Terms of Service
Last updated: November 23, 2007
This Terms of Service Agreement sets forth the standards of use of Arrival Alert Service (the "Service") for Registered Members. By using the Service you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at ArrivalAlert.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
The Service is free, and Members will not be charged for their use of the Service. The Service is owned by Arrival Alert, but claims no intellectual property rights over the material Member provide to the Service. Members profile and other data uploaded remains to the Member. However, Member agrees to allow others to view and share publicly content.
2. Disclaimer of Warranties
The site is provided by Arrival Alert on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Arrival Alert makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Arrival Alert shall have no liability for any interruptions in the use of ArrivalAlert.com. Arrival Alert disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
3. Limitation of Liability
ARRIVAL ALERT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DIGITAL VENUES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DIGITAL VENUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification
Member agrees to indemnify and hold Arrival Alert, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Members Account
Member must be 13 years or older to use this Service. All Members of the Service shall receive an account and a, by the Member chosen, password. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Arrival Alert of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Arrival Alert.
Members can cancel their account at any time. All content belonging to the Member will be immediately deleted from the Service upon cancellation. This information can not be recovered once Member's account is cancelled. Arrival Alert also, in its sole discretion, has the right to suspend or terminate Members account and refuse any and all current or future use of the Service for any reason at any time.
6. Modifications and Interruption to Service
Arrival Alert reserves the right to modify or discontinue the Service with or without notice to the Member. Arrival Alert shall not be liable to Member or any third party should Arrival Alert exercise its right to modify or discontinue the Service. Arrival Alert makes every effort to ensure the reliability and availability of the Service. However, Member acknowledges and accepts that Arrival Alert does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
Our website includes links to other sites on the Internet that are owned and operated by online merchants and other third parties. These links may have been created by Arrival Alert or our Members. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information (such as our gift tips) have either been provided by the Vendors or collected from publicly available sources. While Arrival Alert makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Arrival Alert makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Arrival Alert, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
11. Questions
If you have questions regarding the Arrival Alert Terms of Service Agreement please contact us. Arrival Alert will use commercially reasonable efforts to promptly respond and resolve any problem or question.