Arbill Industries Terms of Service
Last Updated 12/29/25
Welcome to Arbill Industries!
Thanks for using the Arbill Industries services (including the arbill.com website, and mobile and web-based applications, and any other online tools, products, or services provided by Arbill Industries that link to or reference these Terms) (collectively, the “Services”). The Services are provided by Arbill Industries, Inc. (“Arbill Industries”, “we,” “our,” or “us”), located at 10450 Drummond Road, Philadelphia, Pennsylvania 19154, U.S.A.
By using our Services, or purchasing any products sold through the Services (“Products”), you are agreeing to these Terms of Service (“Terms”), including if you are doing so on behalf of a business (such business, a “Business Customer”). Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services. By accessing or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.
YOU ACKNOWLEDGE AND AGREE THAT SECTION 10 BELOW LIMITS OUR LIABILITY, AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 9 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION AND JURY TRIAL AND CLASS ACTION WAIVER PROVISION IN SECTION 14 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES AND PRODUCTS.
THE PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND ARBILL INDUSTRIES DOES NOT AND CANNOT PROVIDE MEDICAL ADVICE, DIAGNOSE YOUR HEALTH CONDITIONS. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE. DO NOT USE THE PRODUCTS OR SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. USE OF THE PRODUCTS OR SERVICES IS NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY MEDICAL SERVICE PROVIDER. ARBILL INDUSTRIES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR PRODUCT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU OR FOR ANY PARTICULAR PURPOSE. NO DIRECTOR, EMPLOYEE, AGENT, PARTNER, OR REPRESENTATIVE OF ARBILL INDUSTRIES, ITS SUBSIDIARIES OR AFFILIATES IS ENGAGED IN RENDERING MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OTHER MEDICAL SERVICES. YOU SHOULD CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS BEFORE USING ANY PRODUCTS MADE AVAILABLE VIA OUR SERVICES.
ADDITIONAL LIMITATION RELATING TO LATEX PRODUCTS. WITHOUT IN ANY WAY LIMITING THE GENERAL LIMITATIONS SET FOR FORTH ABOVE, WITH RESPECT TO LATEX PRODUCTS, BEFORE USING ANY LATEX PRODUCT, YOU ARE ENCOURAGED TO CONSULT AN INDUSTRIAL HYGIENIST OR OCCUPATIONAL SAFETY PROFESSIONAL TO DETERMINE ITS SUITABILITY FOR ITS INTENDED USE. YOU SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR ITS INTENDED USE AND ASSUME ALL RISKS AND LIABILITY IN CONNECTION THEREWITH. YOU RECOGNIZE THAT THERE ARE ALTERNATIVES AND ARBILL INDUSTRIES WILL NOT BE LIABLE FOR ANY HEALTH RELATED ISSUES (INCLUDING ALLERGIC REACTIONS) SURROUNDING LATEX, THE SUPPLY OF LATEX BY YOU TO YOUR EMPLOYEES, OR THE USE OF LATEX BY YOU OR YOUR EMPLOYEES. YOU WAIVE ANY RIGHT OF SUBROGATION, CONTRIBUTION AND INDEMNIFICATION AND AGREE TO INDEMNIFY AND HOLD HARMLESS ARBILL INDUSTRIES AGAINST ANY CLAIMS ARISING OUT OF LATEX PRODUCTS.
ADDITIONAL LIMITATION RELATING TO PFAS (PER- AND POLYFLUOROALKYL SUBSTANCES). ARBILL INDUSTRIES ACKNOWLEDGES THE GROWING CONCERNS SURROUNDING THE USE OF PER- AND POLYFLUOROALKYL SUBSTANCES (“PFAS”), WHICH ARE A CATEGORY OF SYNTHETIC CHEMICALS THAT MAY PERSIST IN THE ENVIRONMENT AND HUMAN BODY. WITHOUT IN ANY WAY LIMITING THE GENERAL LIMITATIONS SET FORTH ABOVE, ARBILL INDUSTRIES MAKES NO REPRESENTATIONS REGARDING WHETHER THE PRODUCTS SUPPLIED CONTAIN ANY PFAS UNLESS SPECIFICALLY DISCLOSED IN WRITING. BY PURCHASING AND USING ANY PRODUCTS FROM ARBILL INDUSTRIES, YOU AGREE TO ASSUME ALL RISKS AND RESPONSIBILITIES REGARDING THE POTENTIAL PRESENCE OF PFAS, AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING PFAS, INCLUDING ANY APPLICABLE STATE OR FEDERAL RESTRICTIONS. YOU FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ARBILL INDUSTRIES FROM ANY LIABILITY, LOSS, OR DAMAGE ARISING OUT OF OR RELATED TO PFAS CONTENT, IF ANY, IN THE PRODUCTS.
