Terms of Use

Terms of Use 

Welcome to aarke.com/us, aarke.us, and aarke.ca - for end users in the United States and Canada. 

Aarke.com/us, aarke.us, and aarke.ca, 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. 

The following terms and conditions (hereinafter the “Terms of Use”) apply to you as visitor to or user of the Website (hereinafter “you”). By using this Website, you agree to be bound by these Terms of Use in relation to Aarke Inc. (hereinafter “we” or “us”). These Terms of Use may be modified by us at any time by posting an update hereof on this Website. If you do not agree to these Terms, please do not use or access the Webite. Effective upon posting on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes. Failure to abide by any of the terms or conditions set forth in these Terms for Use shall be grounds for us to deny access to the Website and we reserve the right to seek all remedies available by law and in equity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. Use of the Website, by making a purchase on the Website, by subscribing for newsletters or otherwise creating an account on the Website purchases of products is also governed by our Privacy Policy.

By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you do not fulfill these requirements you may not use this Website.

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 display the products, including their colors accurately. 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. 

The Website may contain links to sites and mobile apps of third-party providers and websites and sites/dealings with other advertisers that are not under our control. You acknowledge and agree that we are not responsible or liable for the content of any linked site or app or any link contained in a linked site or app, or any changes or updates to such sites or apps. Your correspondence or business dealings with, or participation in promotions of, third party providers (including, without limitation, advertisers) found on or through the Website are solely between you and such third-party providers. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through any such site or as the result of the presence of such third-party providers on the Website. This includes the sharing of the information you supply to us with third-party providers (including, without limitation, advertisers) or as the result of the presence of such third-party providers on the site. Please visit our Privacy Policy to learn more about how we use your information.

User comments 

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 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.

Personal data

By visiting the Website, by making a purchase on the Website, by subscribing for newsletters or otherwise creating an account on the Website, you accept our Privacy Policy, as amended from time to time.

Responsibility and indemnification

You are solely responsible for any and all legal liability arising out of or relating to your breach of any term or condition set forth in these Terms of Use, including, without limitation, your posting of Prohibited Content anywhere on the Webite. You hereby agree to indemnify, defend and hold harmless us and our licensors, officers, directors, agents, employees and independent contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (i) for libel, defamation, violation of the right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party, fraud, false advertising, misrepresentation, product liability or violation of law, statute, ordinance, rule or regulation throughout the world in connection with your use of the Website; (b) arising out of any breach by you of any undertaking representation, warranty or covenant under these Terms of Use; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from a posting made by you on the Website.

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.

Inconsistency

In the event of any inconsistency between our Privacy Policy and these Terms of Use, these Terms of Use shall have precedence.

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.

Termination

You acknowledge and agree that we may, with or without cause, immediately terminate your access to the Website without prior notice. We are not required, and may be prohibited, from disclosing a reason for terminating your access. Reasons for termination shall include, without limitation, (i) breaches or violations of these Terms of Use, our policies as may be in effect from time to time, (ii) requests by any governmental agency, (iii) technical problems, and (iv) extended periods of your inactivity. We may terminate your use by sending notice to you at the email address you provide in your registration with the Website, or such other email address as you may later provide to us. All decisions regarding the termination of your access shall be made in our sole discretion. Even after your access is terminated, these Terms of Use will remain in effect. All terms that by their nature may survive termination of any agreement between you and us shall be deemed to survive such termination. You may unsubscribe to our communications by clicking here: info@aarke.us and typing “UNSUBSCRIBE” in the subject line.

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 Website, we reserve the right at any time in our sole discretion to block certain users and/or IP Addresses from accessing the Website.

No Waiver

No waiver of any breach of any provision of these Terms of Use by us shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative.

Entire Agreement

These Terms of Use and the Privacy Policy contain the entire agreement between you and us regarding the use of the Website. Purchase of products and services via the Website is also governed by the Terms for Purchase. 

Assignment

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.

Jurisdiction

These Terms of Use shall be construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Dispute Resolution
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party not less than 30 days from the date of mailing to respond to the dispute. Notice sent to us shall be sent to the address stated below.

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.

Company information

Aarke Inc

c/o Batch & Company PC

1150 S. Cedar Crest Blvd. Suite 203

Allentown, PA 18103 

support@aarke.com