The information provided by ARCX Inc. (“we”, “us”, or “our”) on arcx.com (the “Site”) is for general
informational purposes only. All information on the Site is provided in good faith, however we make no
representation or warranty of any kind, express or implied, regarding the accuracy, validity, reliability,
availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCES SHALL WE
HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE
AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
Thank you for choosing to be part of our community at ARCX ("Company", "we", "us", "our"). We are
committed to protecting your personal information and your right to privacy. If you have any questions
or concerns about this privacy notice, or our practices with regards to your personal information, please
contact us at firstname.lastname@example.org .
When you and more generally, use any of our services (the "Services", which include the web site), we
appreciate that you are trusting us with your personal information. We take your privacy very seriously.
In this privacy notice, we seek to explain to you in the clearest way possible what information we collect,
how we use it and what rights you have in relation to it. We hope you take some time to read through it
carefully, as it is important. If there are any terms in this privacy notice that you do not agree with,
please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above,
includes our web site), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information
that we collect.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register or the express an
interest in obtaining information about us or our products and Services or otherwise when you contact
The personal information that we collect depends on the context of your interactions with us, the
choices you make and the products and features you use.
All personal information that you provide to us must be true, complete and accurate, and you must
notify us of any changes to such personal information.
In short: We collect personal information that you provide to us.
Information automatically collected
In short: Some information – such as your Internet Protocol (IP) address and/or browser and device
characteristics – is collected automatically when you visit our web site.
We automatically collect certain information when you visit, use or navigate the web site. This
information does not reveal your specific identity (like your name or contact information) but may
include device and usage information, such as your IP address, browser and device characteristics,
operating system, language preferences, referring URLs, device name, country, location, information
about how and when you use our web site and other technical information. This information is primarily
needed to maintain the security and operation of our web site, and for our internal analytics and
Like many businesses, we also collect information through cookies and similar technologies.
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In short: We only share information with your consent, to comply with laws, to provide you with
services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis. More specifically,
we may need to process your data or share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during
negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion
of our business to another company.
Affiliates. We may share your information with our affiliates, in which case we will require those
affiliates to honor this privacy notice. Affiliates include our parent company and any
subsidiaries, joint venture partners or other companies that we control or that are under
common control with us.
information. Specific information about how we use such technologies and how you can refuse certain
cookies is set out in our Cookie Notice.
4. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in Canada and the United States. If you are accessing our web site from outside
these countries, please be aware that your information may be transferred to, stored, and processed by
us in our facilities and by those third parties with whom we may share your personal information (see
“WILL YOUR INFORMATION BE SHARED WITH ANYONE"? above), in Canada, the United States and other
If you are a resident in the European Economic Area, then these countries may not necessarily have data
protection laws or other similar laws as comprehensive as those in your country. We will however take
all necessary measures to protect your personal information in accordance with this privacy notice and
5. HOW LONG DO WE KEEP YOUR INFORMATION?
In short: We keep your information tor as long as necessary to fulfill the purposes outlined in this privacy
notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this
privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting
or other legal requirements). No purpose in this notice will require us keeping your personal information
for longer than five years.
When we have no ongoing legitimate business need to process your personal information, we will either
delete or anonymize such information, or, if this is not possible (for example, because your personal
information has been stored in backup archives), then we will securely store your personal information
and isolate it from any further processing until deletion is possible.
6. DO WE COLLECT INFORMATION FROM MINORS?
In short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the web
site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and
consent to such minor dependent's use of the web site. If we learn that personal information from users
less than 18 years of age has been collected, we will deactivate the account and take reasonable
measures to promptly delete such data from our records. If you become aware of any data we may have
collected from children under age 18, please contact us at
7. WHAT ARE YOUR PRIVACY RIGHTS?
In short: You may review, change, or terminate your account at any time.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your
personal information, you also have the right to complain to your local data protection supervisory
authority. You can find their contact details here:
If you would at any time like to review or change the information in your account or terminate your
account, you can, upon your request, terminate your account, whereby we will deactivate or delete your
account and information from our active databases. However, we may retain some information in our
and/or comply with applicable legal requirements.
Opting out of email marketing
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the
emails that we send or by contacting us using the details provided below. You will then be removed
from the marketing email list – however, we may still communicate with you, for example to send you
service-related emails that are necessary for the administration and use of your account, to respond to
service requests, or for other non-marketing purposes. To otherwise opt-out, you may contact us at
8. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track
("DNT") feature or setting you can activate to signal your privacy preference not to have data about your
online browsing activities monitored and collected. At this stage no uniform technology standard for
recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to
DNT browser signals or any other mechanism that automatically communicates your choice not to be
tracked online. If a standard for online tracking is adopted that we must follow in the future, we will
inform you about that practice in a revised version of this privacy notice.
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section1798.83, also known as the "Shine The Light" law, permits our users who are
California residents to request and obtain from us, once a year and free of charge, information about
categories of personal information (if any) we disclosed to third parties for direct marketing purposes
and the names and addresses of all third parties with which we snared personal information in the
immediately preceding calendar year. If you are a California resident and would like to make such a
request, please submit your request in writing to us using the contact information provided below
10. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an
updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make
material changes to this privacy notice, we may notify you either by prominently posting a notice of such
changes or by directly sending you a notification. We encourage you to review this privacy notice
frequently to be informed of how we are protecting your information.