ADDITIONAL LIMITATION RELATING TO RESPIRATOR PRODUCTS.WITHOUT IN ANY WAY LIMITING THE GENERAL LIMITATIONS SET FOR FORTH ABOVE, WITH RESPECT TO RESPIRATOR PRODUCTS, RESPIRATORS HELP PROTECT ONLY AGAINST CERTAIN PARTICLES. MISUSE OF RESPIRATOR PRODUCTS MAY RESULT IN SICKNESS OR DEATH. SUCH PRODUCTS ARE NOT FOR ASBESTOS, SANDBLASTING, OR TO PROTECT AGAINST SAND, SILICA DUST, CHEMICALS, GASES, OR VAPORS. PLEASE NOTE THAT COMPANIES WITH POTENTIAL SILICA EXPOSURE (E.G. FOUNDRIES, BUILDING PRODUCTS MANUFACTURERS, SAND AND DRYWALL CONSTRUCTION) MAY BE AFFECTED.
1. Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Arbill Industries names and logos, any third-party names, logos, or other branding, or any photos or other images used in our Services (including Product images and any other intellectual property of Arbill Industries or any third party). Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some Content that is not our own. For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before we are able to process your opt-out.
Some of our Services are accessible from mobile devices, which may cause you to incur data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Services from your mobile device.
2. Your Arbill Account
You may need an account in order to use the Services or purchase Products. If you create your own account, you agree that all registration information you give us will be accurate and current. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at natlteam@arbill.com.
3. Payment
You agree to pay all amounts owed to us for orders placed through the Services (including all applicable Product, service, and shipping charges, and federal, state, and local taxes) under any terms, policies or other written or electronic agreement we may have in place. We may collect fees through a third-party payment processor, such as PayPal.com or Authorize.net. When you accept these Terms, you are also agreeing to the applicable payment processor’s terms of service. We may replace our third-party payment processor without notice to you. We may require you to maintain valid credit card or other payment account information with our third-party payment processor in order to receive the Services, and if so, you hereby authorize us to charge your credit card or other payment account for Product orders you have placed through the Services. Your right to purchase Products is conditioned upon our receipt of payment. Refusal of Product delivery does not release you from payment liability. If a payment cannot be charged to your credit card, if a charge is cancelled for any reason, or if you fail to maintain valid, up-to-date payment information with us or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. We may also suspend and/or cancel the shipment of Product orders you have placed through the Services. Nonetheless, you are required to pay any amounts still owed to Arbill Industries at the time that your account is suspended or terminated. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
If you are using the Services on behalf of a Business Customer, Arbill Industries may allow you to make payments via an Automated Clearing House (“ACH”, and each such payment, an “ACH Transaction”). For payments made to Arbill Industries via an ACH Transaction, you hereby authorize Arbill Industries to debit the Business Customer’s bank account for the purchase amount. You further hereby represent and warrant to Arbill Industries that (i) accounts used for ACH Transactions have sufficient funds to cover the ACH Transaction, and (ii) any ACH Transactions you authorize shall comply with all applicable laws and are bound by all applicable National Clearinghouse Association (NACHA) rules.
Arbill Industries will provide a return authorization for a full refund of your purchase of a stock Product if you are not completely satisfied and request a refund within thirty (30) days of the original invoice date. Nonstock Products, and/or stock Products returned within ninety (90) days of the original invoice date are subject to a 20% restocking fee, which will be deducted from the amount of your refund. Special order Products, expiration-date sensitive Products, and custom imprinted Products are not eligible for return except for in cases of defective quality or workmanship, as determined by Arbill Industries in its sole, good faith discretion. All returned Products must be in their original packaging, unused, and in salable condition. To return the Product(s), you must submit a request for a return in writing, including your order information and the Product you would like to return, by using the contact us page or by email to natlteam@arbill.com.
When we receive your return request, we will process your request, and if you are eligible for a return, we will provide you with additional information, including the address where the Product(s) must be returned to. In order to remain eligible for a return, you must return the Product(s) in accordance with the instructions received from us at your own expense within fourteen (14) days from the date we provide you with a return address. You understand and agree that you bear the risk of loss during shipment, and title will not pass to us until our receipt of your return. Once we receive the returned Product(s), we will process your refund back to the same payment method used to make the original purchase on the Services.
