Terms & Conditions

ARCHVISTA, Inc. makes this Website, including all information, documents, communications, files, text, graphics, software, and products available through the Site available for your use subject to the terms and conditions set forth in this document and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice. You are responsible for regularly reviewing these terms and conditions. Continued use of these sites following any such changes shall constitute your acceptance of such changes.

Use of Website Information
You may download, view, print and copy documents and graphics incorporated in these documents from the Site subject to the following: the Documents may be used solely for personal, informational, non-commercial purposes; the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without written authorization from ARCHVISTA, Inc..

Use of Forums
By “Forums” we mean discussion groups (ArchiTalk, GDLTalk, Graphisoft Education Forum), job board, or message to Graphisoft, its Webmaster or employees. You agree not to email, post, publish or otherwise transmit through a Forum any content that is false or misleading; is offensive or obscene; is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; infringes on another’s rights, including but not limited to intellectual property rights; constitutes unsolicited bulk email, i.e. spamming; or violates any applicable laws or regulations.

Information You Send to Us
We welcome your feedback on our products and services. To avoid dispute, however you agree any information that you send to us, including but not limited to all suggestions, ideas, concepts, messages, emails, samples, and all other Content or submissions shall be deemed, and shall remain, the property of ARCHVISTA, Inc. and you hereby assign all rights in the Submissions to ARCHVISTA, Inc.. If for any reason any rights in any Submissions are not assigned, you hereby grant ARCHVISTA, Inc. a perpetual, irrevocable, fully paid license to use the Submissions for any purpose whatsoever. You also hereby give your consent for Graphisoft to use your name in connection with your Submissions, or for promotional purposes.

Links to Other Websites
This site contains links to other websites and access to content, products, and services from third parties. ARCHVISTA, Inc. provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ARCHVISTA, Inc. of the Site. You agree that ARCHVISTA, Inc. is not responsible for the privacy practices of, availability of or content provided on, third party websites. Please refer to the policies of the respective site.

No Spamming
We post several email addresses on our Web site for your convenience in contacting us and for participating in forums and contests. You agree not to gather any such email addresses for the purposes of sending bulk email (i.e. spamming).

Refund Policy
Products are non-refundable. Class registration fees (in-person or online) less 5% processing fee are refundable up to 24 hours prior to start of class. If you have questions, please contact us:

ARCHVISTA Customer Service
customerservice@archvista.com
800-522-0554
330 2nd Street, Suite 204
Oakland, CA 94607

Sales Tax
We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases. IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website. ARCHVISTA, INC. COLLECTS SALES TAX in states where we have physical presence (or nexus), including California. ARCHVISTA, INC. DOES NOT COLLECT SALES TAX in any state NOT listed above because ARCHVISTA, Inc. is not required to collect sales or use tax in these states. FOR OUR TAX-EXEMPT CUSTOMERS: ARCHVISTA, INC. DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.

Disclaimer
Except where expressly provided otherwise in a written agreement between you and ARCHVISTA, this Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement. Graphisoft makes no warranty that the Site will meet your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that this site is free of viruses or other harmful components; or the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Graphisoft shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

ARCHVISTA, Inc. reserves the right to make changes or updates to the Site at any time without notice.

Limitation of liability
In no event shall ARCHVISTA, Inc. be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by you or any third party, whether in action of contract, negligence or tort, arising from your access to, or use of, the Site.

Indemnity
As a condition of use of this site, you, the end user, agree to indemnify ARCHVISTA, Inc., and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Copyright/trademark information
Graphisoft, ArchiCAD, and ArchiFM are registered trademarks of Graphisoft R&D Zrt. All rights reserved worldwide.

Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and ARCHVISTA shall be finally resolved through binding arbitration in Oakland, California; provided, however, that any claims with respect to late payment, nonpayment, or infringement of ARCHVISTA’s intellectual property may be brought in a court of competent jurisdiction in Oakland, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of Alameda or the United States District Court for the Central District of California. Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Alameda or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. The prevailing party’s expenses and attorneys’ fees related to any arbitration, claim or action shall be paid by the non-prevailing party.

Contact
If you have any questions regarding these Terms of Use, please Contact us.

ARCHVISTA, Inc.
330 2nd Street, Suite 204
Oakland, CA 94607
800-522-0554

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