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at email@example.com or by post to:
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal
information we collect from you, change that information, or delete it in some circumstances. To
request to review, update, or delete your personal information, please submit a request using firstname.lastname@example.org. We will respond to your request within 5 business days.
when you visit our website arcx.com including any other media form, media channel,
mobile website, or mobile application related or connected thereto (collectively, the
“Site”) to help customize the Site and improve your experience.
reason. We will alert you about any changes by updating the “Last Updated” date of
specific notice of each such change or modification.
updates. You will be deemed to have been made aware of, will be subject to, and will
A “cookie” is a string of information which assigns you a unique identifier that we
store on your computer. Your browser then provides that unique identifier to use
other things, keep track of services you have used, record registration information,
record your user preferences, keep you logged into the Site, facilitate purchase
procedures, and track the pages you visit. Cookies help us understand how the Site
is being used and improve your user experience.
TYPES OF COOKIES
The following types of cookies may be used when you visit the Site:
Analytics cookies monitor how users reached the Site, and how they interact with
and move around once on the Site. These cookies let us know what features on the
Site are working the best and what features on the Site can be improved.
Our cookies are “first-party cookies”, and can be either permanent or temporary.
These are necessary cookies, without which the Site won't work properly or be able
to provide certain features and functionalities. Some of these may be manually
disabled in your browser, but may affect the functionality of the Site.
Personalization cookies are used to recognize repeat visitors to the Site. We use
these cookies to record your browsing history, the pages you have visited, and your
settings and preferences each time you visit the Site.
Security cookies help identify and prevent security risks. We use these cookies to
authenticate users and protect user data from unauthorized parties.
Site Management Cookies
Site management cookies are used to maintain your identity or session on the Site
so that you are not logged off unexpectedly, and any information you enter is
retained from page to page. These cookies cannot be turned off individually, but you
can disable all cookies in your browser.
Third-party cookies may be placed on your computer when you visit the Site by
companies that run certain services we offer. These cookies allow the third parties to
gather and track certain information about you. These cookies can be manually
disabled in your browser.
CONTROL OF COOKIES
Most browsers are set to accept cookies by default. However, you can remove or
reject cookies in your browser’s settings. Please be aware that such action could
affect the availability and functionality of the Site.
For more information on how to control cookies, check your browser or device’s
settings for how you can control or reject cookies, or visit the following links:
For more information about how we use information collected by cookies and other
on behalf of an entity ("you") and ARCX Inc. ("Company", "we", ·us", or "our"), concerning your access to
and use of the https://www.arcx.com website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
any changes by updating the
updates. You will be subject to, and will be deemed to have been made aware of and to have accepted,
The information provided on the Site is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the "Content") and the trademarks, service marks, and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on
the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site
and to download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you
(5) you will not access the Site through automated or non-human means, whether through a bot, script
or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the
Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future use of the Site (or any
You may be required to register with the Site. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and details
of the products available on the Site. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual colors and details of the
products. All products are subject to availability, and we cannot guarantee that items will be in stock.
We reserve the right to discontinue any products at any time for any reason. Prices for all products are
subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping
fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any purchases.
You may not access or use the Site for any purpose other than that for which we make the Site available.
The Site may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use
of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any
way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1 x1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as ·spyware" or "passive collection mechanisms" or "pcms").
Use the Site in a manner inconsistent with any applicable laws or regulations.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other
websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party
should review the applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases Which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these
sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all
files and content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site and the Marketplace Offerings.
hosted in Canada. If you access the Site or the Marketplace Offerings from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in Canada, then through your continued use of the Site, you are transferring your data to
Canada, and you expressly consent to have your data transferred to and processed in Canada.
TERM AND TERMINATION
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve tile right to change, modify, or remove the contents of the Site at any time or for any reason
at our sole discretion without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without
notice at any time. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of tile Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any
be construed to obligate us to maintain and support the Site or tile Marketplace Offerings or to supply
any corrections, updates, or releases in connection therewith.
construed in accordance with the laws of the State of California applicable to agreements made and to
be entirely performed within the State of California, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms
of Use (each a "Dispute" and collectively, the ·Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least thirty (30) days before initiating
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAAs
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website i.w.ivJ.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the
AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all
arbitration fees and expenses. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and
any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in United States, California. Except
as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the state and federal courts located in Santa Cruz, California, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more
than one (1) years after the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning
the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that
may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER ANO REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS ANO INTERNATIONAL 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 OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees. from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys· fees and expenses, made by any third party due to or arising
not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense. to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense. with our defense of such claims. We Will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss
or corruption of any such data. and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other than electronic
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
constitute the entire agreement and understanding between you and us. Our failure to exercise or
of our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
drafted them. You hereby waive any and all defenses you may have based on the electronic form of
In order to resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at: