Terms and Conditions of Use

The website is managed and operated by Arch Florida Limited Liability Company (LLC) (hereinafter “Controller” or “ARCH”) with address at 1000 Brickell Ave, Suite 725, Miami, Florida, 33131 in the United States of America.

 

ARCH is a corporation that brings together different brands with presence in the Americas to provide an ecosystem of Human Capital solutions based on innovation and technology. For the provision of the activities indicated above, ARCH uses various tools, including its website https://www.archresourcesgroup.com/, which is governed by these Terms and Conditions of Use.

 1. Use of the Website on the Internet.

The Terms and conditions of Use presented below constitute an agreement between ARCH and any User of the Site whose electronic address is https://www.archresourcesgroup.com/ (hereinafter “the Site“).

The use of the Site by any person provides him/her the quality of User (hereinafter the User) and this implies their tacit, full, and unconditional adherence to the Terms and Conditions of Use in force at the time of such use. Consequently, it is essential that the User reads them in advance and evaluates them carefully, in such a way that he/she is aware that he/she is subject to them and to the modifications that they may undergo, each time he/she accesses the Site.

It is suggested that the User carefully reads the Terms and Conditions of Use each time he/she access the Site, since they may be updated or modified by ARCH at any time, without direct personal notification to the User. The User may examine the updated version of the Terms and Conditions of Use at any time, by simply pressing the button Terms and Conditions of Use within the Site.

The Terms and Conditions of Use of the Site are governed by the current legislation in accordance with the territorial jurisdiction in which the service provider is located and by the principle of good faith, the User being committed to make effective use of it. Conducts against the law, or the rights or interests of third parties, are not allowed.

If, at any time, the User does not agree, in whole or in part, with these Terms and Conditions of Use, he/she must immediately refrain from using the Site in any of its parts or sections.

1.1 Site
Access and Use.

Access to the Site is made through Internet by browsing https://www.archstaffingandconsulting.com/, both the access and use of the Site are free for Users.

The User will be obliged to register on the Site, only in the cases in which the User wishes it and he/she is specifically requested to do so.

1.2 Object. 

Through the Site, ARCH provides Users with access to information about different brands with presence in the Americas to provide an ecosystem of Human Capital solutions based on innovation and technology.

1.3 Contents.

The User acknowledges that the use of the Site does not imply any property rights over it, or over any of its elements or Contents.

The brands, commercial names, slogans, logos, and photographs used, published, inserted, or included in this Site are the exclusive property of ARCH and protected by the applicable industrial and/or intellectual property laws.

ARCH reserves the right to modify, at any time and without prior notice, the presentation, configuration, information, Contents and, in general, any part or aspect directly or indirectly related to the Site.

1.3.1 Obligation to correctly use the Site and Contents.

The User agrees to use the Site and the Contents in accordance with the applicable laws, the provisions of these Terms and Conditions of Use and respecting public order. The User agrees to use the Site and any Content or aspect related to it, in a way that does not harm the rights or interests of ARCH, of persons directly or indirectly linked to it, or of third parties. The User will utilize the Site and/or the Contents in a way that does not damage, disable, deteriorate, or impair them in whole or in part.

1.3.2 Means to obtain the Contents.

The User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Site or the Contents.

The Contents and elements found on the Site may be used utilizing only the means or procedures established and indicated within it, or, where appropriate, obtaining prior written authorization from ARCH.

1.3.3 Correct use of the Contents.

The User undertakes to use the Contents and the elements used on the Site in a diligent, correct and lawful manner, and in particular, undertakes to refrain from: (a) using the Contents in a manner, for purposes or effects contrary to the law , to public order and to what is established by ARCH for the use of this Site; (b) copying, disseminating, modifying, reproducing, distributing or using in any way for profit or non-profit the Contents and the elements used on the Site, unless he/she has the express written authorization from ARCH; (c) modifying or manipulating the brands, logos, commercial notices, commercial names and distinctive signs in general of ARCH, the Site or the people directly or indirectly linked to the company (unless he/she has a written authorization), (d) ) deleting, evading or modifying the Contents and elements used on the Site, as well as the technical protection devices, or any mechanism or procedure established on the Site.

ARCH declares that all the Contents and the elements used on the Site are duly registered and protected by the corresponding authorities and laws. The User undertakes to respect all Intellectual Property rights over the Contents and the elements used on the Site owned by ARCH.

