Terms of Use
Terms of Use
Effective September 30, 2024
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU EXPRESSLY AGREE TO AND ACKNOWLEDGE EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO AND ACKNOWLEDGE EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
WTS International, LLC d/b/a Arch Amenities Group, Arch Pools, Hutchinson Consulting, LifeStart, NYS Pool Services, Privai, ISM Spa, Synergy Sports Group, United Pool Services, Wage Insight, and Wage Insights; and Arch Apps, LLC, with their corporate headquarters at 311 South Wacker Drive, Suite 5820, Chicago, Illinois 60606, United States of America, (collectively, “Arch Amenities Group”, “AAG”, “we”, “our”, or “us”) provide various websites and applications (“apps”) available to customers and visitors located throughout the world. Our websites and apps include, without limitation, this website and other customer facing platforms we do or may operate, including www.wageinsights.com, www.hutchinsonconsulting.com, www.privai.com, profiles.archamenity.com, insights.archamenity.com, archamenityevents.com various facility websites we operate, and mobile apps (collectively, our “sites”). Our sites are controlled and operated from the United States and are subject to United States law.
The content and information displayed within our sites are the property of AAG and are collectively referred to as “AAG Information”. The downloading, reproduction, or re-transmission of AAG Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted via AAG’s prior written consent.
Use of Site
The services of the sites are available only to individuals who can form and be subject to legally binding contracts under applicable law, and thus, are not available to minors. By using the sites, you represent that you are of sufficient legal age to do so and to create binding legal obligations for any liability you may incur as a result of the use of the sites. You also represent and warrant that you are legally authorized to make purchases for either yourself or for another person for whom you are authorized to act.
The sites are to be used by you for your personal use only. You agree that you will not use the sites for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial), or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise to the sites without the express written permission of Arch Amenities Group. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Arch Amenities Group or any third party that provides services related to the sites.
“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with the sites. If you participate in a Chat Area, you agree that, in addition to complying with the Terms and Conditions, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene, or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for your use of the Chat Area. Arch Amenities Group reserves the right to remove or edit content from any Chat Area at any time and for any reason, however, Arch Amenities Group has no duty to do so and is not responsible for the content or accuracy of any information in a Chat Area.
We reserve the right, at our discretion, to change and/or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.
User Feedback
By submitting any ideas, comments, suggestions, or other information: to a Chat Room; or to Arch Amenities Group related to improvements to the sites or services related to the sites; (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, Arch Amenities Group’s property. None of the Feedback shall be subject to any obligation of confidentiality on Arch Amenities Group’s part and Arch Amenities Group shall not be liable for any use or disclosure of any Feedback. Arch Amenities Group shall own all rights related to the Feedback (including, without limitation, intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Trademarks
Our sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of Arch Amenities Group and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of Arch Amenities Group and/or other parties is granted to or conferred upon you. The www.archamenity.com site and/or certain activities provided via our sites may be covered by U.S. Patent No. 6,091,956 and/or U.S. Patent No. 7,624,044.
Monitoring
You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, automatic device, or manual process to monitor, scrape, or copy our sites or the AAG Information contained therein, or any aspect of the sites or the AAG Information, without the prior express, written consent from an authorized Arch Amenities Group representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our sites). Furthermore, you agree that you will not use our sites for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our sites in any way, including, without limitation, using any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that Arch Amenities Group has no obligation to but may monitor and review information you transmit over the sites. You agree that Arch Amenities Group may censor, edit, remove, or prohibit the transmission or receipt of any information that Arch Amenities Group deems inappropriate or in violation of these Terms of Use, and use any such information as necessary to provide the sites or to protect the rights or properties of Arch Amenities Group. You agree that Arch Amenities Group may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use our sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our sites, including, without limitation, if you violate any of the provisions of these Terms or Use.
Privacy
Arch Amenities Group’s Privacy Policy describes how we will protect your privacy and handle your personal information when using our sites. By using our sites, you agree that Arch Amenities Group can use such information in accordance with this policy available at https://www.archamenity.com/privacy-policy.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, JavaScript code, Java applets, Active X controls, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the site without the prior consent of the copyright owner.
