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TERMS OF USE AGREEMENT

This Terms of Use Agreement sets forth the standards of use of the websites and online services owned and operated by ArkWear LLC ("ARKWEAR"), including the www.arkwear.com website (the "Site"), merchandise offered on or through the Site (the "Products") and the services provided via the Site (the "Services"). By using the Site and/or Services or by making purchases of the Products you ("the User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use the Site or Services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our Site. Your continued use of the Site and/or Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

1. Our Mission and Our Products and Services

Inspired by the desire to protect wildlife for future generations, ARKWEAR proudly offers apparel that promotes animals that are vulnerable and threatened with extinction. ARKWEAR designs and embroiders clothing with iconic animals that are vulnerable to extinction and raises awareness and funds for wildlife conservation by offering a new collection of endangered species apparel and merchandise each year. ARKWEAR is proud to collaborate with the Wildlife Conservation Society (WCS) to fulfill our brand mission and promise to our customers. WCS saves wildlife and wild places worldwide through science, conservation action, education, and inspiring people to value nature.

Since 1895, WCS has been committed to protecting animal species and habitats. WCS aims to conserve half of the planet's biodiversity in 60 countries and oceans across the Americas, Africa, Asia, and Oceania. To reinforce its global action, WCS inspires families and school children to experience nature at the New York Zoos and Aquarium.

WCS uses science to discover and understand the natural world, and applies this knowledge to engage millions of citizens, communities, and governments to take action and advance their STAND FOR WILDLIFE℠ mission.

ARKWEAR gives 5% of every shirt purchased to the Wildlife Conservation Society.

PRODUCT DESCRIPTIONS AND PRICING

ARKWEAR attempts to be as accurate as possible in describing, listing, or displaying Products. However, availability and pricing for our Products are subject to change without notice. Furthermore, ARKWEAR does not warrant that product descriptions, displays, or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ARKWEAR itself is not as described or as displayed on our site, your sole remedy is to return it in unused condition and your return will be handled in accordance with our Return Policy.

With respect to pricing of items offered on the Site, we cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, occasionally items listed for purchase on the Site may be mispriced. If an item's correct price is higher than the listed price posted on the Site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We reserve the right to limit the sales of our Products and/or to limit the quantities of Products for any reason at our sole discretion, including but not limited to availability of inventory. We reserve the right to refuse any order placed with us, including, without limitation, any orders placed by Users who violate these Terms. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you have any questions or would like more information regarding product details or pricing, please contact our Customer Service at info@arkwear.com.

2. Your Account

You may register an account on our Site so that your purchase history and other preferences may be saved and accessed for future visits and purchase. If you choose to create an account on our Site or use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

ARKWEAR sells products only to adults over the age of 18 who can purchase items with a credit card. If you are under 18, you may use the Site and register an account only with express consent or involvement of a parent or guardian. If you are under the age of 13, you cannot create an account or make purchases from our Site. ARKWEAR and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

3. Prohibited Uses

Users agree to not use the Services and/or Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your access to the Site or Services for violating any of the prohibited uses.

4. Communications from ARKWEAR

The User agrees to allow ARKWEAR to send information to Users regarding the Site and Services from time to time, including communications via email. This information may include purchase confirmations, offers, marketing or promotional emails from ARKWEAR, and may also include communications relating to ARKWEAR and its products or services or topics that may be of interest to you. At any time the User may opt out of receiving such communications by contacting ARKWEAR at info@arkwear.com. For more information on ARKWEAR's use of User information, please read ARKWEAR's Privacy Policy.

5. Third-Party Sites

Our Site and Services may include links to other Sites on the Internet that are owned and operated by third parties. Users acknowledge that ARKWEAR is not responsible for the availability of, or the content located on or through, any third-party Sites. Users should contact the administrator or webmaster for those third-party Sites if Users have any concerns regarding the content located on such Sites. We encourage all Users to review terms of use and privacy policies of third-parties sites.

6. Modifications and Interruption to Services or Site

Users acknowledges and accepts that ARKWEAR does not guarantee availability of the Products or continuous, uninterrupted or secure access to the Services or Site and operation of our Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. ARKWEAR shall not be liable to a User or any third party should for any inventory availability, modifications, interruptions, outages, downtimes or disruptions to the Services.

ARKWEAR reserves the right to modify or discontinue its Products, the Services and/or the Site at any time.

7. Disclaimer of Warranties

THE PRODUCTS, SERVICES AND SITE ARE PROVIDED BY ARKWEAR ON AN 'AS IS' AND ON AN 'AS AVAILABLE' BASIS, ARKWEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE PRODUCTS, SERVICES AND SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ARKWEAR SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARKWEAR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.

ARKWEAR DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT ITS SERVICE, WEBSITES AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER'S USE OF THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ARKWEAR IS NOT RESPONSIBLE FOR THOSE COSTS.

8. Limitation of Liability

ARKWEAR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ARKWEAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE PRODUCT, THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ARKWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

9. Indemnification

Users agree to indemnify and hold ARKWEAR, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Products, Services or Site or the violation of this Agreement.

10. Governing Law

These Terms of Use are governed by the laws of the New York, without giving effect to any choice of law rules. We make no representation that our Site or Services are appropriate, legal or available for use in locations outside of the United States. Accordingly, if you choose to access our Site and/or use the Services you agree to do so subject to the laws of New York and the United States.

11. Intellectual Property

All content included or available on the Site or within the Services, including the Products, site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of ARKWEAR and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Services, including reproduction or copying of any content on the Site for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ARKWEAR is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Site or any portion thereof.

ARKWEAR and the ARKWEAR logo are trademarks of ARKWEAR LLC. ARKWEAR's trademarks may not be used in connection with any product or service that is not provided by ARKWEAR, unless such use is expressly authorized by ARKWEAR. ARKWEAR's trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ARKWEAR. The "W" logo and STAND FOR WILDLIFE are service marks of the Wildlife Conservation Society, used under license.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ARKWEAR, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

 

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