Last updated: February 28, 2023

Introduction

Welcome to Arksen® Roof Rack, Bike Rack, Tool Box, Cargo Carrier (the “Website”). By accessing and using this Website, you agree to be bound by the Terms and Conditions set forth herein. Please read them carefully.

If you do not agree with these Terms and Conditions, do not access or use this Website. Your use of this Website constitutes your agreement to the Terms and Conditions set forth herein.

Privacy Policy

Please review our Privacy Policy, which is incorporated herein by reference and also governs your use of this Website.

Intellectual Property Rights

The content on this Website, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Arksen® Roof Rack, Bike Rack, Tool Box, Cargo Carrier and are protected by copyright, trademark, and other intellectual property laws.

You may access, download and print the Content for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices. You may not otherwise use, reproduce, distribute, publish, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Website or any related software.

User Conduct

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service available on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
• Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
• Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
• Impersonates any person or entity, including any of our employees or representatives
• Violates any applicable laws or regulations.

The Company neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Company expressly disclaims any and all liability in connection with claims relating to any action taken by users in reliance on materials posted on the Website, including but not limited to claims for infringement of copyright, defamation and slander. The Company has no obligation to screen communications or content in advance and is not responsible for screening or monitoring content or communications posted by users. Nonetheless, the Company reserves the right to review materials posted to the Website and, at its sole discretion, to remove any materials it deems inappropriate.

Prohibited Uses

Your permission to use the Website is conditioned upon the following use, posting and conduct restrictions:

You agree that you will not under any circumstances:

• Engage in any conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in our sole judgment, exposes us or any of our affiliates, partners, or customers to any liability, damages, or detriment of any type;
• Use the Website to host, display, upload, modify, publish, transmit, update or share any information that:
  • Belongs to another person and to which you do not have any right;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
• Use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website;
• Gain unauthorized access to the Website, including associated systems or networks;
• Use any robot, spider, scraper or other automated means to access the Website;
• Introduce any malware, virus, Trojan horse, worm, logic bomb or other harmful or malicious material into the Website;
• Interfere with or circumvent any security feature of the Website;
• Use the Website in any manner that could damage, disable, overburden or impair the Website;
• Harvest or collect information about users of the Website;
• Use the Website for any unauthorized or illegal purpose, or engage in, encourage or promote any activity that violates these Terms.

Registration for Membership, Accounts and Security

Certain elements of the Website may require registration or subscription. If you register or subscribe to a service on the Website, you agree to provide accurate and complete information about yourself, and to promptly update your information if it changes.

You are solely responsible for maintaining the confidentiality of your account and password, if any, and for any and all statements made and acts or omissions that occur through the use of your account. Therefore, you must take steps to ensure that others do not gain access to your account and password. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

No Warranties

YOUR USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER AND ITS AFFILIATES, PARTNERS, AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT THE CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Limitations on Liability

ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF REPUTATION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

Indemnification

You agree to defend, indemnify and hold ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Modifications to Website

ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER reserves the right in its sole discretion to modify, suspend, or discontinue the Website (or any portion thereof) at any time, for any or no reason, without notice to you. ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability to you. You acknowledge and agree that ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any and all disputes arising out of or relating in any way to these Terms, the Website, or our Privacy Policy shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable.

Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Choice of Law and Forum

These Terms and any action related thereto shall be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Nashville, Tennessee and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Arksen® Roof Rack, Bike Rack, Tool Box, Cargo Carrier regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Your Comments and Concerns

This Website is operated by ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER, located at 123 Main Street, Nashville, TN 37217.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].

Notices

All notices, demands and requests to ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER shall be made in writing to ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER at the mailing address set forth above.

Severability

If any provision or portion of these Terms is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Assignment

ARKSEN® ROOF RACK, BIKE RACK, TOOL BOX, CARGO CARRIER may assign its rights and obligations under these Terms in its sole discretion. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.