None of the material contained on the Arch Amenities Group site may be reverse engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, via photo reproduction, via recordation, or otherwise), resold, or redistributed without the prior written consent of Arch Amenities Group. Violation of this provision may result in severe civil and criminal penalties.
Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND AAG INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR AAG INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE, OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. BY USING ANY OF OUR SITES AND/OR AAG INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
Passwords
Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole and unilateral discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms of Use.
Limitation of Liability
To the maximum extent permitted by law, we, other members of our group, and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT ARCH AMENITIES GROUP IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF ANY CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend us against any demands, claims, or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs, and expenses (including attorneys’ fees and insurance deductibles) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Confidentiality
With respect to all communications you make to us regarding AAG Information, including, but not limited to, feedback, questions, comments, suggestions, and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose, and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information.
Inaccuracies and Errors
AAG Information may contain technical inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability applicable to your transaction. Arch Amenities Group does not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Arch Amenities Group reserves the right to make changes, corrections, cancellations, and/or improvements to AAG Information, and to the products and programs described in such information, at any time, without notice, including after confirmation of a transaction.
Miscommunications/Lost Transactions
Arch Amenities Group and any other providers of products or services related to the sites are not responsible for communication malfunctions, failures, or difficulties; or for lost, stolen, or misdirected transmissions, messages, or entries; or the security of any such communications. Further, Arch Amenities Group and any other providers of products or services related to the sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the sites, or by any technical or human error that may occur in the processing of any information related to the sites. Arch Amenities Group and any other providers of products or services related to the sites may cancel or modify any product orders or scheduled services where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither Arch Amenities Group nor any other providers of products or services related to the sites are responsible for any damages that may arise as a result of any product orders or scheduled services you request or make on the sites which are not processed or accepted for any reason.
Services General Terms
In addition to the other terms and conditions specified on the sites regarding our facilities, the following general terms and conditions apply to services scheduled on the sites:
Cancellation policies and other information about specific products and services may vary by facility and by the type of product or service requested. Individual rate rules, tax information, applicable charges, and cancellation policies are displayed during the reservation process on the Site.
For non-US Properties, rates confirmed in USD may be converted to local currency by the specific facility at your time of service, based on the exchange rate used by the facility and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the facility’s or AAG’s control and may impact the amount charged to your credit card.
Availability of Products and Services
Our sites contain information on Arch Amenities Group products and services, not all of which are available in every location. A reference to an Arch Amenities Group product or service on one of our sites does not imply that such product or service is or will be available in your location. Images may not match the actual facilities and services booked by you on our sites.
Third-Party Sites
Any use of the maps functionality on this site shall be governed by the End User Terms of Use for the applicable maps application. Arch Amenities Group shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.
If you choose to leave our sites via links to other third-party websites, including those of advertisers, our Terms or Use and our Privacy Policy will no longer apply. We are not responsible for the terms and conditions, terms of use, privacy statements, or privacy policies of those third-party websites, cookies, pixel tags, and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Arch Amenities Group is not responsible for the availability of such third-party sites or resources, and that Arch Amenities Group does not endorse or assume responsibility or liability for any content, advertising, products, or other materials on or available from such third-party sites or resources.
Governing Law
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms of Use may be filed only in the state or federal courts located in the State of Illinois, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Arbitration
Except with respect to any claim or dispute involving the ownership, validity, or use of any Arch Amenities Group trademarks or service marks, any dispute arising out of or related to the sites (including any claim that any provision of these Terms of Use are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). Arch Amenities Group shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief, and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held remotely and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and Arch Amenities Group waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and Arch Amenities Group waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms of Use, as a court would.
In reaching their decision, the arbitrator shall follow these Terms of Use, shall be bound to apply the applicable law, and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, or representative group or class. The arbitrator shall include in their award any relief they deem proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree that you will not file a class action against Arch Amenities Group or participate in a class action against Arch Amenities Group. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Arch Amenities Group.
If you have questions about these Terms of Use, please send an e-mail to [email protected].