End User License Agreement / Terms of Service

Important notice: THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AGREEMENT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND NINE BOX PRESS LLC. IT MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THE DISPUTE RESOLUTION SECTION AND THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

These Terms of Service (“Terms”) govern your access to and use of the Arclaunch service (the “Service”) operated by Nine Box Press LLC, a Florida limited liability company (“Nine Box Press,” “Arclaunch,” “we,” “us,” or “our”). Arclaunch is a software-as-a-service Service that helps independent authors and publishers manage Advance Reader Copy (ARC) review campaigns, track reader activity, record reviews, and generate related materials.

By creating an account, accessing, or using any part of the Service, you agree to be bound by these Terms, including any additional terms and policies referenced herein or available by hyperlink (including our Privacy Policy). If you do not agree to all of these Terms, you may not access or use the Service.

Your use of the Service is licensed, not sold. No title or ownership of the Service or any related software is transferred to you under these Terms.

We may update these Terms from time to time by posting a revised version on this page. Your continued use of the Service after any changes constitutes acceptance of the updated Terms. It is your responsibility to review this page periodically.

1. SERVICE.

To use the Service, you may be required to register, or have previously registered, a Arclaunch Account (an “Account”). Use of all services, and creation and use of accounts, are subject to the following terms and conditions:

(i). You may establish an Account only if you are an adult in your country and state of residence; corporations, limited liability company, partnerships and other legal or business entity; and you are not an individual specifically prohibited by Arclaunch from using the Service.

(ii). When you create or update an Account, you must:

Provide Arclaunch with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to use certain features offered on the Service, you may also be required to provide further identifying information. Arclaunch shall also have the right to obtain non personal data from your connection to the Service; and select a unique username and password (collectively referred to hereunder as “Login Information”). You may not share the Account or the Login Information with anyone unless the terms of this Agreement allow it.

(iii).To use additional services, you may need to add specific licenses to the account which may require an authentication from Arclaunch

(iv).You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Arclaunch in writing at Arclaunch.

(v). You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Service, you acknowledge that payments will be processed automatically (e.g., debited from your Account or charged to your credit card) until you cancel the subscription or the Account. Arclaunch may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT ARCLAUNCH IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO ARCLAUNCH FOR USE OF THE SERVICE, OR FOR DIGITAL PURCHASES MADE THROUGH THE SERVICE, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.

(vi)._Arclaunch shall have the right to monitor and/or record your communications when you use the Service, and you acknowledge and agree that when you use the Service, you have no expectation that your communications will be private. Arclaunch shall have the right to disclose your communications for any reason, including: (1) to satisfy any applicable law, regulation, legal process or governmental request; (2) to enforce the terms of this Agreement or any other Arclaunch policy; (3) to protect Arclaunch’s legal rights and remedies; (4) to protect the health or safety of anyone that Arclaunch believes may be threatened; or (5) to report a crime or other offensive behavior.

(vii). Our network services rely on third-party infrastructure. Service quality and coverage are not guaranteed and are subject to third-party carrier availability and outages.

2. GRANT OF LICENSE.

If you accept and comply with the terms of this Agreement, Arclaunch will grant, and you will receive, a limited, revocable, non-sublicensable, and non-exclusive license to use the Service subject to the “License Limitations,” set forth below, as follows:

(i). You may use the Service and connected services for legal and within scope of commercial purposes only, unless specifically allowed under the terms of this Agreement.

(ii). You must comply with all local, state, federal, and international laws where applicable when storing, cataloguing, or collating any information.

(iii). You may not transfer your rights and obligations to use the Service.

(iv).Some of the software may be subject to specific license terms that may include the following:

(a). Trial versions of Services that allow limited version of the Service before purchase requirements.

(b). In certain cases, the “full version,” of the Service can only be utilized after you purchase and addition of the requisite license to your Account.

3. CHILDREN UNDER THIRTEEN.

_Arclaunch does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Arclaunch only with permission of a parent or guardian. Arclaunch does not permit contracts with minors under Florida law.

4. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES.

Arclaunch may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Arclaunch and Arclaunch is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Arclaunch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Arclaunch of the site or any association with its operators.

Certain services made available via Arclaunch are delivered by third party sites and organizations. By using any product, service or functionality originating from the Arclaunch domain, you hereby acknowledge and consent that Arclaunch may share such information and data with any third party with whom Arclaunch has a contractual relationship to provide the requested product, service or functionality on behalf of Arclaunch users and customers.

5. LICENSE LIMITATIONS.

Arclaunch may suspend or revoke your license to use the Service, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

(i). Derivative Works: Copy or reproduce (except as provided in this Agreement.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Service.