1.3.4 Use of the Site and the Contents under the sole responsibility of the User.

By the mere fact of accessing the Site, the User acknowledges and accepts that the use of the Site and the Contents is under his/her exclusive and strict responsibility, so that ARCH will not be at any time and under any circumstances, responsible for any damage or problem that occurs in the computer equipment (hardware) or computer programs (software) used by the User to access or navigate anywhere on the Site.

1.3.5 Responsibility of the Contents.

For the cases in which Content attributable to an author other than ARCH is published, it is the sole responsibility of the author or authors of such information, so ARCH is not responsible for them.

1.4 Use of services.

The User is prohibited from publishing illegal, threatening, slanderous, defamatory, obscene, scandalous, or pornographic material, or any other material that could give rise to any civil or criminal liability in the terms of the applicable law.

Any published comment must be written in friendly and respectful language and must be related to the service or product on which it is being commented. Besides, the User agrees that he/she will not be able to impersonate another person or entity, enter false, altered, or distorted data causing error, confusion, misunderstanding or deception, so he/she will not be able to falsify or manipulate identifiers to hide the origin of any Content transmitted through the services.

The User accepts that he/she will not be able to publish personal data of people other than his/hers, because if he/she does so, he/she must respond for compliance with the applicable regulations on the protection of personal data.

The User accepts that he/she will not be able to publish commercial information, personal preferences or material contrary to the laws that protect intellectual property.

ARCH reserves the right to remove any Content, comment, or reference contrary to what is indicated above.

1.5 Obligation for using the Site.

The User agrees to strictly follow any instruction given by ARCH or by the personnel authorized by ARCH that is related to the Site, regarding any mechanism or procedure established to use the Site and the Contents.

The User is responsible for any damage and/or harm of any nature that may be caused by breaching these Terms and Conditions of Use or any applicable regulations, so ARCH is exempted from any civil, criminal, administrative or any other kind of liability.

Without prejudice to what is established in the previous paragraph, in the event that ARCH is sanctioned or convicted by the competent authority in any procedure related to civil, criminal, administrative or any other kind of liability, it will notify the responsible User, who must pay ARCH the amount ordered to be paid, as well as the costs, fees and other expenses incurred, within the 15 calendar days following the notification. In case of delay in payment within the indicated term, the User agrees to pay ARCH as a conventional penalty, an amount equivalent to the principal amount.

1.6 Content sent by Users or third parties.

If a User or Third Party chooses to publish or send any type of Content on the Site, which may consist of photos, videos, or texts, the author agrees to grant ARCH the universal, irrevocable, non-exclusive and sublicensable right over the material, as well as the license for the use, reproduction, adaptation, publication, translation, the creation of works derived from the original source, distribution, execution and presentation of such Content (as a whole or partially), to incorporate it into another work or in any form, medium, or technology known now or developed later. In the event that the User does not agree with what is stated in the preceding paragraph, he/she must refrain from sending Content or material.

By submitting articles, files, or any type of information for publication in any section of ARCH, the author or the person who does so is granting express permission to ARCH to disseminate it in the section of the portal for which it was sent.

ARCH is not responsible for the information published by the User in the forums or in any other space on the Site. Any copyright violation that a User commits will be solely and exclusively his/her legal responsibility and not of ARCH.

1.7 Denial and withdrawal of access to the Site and/or the Contents.

ARCH reserves the right to deny or withdraw access to the Site and/or the Contents at any time and without prior notice, on its own initiative or at the request of any person, to any User for any reason, mainly to those Users who improperly use the Site, any of its parts or sections or the Contents, or that totally or partially breach these Terms and Conditions of Use.

1.8 Links to Third Party Sites.

ARCH could allow access to other Internet sites through “links”, whose inclusion on this Site does not compromise our thinking or actions, nor is it responsible for the Content and administration of any of these links. The fact that ARCH makes access to such sites possible does not mean that there is a situation of subordination, control or economic link between it and the owners.

2. Sending documents.

ARCH may make available to the User documents containing information on the subject matter of the services it provides. To have access to such documents, the User will be requested to enter an e-mail address and once the User has entered such address, ARCH will send the requested document(s) to the same address.

The User must adopt the necessary security measures for the download and use of the document(s) sent. In this sense ARCH is not responsible for its Content or the effects that its download may entail.

3. Contact.

On the Site, the mechanisms through which Users can contact ARCH are published, such mechanisms are operated and administered by the society in question, according to the hours and days it considers to be working days.

