Terms of Service
These terms and conditions (the “Agreement”) shall govern all use of Pro Custodibus services (the “Service”). The Service includes all sites or services available from procustodibus.com or custodib.us, past, present, or future. By using the Service, you are agreeing to be bound by the Agreement.
The Agreement is between you (“you”) and the owner and provider of the Service, Arcem Tene (“Arcem Tene”). The Agreement constitutes the parties’ entire agreement over the Service, and merges and supersedes all prior agreements. By agreeing to these terms, you represent and warrant that you have the authority to accept the Agreement. If agreeing on behalf of a company or legal entity, you represent and warrant that you have the authority to bind such entity to the Agreement. In the absence of such authority, you may not use the Service.
Use of the Service
You agree to not use the Service for unlawful activities, or for activities prohibited by the Agreement. You agree to not disrupt the Service, nor disrupt the use of the Service by third parties.
The Service is provided exclusively to individuals who are at least 18 years of age, or to minors who have obtained parental or legal guardian consent.
Limited Warranties and Liability
You agree that the Service may be unavailable for periods of time. Arcem Tene makes no guarantee or warranty of the availability of the Service. You agree that Arcem Tene may change, suspend, or discontinue any part of the Service at any time for any reason, and without prior notice.
Except as expressly stated in the Agreement, the Service is provided “as is”. To the maximum extent permitted by law, Arcem Tene disclaims any warranties (express, implied or statutory, or otherwise), including of merchantability or fitness for particular purpose, whether arising by a course of dealing, usage or trade practice, or course of performance.
You agree to not hold Arcem Tene responsible nor seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service, or failure in such performance. Furthermore, you agree to not hold Arcem Tene liable nor seek indemnification if confidential material is released as the result of a security failure or vulnerability in the performance of the Service.
You agree that Arcem Tene, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of the Service.
To the extent that the Service processes any personal data that is subject to the EU General Data Protection Regulation (GDPR), on the user’s behalf, in the provision of the Service, the terms of the Pro Custodibus Data Processing Agreement (https://www.procustodibus.com/dpa/), which are hereby incorporated by reference, shall apply.
Payment for the Service is non-refundable and any refunds or credits given will be at the sole discretion of Arcem Tene. Accounts terminated due to a violation of the Agreement will incur the loss of all payments and credits and are not eligible for refund.
Term and Termination
The Agreement shall remain in effect unless Arcem Tene or you fail to comply with any provision of the Agreement, or until terminated either by Arcem Tene or by you. Arcem Tene or you may terminate the Agreement at any time for any reason, without cause, and without prior notice. You may not use the Service after the Agreement has been terminated.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and all limitations of liability.
Changes to the Agreement
Arcem Tene may change the Agreement at any time. Arcem Tene shall send a notice to you of the change. Such changes shall be effective immediately upon publication of the changed Agreement at https://www.procustodibus.com/terms/. Continued use of the Service after such change shall constitute your consent to the change.
Enforcement of the Agreement
You agree that if Arcem Tene does not exercise or enforce any right or provision of the Agreement, it shall not constitute a waiver of such right or provision.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid or unenforceable, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remaining provisions of the Agreement shall continue to be valid and enforceable.
The Agreement, and your relationship with Arcem Tene under the Agreement, shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Arcem Tene agree to submit to the exclusive jurisdiction of the courts located in King County, Washington to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Arcem Tene shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Agreement constitutes the whole legal agreement between you and Arcem Tene, and governs your use of the Service, and completely replaces any prior agreements between you and Arcem Tene in relation to the Service.
The parties to the Agreement are independent contractors. Arcem Tene and you each may develop products independently.
Either party may assign the Agreement to an affiliate, but it must notify the other party in writing of the assignment. You consent to the assignment to an affiliate or third party, without prior notice, of any rights Arcem Tene may have under the Agreement to receive payment and enforce your payment obligations, and all assignees may further assign such rights without further consent. Furthermore, either party may assign the Agreement without the consent of the other party in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of such party’s assets. Any other proposed assignment of the Agreement must be approved by the non-assigning party in writing. Assignment will not relieve the assigning party of its obligations under the assigned Agreement. Any attempted assignment without required approval will be void.
The Agreement does not create any third party beneficiary rights except as expressly provided by its terms.
Notices must be in writing and shall be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Arcem Tene must be sent to the address stated at https://www.procustodibus.com/contact/. Notices to you will be sent to the individual at the address you identify as the contact for notices. Arcem Tene may send notices and other information to you by email or other electronic form.
Last updated: 7/21/2020