Arbill Industries may in certain circumstances issue credit balances to Business Customers . If you are accepting these Terms on behalf of a Business Customer, you understand and agree that that any credit balance issued by Arbill Industries must be used within two (2) years from the date such credit balance was issued and may only be used for purchases of Products. Any unused credit balance, or portion thereof, will automatically expire after the later (i) of two (2) years, or (ii) the minimum time required under applicable state laws. For the avoidance of doubt, Arbill Industries will not issue credit balances to individual persons who are not Business Customers.
4. Privacy and Feedback
Our privacy policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.
If you submit feedback or suggestions about our Services or Products, you agree that we may use your feedback or suggestions without obligation to you.
5. About Software in our Services
The Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software.
Arbill Industries gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.
There may be software programs contained within certain Software that have been licensed to us by third parties. The term “Software” as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.
Arbill Industries and a Business Customer may mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions. A Business Customer that has agreed to the use of an EDI system agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Arbill Industries and Business Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Arbill Industries regarding EDI purchases made by Business Customer shall be deemed to be conclusive.
6. Modifying and Terminating our Services
We are constantly changing and improving our Services and Products. We may add or remove Products, functionalities, or features, and we may suspend or stop a Service or the offering of a Product altogether, at any time, without any notice or liability.
You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.
Sections 6 –14 will survive termination or expiration of these Terms indefinitely.
7. Product Information
Arbill Industries may provide Product information, including descriptions, technical information, specifications, recommendations, allergy information, product advisories and instructions, and other materials (collectively “Product Information”) for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. All Product colors and packaging represented on the Services are approximations and are not guaranteed to match the actual Product or Product packaging you receive when you make a purchase. Due to the variety of systems, monitors, and unique device configurations available to users, you should not assume that digital Product images viewed on the Services are realistic in their color representation.
All prices posted on the Services are subject to change without notice. The price charged for a Product will be the price in effect at the time an order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any Product Information or offer by us and we reserve the right to modify or cancel any orders arising from such errors.
8. Product Selection and Use
You are solely responsible for evaluating and selecting Products and determining whether each Product is fit for a particular purpose and suitable for the desired use and method of application. Products are not manufactured to any customer requirements or specifications unless expressly agreed to in writing by Arbill Industries. Products that are sold for your use or consumption may not be repackaged, resold, or redistributed in any manner without Arbill Industries’ prior written consent.
Arbill Industries may offer products manufactured or assembled to your specifications (“Custom Product(s)”). Arbill Industries is not responsible for verifying or confirming the accuracy of specifications you provide to Arbill Industries for Custom Products. THE LIMITED WARRANTY EXPRESSLY SET FORTH IN SECTION 9(A) BELOW DOES NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF THE CUSTOM PRODUCT, IF ANY, WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS IN THE MATERIAL AND WORKMANSHIP OR FOR ANY FAILURE TO CONFORM TH SPECIFICATIONS YOU PROVIDE. ARBILL INDUSTRIES SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO ANY DEFECTS IN THE MATERIAL OR WORKMANSHIP OF CUSTOM PRODUCTS OR FAILURE OF CUSTOM PRODUCTS TO CONFORM TO YOUR SPECIFICATIONS. All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed
Notwithstanding the method of shipment, title and risk of loss for the Products will pass to you as soon as the Products are tendered to the USPS or other common carrier, FOB origin, or upon our personal transfer to you or your representative, provided however that risk of loss for Custom Products shall pass to you when Arbill Industries commences production of such Custom Product. Shipping and delivery dates are estimates only and cannot be guaranteed. If a carrier is not able to successfully deliver the Products it may leave a notice with contact information to arrange a new delivery date. We are not liable for any delays or failure in shipment due to incorrect information provided by you, your failure to receive a shipment from a carrier, or other factors outside of our reasonable control.
9. Our Warranties and Disclaimers
(A) Arbill Industries warrants that each Product (except for Custom Products) meets Arbill Industries’ applicable Product specifications, if any, at the time Arbill Industries ships each Product to you (the “Limited Warranty”). If a Product does not conform to the Limited Warranty, your sole and exclusive remedy, and Arbill Industries’ sole liability, is, at our sole discretion, replacement of the nonconforming Product or refund of its purchase price. We will also pay for shipping and handling fees to return the repaired or replacement Product or part to you if we elect to repair or replace the defective Product or part.
