Terms and Conditions
Agreement between user and www.arkconsultantgroup.com
Welcome to www.arkconsultantgroup.com. The www.arkconsultantgroup.com website
(the
"Site") is comprised of various web pages operated by Ark Consultant Group Inc.
("ARKINC").
www.arkconsultantgroup.com is offered to you conditioned on your acceptance
without
modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of
www.arkconsultantgroup.com constitutes your agreement to all such Terms. Please
read these
terms carefully, and keep a copy of them for your reference.
www.arkconsultantgroup.com is a E-commerce Site
Details of products and services offered by Ark Consultant Group Inc. as their
Agent.
Privacy
Your use of www.arkconsultantgroup.com is subject to ARKINC's Privacy Policy.
Please review
our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting www.arkconsultantgroup.com or sending emails to ARKINC constitutes
electronic
communications. You consent to receive electronic communications and you agree
that all
agreements, notices, disclosures and other communications that we provide to you
electronically,
via email and on the Site, satisfy any legal requirement that such communications
be in writing.
ARKINC does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use
www.arkconsultantgroup.com only
with permission of a parent or guardian.
Links to third party sites/Third party services
www.arkconsultantgroup.com may contain links to other websites ("Linked Sites").
The Linked
Sites are not under the control of ARKINC and ARKINC is not responsible for the
contents of
any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or
updates to a Linked Site. ARKINC is providing these links to you only as a
convenience, and the
inclusion of any link does not imply endorsement by ARKINC of the site or any
association with
its operators.
Certain services made available via www.arkconsultantgroup.com are delivered by third party
sites and organizations. By using any product, service or functionality
originating from the
www.arkconsultantgroup.com domain, you hereby acknowledge and consent that ARKINC
may
share such information and data with any third party with whom ARKINC has a
contractual
relationship to provide the requested product, service or functionality on behalf
of
www.arkconsultantgroup.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access
and use
www.arkconsultantgroup.com
strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to ARKINC that you will not use the Site for
any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information
through any means not intentionally made available or provided for through the
Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of ARKINC
or its
suppliers and protected by copyright and other laws that protect intellectual
property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices,
legends or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part,
found on the Site.
ARKINC content is not for resale. Your use of the Site does not entitle you to
make any
unauthorized use of any protected content, and in particular you will not delete
or alter any
proprietary rights or attribution notices in any content. You will use protected
content solely for
your personal use, and will make no other use of the content without the express
written
permission of ARKINC and the copyright owner. You agree that you do not acquire
any
ownership rights in any protected content. We do not grant you any licenses,
express or implied,
to the intellectual property of ARKINC or our licensors except as expressly
authorized by these
Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities,
personal web pages, calendars, and/or other message or communication facilities
designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication
Services"), you agree to use the Communication Services only to post, send and
receive messages
and material that are proper and related to the particular Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or
disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material
or information; upload files that contain software or other material protected by
intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or
have received all necessary consents; upload files that contain viruses,
corrupted files, or any other
similar software or programs that may damage the operation of another's computer;
advertise or
offer to sell or buy any goods or services for any business purpose, unless such
Communication
Service specifically allows such messages; conduct or forward surveys, contests,
pyramid schemes
or chain letters; download any file posted by another user of a Communication
Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the
origin or source of software or other material contained in a file that is
uploaded, restrict or
inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication
Service; harvest or
otherwise collect information about others, including e-mail addresses, without
their consent;
violate any applicable laws or regulations.
ARKINC has no obligation to monitor the Communication Services. However, ARKINC
reserves the right to review materials posted to a Communication Service and to
remove any
materials in its sole discretion. ARKINC reserves the right to terminate your
access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
ARKINC reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to
remove any information or materials, in whole or in part, in ARKINC's sole
discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. ARKINC does not control or endorse the
content,
messages or information found in any Communication Service and, therefore,
ARKINC
specifically disclaims any liability with regard to the Communication Services
and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not
authorized ARKINC spokespersons, and their views do not necessarily reflect those
of
ARKINC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you
upload the materials.
Materials provided to www.arkconsultantgroup.com or posted on any ARKINC web page
ARKINC does not claim ownership of the materials you provide to
www.arkconsultantgroup.com
(including feedback and suggestions) or post, upload, input or submit to any
ARKINC Site or our
associated services (collectively "Submissions"). However, by posting, uploading,
inputting,
providing or submitting your Submission you are granting ARKINC, our affiliated
companies and
necessary sublicensees permission to use your Submission in connection with the
operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
ARKINC is under no obligation to post or use any Submission you may provide and
may remove
any Submission at any time in ARKINC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission
as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input
or submit the
Submissions.
International Users
The Service is controlled, operated and administered by ARKINC from our offices
within the
USA. If you access the Service from a location outside the USA, you are
responsible for
compliance with all local laws. You agree that you will not use the ARKINC
Content accessed
through www.arkconsultantgroup.com in any country or in any manner prohibited by
any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ARKINC, its officers, directors,
employees,
agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your
violation of any
rights of a third party, or your violation of any applicable laws, rules or
regulations. ARKINC
reserves the right, at its own cost, to assume the exclusive defense and control
of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with ARKINC
in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising
out of or
concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute
shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a
similar arbitration
service selected by the parties, in a location mutually agreed upon by the
parties. The arbitrators
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of
this provision. The
entire dispute, including the scope and enforceability of this arbitration
provision shall be
determined by the Arbitrator. This arbitration provision shall survive the
termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual
basis; class
arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may
not
consolidate more than one person's claims, and may not otherwise preside over any
form of a
representative or class
proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ARK CONSULTANT GROUP INC. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ARK CONSULTANT GROUP INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. ARK CONSULTANT GROUP INC. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ARK CONSULTANT GROUP INC. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF ARK CONSULTANT GROUP INC. OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
ARKINC reserves the right, in its sole discretion, to terminate your access to
the Site and the
related services or any portion thereof at any time, without notice. To the
maximum extent
permitted by law, this agreement is governed by the laws of the State of Florida
and you
hereby
consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and ARKINC as a result of this agreement or use of the Site. ARKINC's
performance of this
agreement is subject to existing laws and legal process, and nothing contained in
this agreement is
in derogation of ARKINC's right to comply with governmental, court and law
enforcement
requests or requirements relating to your use of the Site or information provided
to or gathered by
ARKINC with respect to such use. If any part of this agreement is determined to
be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent
of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and ARKINC with respect to the Site and it supersedes all prior or
contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and
ARKINC with respect to the Site. A printed version of this agreement and of any
notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating
to this agreement to the same extent and subject to the same conditions as other
business
documents and records originally generated and maintained in printed form. It is
the express wish
to the parties that this agreement and all related documents be written in
English.
Changes to Terms
ARKINC reserves the right, in its sole discretion, to change the Terms under
which
www.arkconsultantgroup.com is offered. The most current version of the Terms will
supersede all
previous versions. ARKINC encourages you to periodically review the Terms to stay
informed of
our updates.
Contact Us
ARKINC welcomes your questions or comments regarding the Terms:
Ark Consultant Group Inc.
7128 Crescent Creek Lane
Coconut Creek, Florida 33073
Email Address:
tondel@arkconsultantgroup.com
Telephone number:
954-420-0327
Effective as of December 01,
2016
This is a RocketLawyer.com document.