(ii) Modification: Modifying the Service in any manner not expressly authorized by Arclaunch; and/or any code and/or software, not expressly authorized by Arclaunch that can be used connection with the Service, and/or any component or feature thereof which changes and/or facilitates usage or other functionality

(iii). Prohibited Commercial Usage: Exploit in its entirety or individual components, the Service for any purpose not expressly authorized by Arclaunch, including but not limited to: communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Service; or organizing, promoting, facilitating, or participating in any event using the Service in any open public venue without prior authorization.

(iv). Cloud Computing: Use of the Service or any connected service with any unauthorized third-party to include but not limited to mirroring is strictly prohibited.

(v). Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Service without express written authorization by Arclaunch.

(vi). Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Service including but not limited to any connection to any unauthorized server that emulates or attempts to emulate the Service; and any connection using third-party programs or tools not expressly authorized by Arclaunch.

(vii) Multiple/Pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the Service and connected services software, does not reduce the number of licenses you need. You may only use such software if you have a license for each instance of the Service and connected services you are using.

(viii). Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Service or component thereof or your rights to the Service to any other party in any way not expressly authorized herein.

(ix). Disruption: Disrupting or assisting in the disruption of any computer used to support the Service or any connected service. Such actions will be prosecuted to the maximum extent available by both civil and criminal law as applicable.

(x). Harassment: Usage of the Service or any connected services for the purposes of harassment. Such actions will be prosecuted to the maximum extent available by both civil and criminal law as applicable.

6. AUTHOR RESPONSIBILITIES.

You (the author) are solely responsible for how you use any review content that appears in your account; ensuring that any republication or quotation of reader-authored text complies with the terms of the Service on which the original review was posted and with applicable law; the accuracy of any material-connection disclosures you are required to make under FTC guidelines or Service rules; and obtaining any additional permissions that may be required beyond the consent collected through the Service.

You represent and warrant that you will not use the Service to solicit, obtain, exchange, or publish reviews that are paid for, incentivized, fabricated, or otherwise not the reader’s genuine and independent opinion.

You agree to indemnify Arclaunch against third-party claims arising from your use of reader-authored content in violation of these Terms or applicable law.

A. Material-Connection Disclosures. You are responsible for ensuring that any public use of reader reviews complies with applicable FTC Endorsement Guides and the rules of the Services on which the reviews originally appeared. The Service provides tools that may help you remind readers of disclosure obligations, but the legal obligation to make required disclosures remains with you and/or the reader, as applicable.

B. Minors and Children’s Privacy. You acknowledge that the Service is not directed to children under the age of 13 and that Arclaunch does not knowingly collect personal information from children under 13 without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and related regulations.

You agree that you shall not: target, market, or knowingly direct invitations, links, or calls-to-action for reviews or account creation on the Service to children under the age of 13; or collect or solicit personal information from children under 13 in connection with driving traffic to, or encouraging use of, the Service.

You warrant that any invitation or promotion you send regarding the Service will comply with applicable law, including COPPA. You further agree to cooperate fully with Arclaunch in investigating and responding to any notice or claim that a minor under 13 has provided personal information through the Service in connection with Author’s activities, and to promptly delete or cease any related data collection on Author’s own systems upon request.

Arclaunch reserves the right to suspend or terminate Author’s access to the Service, remove associated reviews or content, and seek indemnification for any claims, damages, or regulatory actions arising out of Author’s breach of this section or Author’s targeting of minors.

C. Author-Uploaded Content. You retain all ownership rights in the materials you upload to the Service, including book covers, logos, titles, descriptions, branding assets, and any other content you provide (“Author Content”).

By uploading Author Content, you grant Nine Box Press LLC (operating as Arclaunch) a non-exclusive, worldwide, royalty-free license to store, process, and display the Author Content within the Service for the purpose of providing the Service to you; composite, incorporate, and use the Author Content in share cards, launch-kit materials, and other assets generated by the Service; and permit you to download, use, and distribute those generated materials.

This license is limited to the operation of the Service and the generation of materials for your use. It does not transfer ownership of your Author Content to Arclaunch, and it does not give Arclaunch any right to use your Author Content for its own marketing or other purposes unrelated to providing the Service to you.

You represent and warrant that you own or have all necessary rights to the Author Content you upload and that your use of it through the Service does not infringe the rights of any third party.

7. CSV DATA EXPORT.

When you export campaign or reader data as a CSV file, the export includes a per-row consent flag and consent timestamp for any review text that a reader submitted.

Where the consent flag is “Yes,” the limited license described in the Reader Review Content section applies. You may use that text only for the surfaces and purposes permitted by that license.

