ArcWear Terms & Conditions

Warranty Disclaimer and Limitation of Liability. The Services and Test Reports provided by ARCWEAR hereunder shall materially conform with the written product and service specifications, descriptions and documentation delivered by ARCWEAR. ALL SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS OR A PARTICULAR PURPOSE. CUSTOMER’S SOLE REMEDY FOR ARCWEAR’S BREACH OF ALL WARRANTIES HEREUNDER OR ANY TERM OR CONDITION OF THIS AGREEMENT, IS AS SET FORTH IN THIS PARAGRAPH. IN NO EVENT SHALL ARCWEAR BE LIABLE TO CUSTOMER OR THIRD PARTIES UNDER THIS AGREEMENT FOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID BY CUSTOMER TO ARCWEAR FOR SERVICES PROVIDED HEREUNDER DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ARISING OF SUCH CLAIMS. ARCWEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, BODILY INJURY, PROPERTY, LOST PROFITS, GOOD WILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHETHER DERIVED FROM THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE WHATSOEVER OR OTHERWISE, REGARDLESS OF WHETHER ARCWEAR WAS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND WHETHER SUCH LIABILITY WAS BASED UPON TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRACT, PRODUCT LIABILITY, OR ANY OTHER CLAIM AT LAW OR IN EQUITY. THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN SHALL BE APPLICABLE TO AND SHALL INURE TO THE BENEFIT OF ARCWEAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES, AND PARTNERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER IRREVOCABLY WAIVES ANY STATE, FEDERAL, OR LOCAL LAW, REGULATION, OR STATUTE THAT WOULD OTHERWISE LIMIT OR PROHIBIT LIMITATIONS OF OR GENERAL RELEASES OF LIABILITY. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO COMPLY TO THE FULLEST EXTENT POSSIBLE WITH ANY APPLICABLE LAW, REGULATION, OR STATUTE PROHIBITING OR LIMITING THE EXCLUSION OR LIMITATION OF DAMAGES OR THE DISCLAIMER OF WARRANTIES AND REPRESENTATIONS.

(a) WITHOUT LIMITING THE FOREGOING, ARCWEAR IS NOT AN INSURER. THE AMOUNT ARCWEAR CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE VALUE OF THE SERVICES, PROGRAMS AND REPORTS ARCWEAR PROVIDES AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PROPERTY, ANY PROPERTY OF OTHERS LOCATED IN CUSTOMER’S PREMISES, OR ANY BODILY, PERSONAL, OR OTHER RISK OR LOSS TO CUSTOMER OR THIRD PARTIES INCLUDING CUSTOMER’S CLIENTS AND CUSTOMERS. ARCWEAR’S SERVICES, AND REPORTS DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO IDENTIFY, TEST OR DISCLOSE. ARCWEAR MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR TEST RESTULTS SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. ACCORDINGLY, ARCWEAR DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER’S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS SOLELY WITH CUSTOMER, NOT ARCWEAR. INSURANCE, IF ANY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. ARCWEAR SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE PROGRAM OR SERVICES OR TEST REPORTS ARE INTENDED TO TEST OR EXAMINE. CUSTOMER SHALL LOOK EXCLUSIVELY TO ITS INSURER AND NOT TO ARCWEAR TO PAY CUSTOMER IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR INJURY. CUSTOMER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM ARCWEAR ARISING AS A RESULT OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY OF CUSTOMER OR THIRD PARTIES.