright laws. The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized within these terms and conditions.   USE OF SOFTWARE. The software and accompanying help files that are on-line or downloadable from this Site are the copyrighted work of The Archer Tool Company, LLC and/or its artists/authors. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of the license agreement. If you do not agree to the terms, you will not be authorized to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the appropriate license agreement as posted on this web site and/or the terms of this agreement. The pricing and terms of all software licenses are subject to change without notice.   USE OF THE ARCHER TOOL COMPANY, LLC CONTENT. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the The Archer Tool Company, LLC Content and User Content available on this Site subject to the following conditions: 1. The Archer Tool Company, LLC Content may be used solely for personal, informational,and internal purposes. 2. The Archer Tool Company, LLC Content may not be modified or altered in any way. 3. The Archer Tool Company, LLC Content on the Site may not be distributed or sold, rented, leased, or licensed to others. 4. You may not remove any copyright or other proprietary notices contained in The Archer Tool Company, LLC Content. 5. The Archer Tool Company, LLC reserves the right to revoke the authorization to view, download, and print The Archer Tool Company, LLC Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from The Archer Tool Company, LLC. 6. The rights granted to you constitute a license and not a transfer of title.   USER CONDUCT In using the Site, including all Services and Materials available through it, you agree 1. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; 2. Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; 3. Not to create a false identity; 4. Not to use or attempt to use another's account, password, service, or system without authorization from The Archer Tool Company, LLC; 5. Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.   WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE ARCHER TOOL COMPANY, LLC OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE ARCHER TOOL COMPANY, LLC MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.   THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE ARCHER TOOL COMPANY, LLC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE ARCHER TOOL COMPANY, LLC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.   YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) THE ARCHER TOOL COMPANY, LLC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (II) THE ARCHER TOOL COMPANY, LLC MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) THE ARCHER TOOL COMPANY, LLC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.   THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. THE ARCHER TOOL COMPANY, LLC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ARCHER TOOL COMPANY, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.   SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.   INTERNATIONAL USERS This Site can be accessed from countries around the globe and may contain references to The Archer Tool Company, LLC products and services that are not available in your country. These references do not imply that The Archer Tool Company, LLC intends to announce such products, services, or programs in your country. The Site is controlled, operated, and administered by The Archer Tool Company, LLC from its offices within the United States of America. The Archer Tool Company, LLC makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information.   LIMITATION OF LIABILITY IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE ARCHER TOOL COMPANY, LLC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE ARCHER TOOL COMPANY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.   SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.   NOTIFICATION OF COPYRIGHT INFRINGEMENT The Archer Tool Company, LLC will, in appropriate circumstances, remove material that infringes on the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide The Archer Tool Company, LLC's Copyright Agent a Notice containing the following elements:     1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;     2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;     3. A description of where the material that you claim is infringing is located on The Archer Tool Company, LLC site;     4. Information sufficient to permit The Archer Tool Company, LLC to contact you, such as your physical address, telephone number, and e-mail address;     5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.     6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.   The Archer Tool Company, LLC's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:   By mail: Joseph Timothy Archer/Copyright Agent The Archer Tool Company, LLC P.O. Box 1623 Las Cruces, NM 88004   By e-mail:   EXPORT REQUIREMENTS: You may not export or re-export any company software or any copy or adaptation in violation of any applicable laws or regulations. For instance, U.S. laws provide that the Software may not be exported or re-exported to certain countries that are embargoed or restricted or to certain restricted persons.    U.S. GOVERNMENT RESTRICTED RIGHTS. All company software has been developed completely at private expense and has commercial rights as described in this and other documents. Restrictions on the U.S. Government's use, duplication, or disclosure are set forth in subparagraph (a) of the Rights in Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable.   INDEMNITY AND LIABILITY You agree to indemnify and hold The Archer Tool Company, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.   GOVERNING LAW AND JURISDICTION This Site (excluding linked sites) is controlled by The Archer Tool Company, LLC from its offices within the state of New Mexico, United States of America. By accessing this Site, you and The Archer Tool Company, LLC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New Mexico, without regard to the conflicts of laws principles thereof.   LANGUAGE It is the express wish of the parties that the Terms and Conditions and all related web documents have been drawn up in English.   GENERAL The Terms and Conditions and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between The Archer Tool Company, LLC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect. Any failure by The Archer Tool Company, LLC to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.

Terms and Conditions

Copyright 2008

The Archer Tool Company, LLC

All Right Reserved

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