Where the consent flag is “No” (or the row was author-entered), you have no license from Arclaunch or the reader to publish, quote, or distribute the review text on any public surface. You may retain the data for your internal campaign records only.

You agree not to strip, obscure, or misrepresent the consent flag when using or further transferring an exported file.

8. OWNERSHIP.

Arclaunch is the owner or licensee of all right, title, and interest in and to the Service, including all connected services that are produced and developed by Arclaunch including Accounts; all of the features; and components thereof. The Service may contain materials licensed by third parties to Arclaunch and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Service are owned or licensed by Arclaunch:

(i). All virtual content appearing within the Service and connected services including but not limited to visual components, artwork, designs, animations, and audio-visual effects.

(ii). All data and communications generated by or occurring through the Service and connected services.

(iii). Computer code, including but not limited to “Applets” and source code.

(iv). Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service and connected services.

(v). All Moral Rights that relate to the Service and connected services derived from Arclaunch such as the right of attribution, and the right to the integrity of certain original works of authorship.

(vi). The right to create derivative works and as part of this Agreement you agree that you will not create any work based on the Service and connected services except as expressly set forth in this Agreement or otherwise by express written permission by Arclaunch.

9. INTELLECTUAL PROPERTY.

All trademarks, service marks, logos, and content displayed on the Service are the property of Arclaunch or its licensors. You may not copy, reproduce, modify, or distribute any materials from the Service without our prior written consent.

A. Errors, Inaccuracies, And Omissions. Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, or availability. Arclaunch reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

10. READER REVIEW CONTENT.

The Service allows authors to invite readers to report reviews they have posted. When a reader submits review information through the Service (Service, rating, link, and/or review text), that submission is stored in the author’s account.

Where a reader affirmatively consents (by checking the consent box on the submission form), the reader grants Nine Box Press LLC (operating as Arclaunch) a non-exclusive, worldwide, royalty-free, sublicensable license to: store and process the submitted review text and related data; display that content to the author who invited the reader; generate and permit the author to use shareable graphics (“share cards”), embeddable review widgets, and launch-kit materials that incorporate the review text or a verbatim excerpt of it; and transmit the review text to a third-party AI service solely for the purpose of suggesting a short verbatim pull-quote, but only when the reader has consented.

The license is limited to the surfaces and purposes described above. It does not permit Arclaunch or the author to alter the substance of the review text so as to misrepresent what the reader wrote.

Consent is collected per submission, is opt-in, and is unchecked by default. A review may still be recorded even if the reader declines consent; declined or author-entered reviews carry no public-surface license and are permanently ineligible for share cards, widgets, or launch kits.

An author cannot consent on a reader’s behalf. Reviews that an author records manually never carry consent.

11. SCOPE.

The public surfaces covered by a reader’s consent are: share cards generated by the Service for social-media use; the embeddable review widget that an author may place on the author’s own website; and materials included in a launch-kit bundle generated by the Service.

A reader may withdraw consent at any time by resubmitting the form with the consent box unchecked or by contacting Arclaunch at the address provided in the Privacy Policy. Upon receipt of a valid withdrawal request, Arclaunch will stop generating new public materials that incorporate the review and will remove the review from any live embed widget under its control within a commercially reasonable time. Already-distributed share cards, previously downloaded materials, and materials the author has independently copied outside the Service cannot be recalled.

Consent is recorded with a timestamp and a Yes/No flag that is included in any CSV export of campaign data.

12. MONITORING.

Arclaunch may monitor use of the Service for security, abuse, and compliance purposes. This includes detecting automated account creation, bots, scraping, rate-limit evasion, unauthorized access attempts, and other violations of these Terms. We may collect technical logs and usage data reasonably necessary for these purposes. We may suspend or terminate accounts engaged in abusive or automated behavior. Usage of the Service and connected services grants consent to the above terms.

13. LIABILITY LIMITATION.

Important notice: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, CONNECTED SERVICES, AND ACCOUNTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICE AND CONNECTED SERVICES REMAINS WITH YOU.

Important notice: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCLAUNCH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, USE, OR BUSINESS OPPORTUNITY), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR CONNECTED SERVICES, EVEN IF ARCLAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Important notice: IN NO EVENT SHALL ARCLAUNCH’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE TOTAL FEES YOU PAID TO ARCLAUNCH DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (OR, IF NO FEES WERE PAID, ONE HUNDRED U.S. DOLLARS ($100). IF APPLICABLE LAW DOES NOT ALLOW THE FOREGOING LIMITATION, ARCLAUNCH’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Important notice: YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR ANY WARRANTY (TO THE EXTENT ANY WARRANTY IS NOT FULLY DISCLAIMED) IS, AT ARCLAUNCH’S SOLE DISCRETION, CORRECTION OR REPLACEMENT OF THE AFFECTED PORTION OF THE SERVICE OR CONNECTED SERVICES, OR A REFUND OF THE AMOUNT YOU PAID FOR THE AFFECTED PORTION (EXCLUSIVE OF SHIPPING AND HANDLING). ARCLAUNCH SHALL HAVE NO LIABILITY FOR ANY LOSS OF DATA.

