Last Modified: 09/05/2024

ARCHER Connect Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING ARCHER CONNECT AT HTTPS://WWW.ARCHERCONNECT.COM (“ARCHER Connect”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ARCHER CONNECT.

These Terms of Use (“Terms of Use” or these “Terms”) apply to your access to, and use of, ARCHER Connect, which is operated by ARCHER Systems, LLC, a Texas limited liability company (collectively together with its subsidiaries, “ARCHER”, “Company”, “we”, “us” or “our”) in the United States. These Terms permit you to use Archer Connect solely for accessing claimant contact information in furthering your own services, as described in our Referral Agreement with you, related to how claimants will accept their settlement proceeds (“Purpose”).

For the avoidance of doubt, the terms “you” and “your” include the entity which intends to access the information stored in Archer Connect, as well as all of the entity’s duly authorized users, as designated by the entity, including, but not limited to, entity personnel, agents, and other select third parties properly designated by the entity, who are granted permission to access ARCHER Connect on behalf of the entity for the specific Purpose.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, and use of, ARCHER Connect thereafter. Your continued use of ARCHER Connect following the disclosure of a revised Terms of Use means that you accept and agree to the changes. You acknowledge and agree that it is your responsibility to review these Terms when accessing ARCHER Connect so that you are aware of any changes.

ACCESSING AND USING ARCHER CONNECT AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any access to or functionality of ARCHER Connect in our sole discretion without notice. We will not be liable if for any reason all or any part of ARCHER Connect is unavailable at any time or for any period. From time to time, we may restrict access to some portion of ARCHER Connect, or ARCHER Connect entirely, to users, including duly authorized users.

You are responsible for making all arrangements necessary for you to have access to ARCHER Connect including reviewing all instructions and training material on how to access and use ARCHER Connect. You are responsible for securing your account and any authentication used to access ARCHER Connect. By using ARCHER Connect you agree that you will not share your account information or allow any others to use your authentication to access ARCHER Connect.

BY USING ARCHER CONNECT YOU AGREE TO NOTIFY ARCHER AS SOON AS REASONABLY POSSIBLE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT CREDENTIALS OR ANY OTHER MISUSE OR UNAUTHORIZED ACCESS INVOLVING ARCHER CONNECT. YOU ALSO AGREE TO INDEMNIFY ARCHER AND HOLD HARMLESS FOR ANY DAMAGE, CLAIM, OR LITIGATION ARISING FROM THE UNAUTHORIZED USED OF YOUR CREDENTIALS CAUSED BY YOU.

PRIVACY

Please read the ARCHER Privacy Policy (“Privacy Policy”) provided at https://www.archerconnect.com/privacy carefully to understand how ARCHER collects, uses, and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

ARCHER Connect’s features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by ARCHER, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use ARCHER Connect solely for the Purpose. You must not reproduce, distribute, modify, create derivative works of, republish, download, store, or transmit any of the material you access through ARCHER Connect, except as necessary to carry out the Purpose.

If you print, copy, modify, download information in ARCHER Connect, or otherwise use ARCHER Connect for any reason other than to carry out the Purpose, or if you provide any other person with access to any part of ARCHER Connect in breach of these Terms, your right to use ARCHER Connect will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to ARCHER Connect or any content on ARCHER Connect is transferred to you, and all rights not expressly granted are reserved by ARCHER. Any use of ARCHER Connect not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

You shall not use any trademarks or servicemarks owned by ARCHER without the prior written permission of ARCHER. All other names, logos, product and service names, designs, and slogans displayed on or in connection with ARCHER Connect are the trademarks of their respective owners.

PROHIBITED USES

You may use ARCHER Connect only for the lawful uses necessary to carry out the Purpose and in accordance with these Terms. This prohibits using ARCHER Connect or any information contained in it in any way:

• To violate any applicable federal, state, local or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate ARCHER, an ARCHER employee, another user, or any other person or entity.
• To engage in any other conduct that compromises or infringes on anyone’s rights in any way.

Additionally, you agree not to:

• Use ARCHER Connect in any manner that could disable, overburden, damage, or impair ARCHER Connect or interfere with any other party’s use of ARCHER Connect, including their ability to engage in real time activities through ARCHER Connect.
• Use any robot, spider or other automatic device, process or means to access ARCHER Connect for any purpose, including monitoring or copying any of the material on ARCHER Connect.
• Use any manual process to monitor or copy any of the material on ARCHER Connect or for any reason that is not necessary to carry out the Purpose.
• Use any device, software, or routine that interferes with the proper working of ARCHER Connect.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of ARCHER Connect, the server(s) on which ARCHER Connect is stored, or any server, computer, or database connected to ARCHER Connect.

TERMINATION OF USE

ARCHER reserves the right, in its sole discretion, to terminate or suspend your use of or access to all or part of ARCHER Connect for any or no reason, including without limitation, any violation of these Terms, at any time without notice. If ARCHER terminates your use of or access to all or part of ARCHER Connect, ARCHER will notify you and work in good faith to implement measures to carry out the Purpose in a manner acceptable in view of these Terms.

RELIANCE ON INFORMATION POSTED

The information presented on or through ARCHER Connect is made available as received by ARCHER. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to ARCHER Connect, or by anyone who may be informed of any of its contents.

ARCHER Connect may include content provided by third parties. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

If ARCHER Connect contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to ARCHER Connect, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

FEEDBACK

If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove content in Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of ARCHER Connect or any related platforms, websites, or services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

CHANGES TO ARCHER CONNECT

ARCHER RESERVES THE RIGHT TO AMEND, TERMINATE, OR DISCONTINUE ARCHER CONNECT OR VARIOUS PARTS OF ARCHER CONNECT AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU TO THE EXTENT PERMISSIBLE BY ANY OTHER AGREEMENT WE MAY HAVE WITH YOU. YOUR CONTINUED USE OF ARCHER CONNECT CONFIRMS YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, THEREFORE, YOU AGREE TO FREQUENTLY REVIEW THESE TERMS AND APPLICABLE POLICIES TO UNDERSTAND THESE TERMS THAT APPLY TO ARCHER CONNECT. We may update the content on ARCHER Connect from time to time, but the content is not necessarily complete or up-to-date. Any of the material on ARCHER Connect may be out of date at any given time, and we are under no obligation to update such material.

GEOGRAPHIC RESTRICTIONS

ARCHER Connect is intended for access and use only by persons located in the United States. You acknowledge and agree that you will not access ARCHER Connect from outside of the United States.

DISCLAIMER OF WARRANTIES

ARCHER CONNECT AND ITS CONTENTS ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE ARCHER CONNECT FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES FOR THE LAST TWELVE (12) MONTHS BEGINNING FROM WHEN THE DATE OF THE CAUSE OF ACTION ACCRUED.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of ARCHER Connect or your breach of these Terms, including but not limited to the content you download from, submit to, or make available through ARCHER Connect.

SEVERABILITY

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

GOVERNING LAW & DISPUTE RESOLUTION

All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any to any choice or conflict of law provision or rule. If any dispute(s) arises between the Parties, the Parties’ Referral Agreement shall control the obligations and procedures for handling all such dispute(s).

NO CONSOLIDATION

Any claim or dispute shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.