In the event that the User selects the contact mechanism through forms made available for that purpose, the information registration is governed by the provisions of the Privacy Policy published on the Site; furthermore, the data entered by the User must correspond to his/her own information, or in case of registering data of another person, he/she must have authorization for the registration, which constitutes a transfer of personal data, in which the User acquires the character of transferring party.

4. Intellectual property.

Regarding Copyright, unless the Content is attributed to a specific author or is in the public domain, all Content hosted or made available on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and compilations of data are the property of ARCH and they are protected by the corresponding intellectual property rights.

Regarding the Trademarks and/or the commercial image of ARCH, as well as Trademarks belonging to other companies that are grouped to the former as a corporation, may not be used without prior written authorization from the owner, nor may they be used in any way that is likely to cause confusion among users or that may disparage or discredit their owner.

The User agrees not to publish, reproduce, duplicate, sell, dispose of, or exploit for any purpose, all or any portion of the services or Content of ARCH under any circumstances.

It is prohibited to copy, reproduce, distribute, publish, transmit, disseminate, or in any way exploit all or any part of the information contained in the Site without the prior written authorization from ARCH.

The User does not need to request permission to use a link that directs to the Site, only if this link takes him/her to https://www.archresourcesgroup.com/soluciones-arch/ in a separate window, and where the URL is clearly visible.

In the event that any User or third party considers that any of the Content found or entered on the Site violates his/her intellectual property rights, he/she must inform ARCH by sending an email to dataprivacy@archstaffing.us and, based on such notification, we will contact the applicant to address the requirement in question.

5. Personal data protection.

Regarding the protection of personal data, the provisions of ARCH’s Privacy Policy published on the Site will be followed.

6. Final provisions.

6.1 Duration and termination.

The Site and the Contents have an indefinite duration. However, ARCH may terminate, suspend, or interrupt the Site and/or any of the Contents at any time and without prior notice.

The User accepts that ARCH, in its sole discretion and without prior notification, may terminate or suspend the use of part of the services for any cause or reason, for which it is acknowledged that ARCH will not be liable to the User or to third parties for such termination or suspension.

In the event that the Site is not available, ARCH will indicate such unavailability, and, if possible, it may indicate the reason why the Site is unavailable.

6.2 Exclusion of guarantees and responsibilities.

Exclusion of guarantees and responsibility for the operation of the Site and the Contents, viruses, and other harmful elements. ARCH does not control or guarantee the absence of viruses in the Contents, nor the absence of other elements in the Contents that may cause alterations in the User’s computer system (software and/or hardware) or in the electronic documents and files stored in the computer system.

ARCH does everything possible to ensure that its website works correctly and without failures, and that the information published is the most truthful and useful for its Users. However, ARCH does not assume any responsibility for the information provided on the page, including, but not limited to products and/or services, notes of interest, advice, tips, and frequently asked questions. Similarly, it does not assume any responsibility for the impossibility of, or for problems in, the use of the website or any of the pages that comprise it.

6.3 Form.

The User accepts that a printed version of these Terms and Conditions of Use, and of any communication sent and/or received electronically, will be admissible as evidence in any judicial and/or administrative procedure.

6.4 Modifications.

ARCH reserves the right to unilaterally modify the Content and services provided through this Site without prior notice. For clarity, ARCH will include the date of the last update of the document herein. Consequently, all operations, services, transactions that are held after the modification of these Terms and Conditions of Use will be governed by the new text. It is the User‘s responsibility to regularly consult the Terms and Conditions of Use published on this Site. The terms of the instrument herein cannot be altered, supplemented, or amended by means of any other document.

6.5 Assignment.

ARCH may, without the authorization of the User, assign the rights and obligations contained in these Terms and Conditions of Use to any third party.

6.6 Ineffective provisions.

In the event that any of the Terms and Conditions of Use expressed herein is considered unenforceable or is declared null or invalid in accordance with the applicable legislation, it will be replaced by a term or condition that is valid and that can more strictly comply with the objective of the disposition not enforceable or that has been declared null or invalid. All other Terms and Conditions remain in full force.

6.7 Applicable law and jurisdiction.

In everything related to the interpretation and compliance with the provisions herein, by the mere fact of accessing the Site, the Users agree to submit to the current legislation in accordance with the territorial jurisdiction in which the service provider is located, as indicated in the first paragraph of the instrument herein, waiving to any other jurisdiction that, by reason of their present or future domiciles, or for any other reason that could correspond to them.

6.8 Rights.

Any right that has not been expressly conferred in the instrument hereby is understood to be reserved to ARCH.

Update: April 19th, 2023.