Important notice: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. INDEMNITY.

You agree to indemnify, defend and hold harmless Arclaunch its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Service or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Arclaunch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Arclaunch in asserting any available defenses.

15. EQUITABLE REMEDIES.

You agree that Arclaunch would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event you agree that Arclaunch shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Arclaunch will not limit its ability to receive remedies that are otherwise available to Arclaunch under applicable laws.

16. ALTERATIONS.

(a). Alterations to the Agreement.

(i). Arclaunch’s Rights. Arclaunch may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.

(ii). New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between the Parties once you have notified Arclaunch of a Dispute. If you do not wish to be bound by a New Agreement, you must immediately cease using, and uninstall, the Service and connected services. Your continued use of your account, the Service and connected services after Arclaunch has published a New Agreement constitutes acceptance by you of the New Agreement.

(b). Alterations to the Service and Availability. Arclaunch may change, modify, suspend, or discontinue any aspect of the Service and connected services or accounts at any time. Arclaunch may also impose limits on certain features or restrict your access to parts or all of the Service and connected services or accounts without notice or liability. Except as otherwise set forth herein, Arclaunch does not guarantee that any particular Service, connected services, or account(s), or any particular features or components thereof will be available at all times, at any given time, or in all countries and/or geographic locations, or that Arclaunch will continue to offer the Service, connected services, or accounts, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although Arclaunch will endeavor to use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Arclaunch’s control or causes the provision of such advance notice not to be possible or feasible.

17. TERM AND TERMINATION.

(a). Term. This Agreement is effective upon your creation of an account and shall remain in effect until it is terminated or superseded by a New Agreement or if neither of the foregoing events occur, as long as you continue using the Service and connected services. In the event that Arclaunch chooses to cease providing the Service and/or connected services, or license to a third party the right to provide the Service and connected services, Arclaunch shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Arclaunch’s control or causes the provision of such advance notice not to be possible or feasible. Neither the Service and connected services nor Arclaunch’s agreement to provide access to the Service and connected services shall be considered a rental or lease of time on the capacity of Arclaunch 's servers or other technology.

(b). Termination. You may terminate this Agreement at any time through your account profile settings or by notifying Arclaunch by email but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

Arclaunch reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Arclaunch may provide you with a prior warning and/or suspend your use of the account due to your non-compliance prior to terminating the Agreement or modifying or deleting an account.

In the event of a termination of this Agreement you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Service or connected services. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

18. DISPUTE RESOLUTION.

This section may significantly affect your rights, including the right to file a lawsuit in court or to pursue claims in a class or representative capacity. Read this section thoroughly.

(a).Binding Arbitration and Class Action Waiver If You Live In The United States.

In the event of an unresolvable dispute you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties.

(i). Disputes Covered. The term "dispute" is interpreted as broad as possible to include any claim or controversy between you and Arclaunch that in any way relates to or arises from any aspect of our relationship including but not limited to your use or attempted use of the Service and connected services, and all marketing related to them, your account(s), any licensed content, and all matters relating to or arising from this Agreement, or any other agreement between you and Arclaunch ,including the validity and enforceability of this agreement to arbitrate under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’; our, or our licensors’ intellectual property rights.

(ii) Arbitration Notice. If you have a dispute with Arclaunch that cannot be informally and you wish to pursue arbitration, you must first notify Nine Box Press LLC d/b/a Arclaunch in writing at the following 336 E. College Ave. Suite 301, Tallahassee, FL 32301. Your notice of dispute must be individual to you and must include, as applicable, your name, the email address associated with your Account, and your worksite address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell Arclaunch your desired resolution. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed.

(iii). Small Claims Court Option. Instead of sending a Notice of Dispute, either you or Arclaunch may file suit against the other party in small claims court seeking only individualized relief so long as the action meets the small claims court’s requirements. This must remain an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).

(iv). Multiple Party Arbitration. If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and Arclaunch agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules.

(v). Arbitration Fees. Arbitration fees shall be split between parties with the prevailing party being entitled to such fee reimbursement.

(vi). Primary ADR Method. If after exhaustion of all appeals, any part of this section is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request).