THE LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF PRODUCTS FROM THE SERVICES AND DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCTS. THE LIMITED WARRANTY DOES NOT APPLY TO CUSTOM PRODUCTS. THE LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO (A) TRANSPORTATION; (B) STORAGE; (C) IMPROPER OR NEGLIGENT USE; (D) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; (E) MODIFICATIONS; (F) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY ARBILL INDUSTRIES; (G) UNAUTHORIZED REPAIR; (H) NORMAL WEAR AND TEAR; OR (I) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.
TO MAKE A WARRANTY CLAIM: YOU MUST SEND THE REQUEST IN WRITING THROUGH THE CONTACT US PAGE OR BY EMAIL TO natlteam@arbill.com ALONG WITH ALL DOCUMENTS PROVING THE PURCHASE AND THE DELIVERY DATE. WE WILL PROVIDE FURTHER INSTRUCTIONS, INCLUDING INFORMATION ABOUT HOW TO RETURN THE WARRANTED PRODUCT TO US.
(B) SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES.
(C) OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER ARBILL INDUSTRIES NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE PRODUCTS, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT IN CONNECTION WITH THE PRODUCTS OR SERVICES RELATING TO, AS APPLICABLE, NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE PROVIDE THE PRODUCTS, SERVICES, AND ALL INFORMATION PROVIDED THROUGH THE SERVICES “AS-IS.”
(D) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO THE PURCHASE OR USE OF THE SERVICES AND/OR THE PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..”
10. Liability for our Services and Products
TO THE EXTENT NOT PROHIBITED BY LAW, ARBILL INDUSTRIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM OR RELATE TO THE SERVICES OR PRODUCTS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING BUT NOT LIMITED TO WARRANTY, CONTRACT, NEGLIGENCE, FRAUD, OR STRICT LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF ARBILL INDUSTRIES(AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCTS AND/OR YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) IF THE CLAIMS RELATE TO YOUR USE OF THE SERVICES, THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN), OR (ii) IF THE CLAIMS RELATE TO THE PRODUCTS, THE FEES YOU PAID FOR THE PRODUCTS GIVING RISE TO SUCH CLAIM (OR, IF WE CHOOSE, THE COST OF PROVIDING YOU WITH REPLACEMENT PRODUCTS). THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY AND SHALL BE ENFORCEABLE EVEN IF WE HAD REASON TO KNOW OF THE POSSIBILITY OF PARTICULAR DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN ALL CASES RELATING TO THE PRODUCTS OR PROVIDING YOU THE PRODUCTS AND SERVICES, ARBILL INDUSTRIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS ACTS OF WAR, WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, PANDEMICS, EPIDEMICS OR PUBLIC HEALTH EMERGENCIES, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), OR TELECOMMUNICATION OR INTERNET FAILURES, OR YOUR USE OF THE PRODUCTS OUTSIDE OF THEIR INTENDED PURPOSE OR OTHER MISUSE.
11. Business/Employer Uses of our Services
If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.
12. Indemnification
You hereby agree to indemnify, defend, and hold harmless Arbill Industries, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Services, or your use or misuse of the Services or Products. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
13. About these Terms
We may modify these Terms or any additional terms that apply to a Service or a Product for any reason, for example, to reflect changes to the law or changes to our Services or Products. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. To the extent we modify any Terms applicable to a particular Product, you will be bound by the Terms as they were in-force at the time you purchased the Product.
If there is a conflict between these Terms and any additional terms for a Service or Product, the additional terms will control for that conflict.
These Terms control the relationship between Arbill Industries and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms, the Services, or the Products.
You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact Arbill Industries, please visit our contact page.
14. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Without limiting your waiver and release in Section 9, you agree to the following:
a. Purpose. Any and all Disputes (as defined below) involving you and Arbill Industries will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 14 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 16 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
b. Definitions. The term “Dispute” means any claim or controversy directly or indirectly arising out of or relating to the Products, the Services, or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether at law or in equity, and whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Arbill Industries” means Arbill Industries and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.
c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Arbill Industries by mail to 10450 Drummond Road, Philadelphia, Pennsylvania 19154.
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Arbill Industries may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Arbill Industries about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Arbill Industries agree otherwise, any arbitration hearing will take place in Philadelphia, PA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. RELIEF MAY BE AWARDED ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be Arbill Industries’ responsibility. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Arbill Industries will pay all fees and costs that it is required by law to pay.
h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND Arbill Industries AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.
