We do not sell or rent to third parties any of the personal information that you provide to us through this Program, or authorize any of our suppliers to sell or rent any such personal information, and we do not authorize any of our suppliers to make independent use of your personal information for their own purposes, including but not limited to for direct marketing. However, aggregated information about customers participating in the Program, surveys or otherwise providing information to Archangel Device (directly or through franchisees and/or supplier(s)) may be combined and utilized by Archangel Device, franchisees and/or supplier(s) for purposes of research, benchmarking and other like uses. Additionally your information may be disclosed in connection with a transfer/sale of business/assets, our compliance with applicable laws, and/or investigation of fraud or violation of these Program terms and other like activities.
Archangel Device, its affiliates, ours/their franchisees, and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Archangel Device does not represent or warrant that the Program will always be accessible or accepted. In the event that Archangel Device, its affiliates, our/their franchisees, and/or suppliers are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed $100. Archangel Device shall have no liability for any incidental, indirect, special, punitive or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program or any rewards that may be offered, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Archangel Device have any liability for unauthorized access to, or alteration, theft or destruction of your Program information, member card, or reward through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Archangel Device’s control.
Archangel Device uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of any programs that may be available through or described on this Site, and each is hereinafter singly and collectively referred to as a “supplier”. The logos, trademarks, designs or information contained in this Site is the property of Archangel Device or Archangel Device is a licensed user of such information and your reproduction, duplication, or otherwise exploitive use for any commercial purpose without the express without consent of Archangel Device is prohibited. Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Archangel Device, it supplier(s), or any third party. This Site, unless specifically otherwise identified, does not create a business or professional services relationship between you and Archangel Device, its supplier(s) or any of its franchisees. You may not use this Site for any purpose that is unlawful or prohibited by this Statement, or cause damage on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through this Site, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Archangel Device, its parent, affiliates, franchisees, agents, licensors, and supplier(s) and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the foregoing statements.
his site, and all its contents, and each supplier website accessible from or through this site, are provided to you “as is,” without warranty of any kind, either express or implied. Archangel Device and its franchisees and suppliers, any supplier website accessible from or through this site and/or their contents and each of their respective officers, directors, employees and insureds (collectively, “Archangel Device parties”) make no representations, express or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, title, non-infringement of the rights of third parties, data accuracy, systems integration, or quiet enjoyment. Archangel Device parties do not warrant or make any representations regarding the use or the results of the use of the features of or information available on this site in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While we make reasonable efforts to provide accurate and timely information on this site, you should not assume that the information provided is always up to date or that this site contains all the relevant information available about our company. Archangel Device undertakes no obligation to verify or maintain the correctness, accuracy, reliability or currency of such information. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Archangel Device or any franchisee, supplier, any supplier website accessible from or through this site, and/or their contents, or any of their officers, directors, employees or insured to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or $100, whichever is less. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
GOVERNING LAW AND JURISDICTION
To request consent or any other notice related to this Site, please send as follows: Archangel Device LLC, Attn: Legal Department, PO Box 830, Brookfield, WI 53045-0830. Any content made available by a franchisee through any co-branded or third party provider website is the responsibility of the franchisee.