(b) Choice of Law: Unless this Agreement includes express language to the contrary, all Disputes shall be governed by and construed under the laws of the United States of America and the laws of the State of Florida, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Arclaunch agree to submit to the exclusive jurisdiction of the state and federal courts in Clay County, Florida. You and Arclaunch consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. Users who access the Service from outside of the United States and Canada, are responsible for compliance with all applicable local laws. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.

19. FDUTPA COMPLIANCE.

You acknowledge that your use of the Service shall not involve any deceptive, unfair, or misleading practices prohibited under the Florida Deceptive and Unfair Trade Practices Act. Arclaunch reserve the right to terminate accounts and pursue remedies under Florida law if you engage in conduct deemed deceptive or unfair in connection with the Service.

20. LEGAL COMPLIANCE.

In compliance with Florida Statutes § 501.171, Arclaunch will provide notice of any data security breach involving your personal information as required by law. You agree to promptly notify Arclaunch if you suspect unauthorized use of your account or credentials.

21. ACCOUNT TERMINATION.

Arclaunch may suspend or terminate your account, with or without notice, if Arclaunch determine that you have violated these Terms, engaged in fraudulent or abusive activity, or if your continued use poses legal or reputational risk to us.

22. VENTURE DISCLAIMER.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arclaunch as a result of this agreement or use of the Service. Arclaunch 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Arclaunch 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Arclaunch with respect to such use.

23. SEVERABILITY.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

24. SURVIVABILITY.

All obligations of the Parties which expressly or by their nature survive the expiration, termination or assignment of this Agreement indemnification provisions herein, and shall continue in full force and effect subsequent to notwithstanding the termination or expiration of this Agreement until they are satisfied in full or by their nature expire.

25. INTEGRATION.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Arclaunch with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Arclaunch with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

26. GENERAL.

You understand and agree that the Service and connected services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Service under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Service in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Service in connection with an end-use prohibited by U.S. law.

Arclaunch may assign this Agreement in whole or in part to any person or entity at any time with or without your consent. You may not assign this Agreement without Arclaunch’s prior written consent. Your assignment of this Agreement without Arclaunch’s prior written consent shall be void.

Arclaunch’s failure to enforce a provision of this Agreement shall not be construed as a waiver of such provision, or diminishment of any right to enforce such provisions. Further, Arclaunch may choose to waive enforcement of a provision of this Agreement in a particular instance. However, you are still obligated to comply with that waived provision in the future.

(a). Artificial Intelligence:

(i). The Service and connected services may use artificial intelligence (AI) and algorithms for the purposes of enhancing efficiency in searches and/or research. Accuracy and applicability of the information provided is not guaranteed.

(ii). In using the Service and connected services you agree to indemnify Arclaunch from all claims regarding to your usage of AI and any effects thereof from implementation of information gained.

(iii). In using the Service and connected services you agree that any information obtained through AI searches or research is -not- to be considered legal advice or guidance in any format.

(iv). You further agree that it is your responsibility to ensure all information

obtained in -any- AI searches or research for accuracy and applicability.

(v). You further agree to indemnify Arclaunch from any claims regarding any civil or criminal misuse of the Service and connected services’ AI.

(b). Ai Processing Of Consented Review Text:

When an author generates a share card from a review for which the reader has consented, the Service may transmit the review text (and only the review text) to a third-party AI provider for the sole purpose of suggesting a short verbatim excerpt. No account information, contact details, or other personal data accompany the transmission. Reviews for which the reader declined consent are never sent.

By generating a share card from consented review text, you acknowledge this limited processing. Further details are set out in the Privacy Policy.

(c). Cloud Storage:

(i). The Service and connected services offers the option for document storage through Arclaunch.

(ii). Arclaunch makes no claims of data security or storage safety for third-party hosts. Usage of Arclaunch is governed by their own services terms and conditions.

(iii). In using the Service and connected services, you agree to indemnify Arclaunch from all claims related to data breaches, loss, or destruction related to usage of Arclaunch.

(d). Notices:

(i) All notices given by you under this Agreement shall be in writing and addressed to: Nine Box Press LLC d/b/a Arclaunch, 336 E. College Ave. Suite 301, Tallahassee, FL 32301

(ii). Except as expressly set forth to the contrary herein, all notices given by Arclaunch under this Agreement shall be given to you either through written notice, email, or website blog post.

(e). Force Majeure. Arclaunch shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Arclaunch such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, lockdowns, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

(f). Electronic Signature. By using the Site, you consent to the use of electronic records

and signatures in connection with all transactions and communications, as permitted under the Florida Electronic Signature Act.