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Welcome to aarke.com - for end users in the United States and Canada.
aarke.com, available by desktop or mobile web, or smartphone application (hereinafter the “Website”) is presented and available for the purpose of allowing end users to experience, review, and purchase Aarke products.
You understand that by using this Website or any services provided on this Website, you may encounter content that may be deemed by some, including you, to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that we have no liability to you for content that may be deemed offensive, indecent, or objectionable.
Information at the Website
We cannot guarantee that the content of the Website is free from errors or that the information is up to date. We may at any time amend the content of the Website, including the price for a product. The presentation of a product at the Website does not imply or warrant that such product is available at all times.We reserve the right to discontinue any product at any time.
We make all reasonable efforts to accurately display the products, including their colors. However, the actual color you see will depend on your system configuration and we cannot guarantee that your computer will accurately display such colors.
Please note that products available for purchase from the Website are intended for non-commercial use only.
Content on the Website and restrictions
Unless otherwise noted, the design of the Website, including the software, source code, text, images and all other content and materials that are part of the Webite (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us or a third party. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Webite.
You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website without our explicit prior approval. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Website. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable, sub-licensable and unrestricted license to fully exploit such User Comments.
You agree and acknowledge that no User Comments submitted by you (as determined by the us, in our sole discretion) will (i) contain: libelous, indecent, obscene or pornographic material, hate speech, or any illegal subject matter or activities, as determined by us in our sole discretion); (ii) violate any law or regulation governing false or deceptive advertising, comparative advertising or trade disparagement; (iii) contain any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (iv) infringe on any intellectual property rights; such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (v) contain any “worm”, “virus” or other similar code or material that could, e.g., impair or injury any person or entity; (vi) harass or advocate harassment of another person; (vii) involve the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (viii) contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (x) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or (xi) engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes (collectively referred to as the “Prohibited Content”). You may not post any Prohibited Content anywhere on the Website.
Responsibility and indemnification
Disclaimer of Warranty and Limitation of Liability:
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THAT INFORMATION DERIVED FROM THE WEBSITE, DIRECTLY OR INDIRECTLY, WILL FULFILL ANY USER’S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE WEBSITE SHALL BE AT EACH USER’S OWN DISCRETION AND SOLE RISK. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM OR THROUGH THE SITE. WE SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disclosure By Law
You acknowledge and agree that we may disclose information you provide (including, without limitation, personal data ) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if we, in our sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend our, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence, or abuse against any person is threatened.
Activity Monitoring and Blocking
Although we have the right to monitor activity and content associated with the Website, we are under no obligation to do so.
In order to protect the integrity of the Webite, we reserve the right at any time in our sole discretion to block certain users and/or IP Addresses from accessing the Webite.
We reserve the right to assign or pledge to third parties any agreement entered into with you, either under these Terms for Use or any other agreement entered into between us and you.
In the event that the parties are unable to resolve the dispute, the parties agree that the dispute shall be settled utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Lobby Ventures Inc.
Company reg no: 4935903
260W 39th Street 9th Floor
New York 10018
New York , USA.