ArchiveCore Terms of Use

Introduction
Effective: February 12, 2021
Last Updated: 01.31.2023

These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“You/Your” or "User") and ArchiveCore Inc. (“Us” or “We” or “ArchiveCore”), creators of the ArchiveCore Platform (the “Platform”), and govern Your use of the Platform, and all of its content and functionality (collectively, the “Services”). By accepting these Terms of Use and using the Platform, You acknowledge that You have read, understand, and agree to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

What Are The Services?
The Platform provides an efficient and secure way for professionals, training programs and employers to upload and register documents required for hiring and credentialing to the Platform. The Platform allows professionals, training programs and employers to upload the professional’s documents and create a digital fingerprint that is unique for each document. The employer can then verify the origin of each professional’s documents using the digital fingerprint. The Platform allows for a quicker credentialing process so that professionals do not have to wait for administrative delays in the credentialing process.

You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy.

Who Is Eligible To Use The Services?
You must register to create an account (“User Account”) and become a “Registered User” to use the Services. To register, We will provide you with a username and You will provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting ArchiveCore at success@archivecore.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.

By registering for an account and using the Services, You represent and warrant:

  1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
  2. Your Registration Data is true, accurate, current, and complete;
  3. You will update Your Registration Data as needed to maintain its accuracy;
  4. You are authorized to create a User Account (either for Yourself or another person);
  5. You acknowledge and agree to the terms of the Privacy Policy;
  6. You are legally authorized to view information accessible through the Services;
  7. ​

How Will We Tell You If We Change These Terms?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, ArchiveCore reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by (1) posting a new version of the Terms to the Platform and/or (2) sending you a notification to the email address you provided Us in the Registration Data.

If You continue to use the Services after We have let You know that We have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer or mobile device.

Who Owns The Services?
ArchiveCore owns the Services, including all content and functionality You access through the Platform. Subject to Your compliance with these Terms, ArchiveCore grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by downloading and installing the Platform via user's computer.

What Are You Prohibited From Doing?
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Services, which are highlighted below. While using the Services, You shall not:
01. provide false, misleading or inaccurate information to Us or any other user; 02. use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; 03. access content or data not intended for You, or log onto a server or account that You are not authorized to access; 04. violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 05. attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures without proper authorization; 06. interfere or attempt to interfere with the use or functionality of the Platform by any other user, host or network, including, without limitation by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing"; 07. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation; 08. post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; 09. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by US, You, or any other third-party (including another user) to protect the Platform; 10. attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability; or
11. encourage or enable any other individual to do any of the above.

How Should You Protect Your Login Information?
The Platform is designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Services, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Us in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.

How Do We Protect Your Privacy?
We respect Your privacy and take Our commitment to protect Your privacy seriously. This commitment is reflected in the way We protect the information You provide to us. Please see Our Privacy Policy for an explanation of the information that We collect from You and how We use Your information. By clicking “I Agree”, accessing or using the Services, or by downloading, viewing, or uploading any of Our content through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.

General Contract Terms
These Terms, the Privacy Policy, any other agreements executed between You and ArchiveCore, and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between ArchiveCore and You regarding the use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ArchiveCore and You regarding use of the Services.

GOVERNING LAW
These Terms shall be governed by the laws of the Commonwealth of Virginia without reference to its conflict of laws provisions.