T&C | Arc Industries Inc

TERMS AND CONDITIONS OF WWW.ARCINDUSTRIESNB.COM

PLEASE READ THESE TERMS OF USE AND ARCINDUSTRIESNB’S PRIVACY POLICY CAREFULLY regarding our user data collection to help you better understand our practices before you continue using our website.

Internet communications are subject to interception and/or loss or alteration, and, as consequences, you acknowledge that information or data you provide electronically by accessing or using this Website are not confidential or exclusive, except to the extent required by applicable law, and that communications by email may be intercepted, altered, or lost.

1. TERMS AND CONDITIONS

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by ARC Industries Inc. (the “Sites” or “Website”). Please read these terms and conditions carefully before using this Website.

Accessing, linking to, or using this Website INDICATES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. These Terms and Conditions may be modified from time to time without notice. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ARC INDUSTRIES INC., CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES. IF YOU DO NOT CEASE USING THESE SITES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ARC Industries Inc., or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform. Notwithstanding anything else to the contrary contained in these Terms of Use, ARC Industries Inc.’s use of any personally identifiable information (name, etc.) you provide via the Sites shall be governed by our Privacy Policy. For further information regarding ARC Industries Inc.’s protection of your personal information, please refer to our PRIVACY POLICY.

You are expected to check this page from time to time to take notice of any changes ARC Industries Inc. has made, as they are binding on you.

2. USE OF OUR WEBSITE AND RESTRICTIONS

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. ARC Industries Inc. assumes no responsibility or liability for any misrepresentation of your age.

You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms and conditions, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any ARC Industries Inc. or related trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without ARC Industries Inc.’ express written consent; or (i) use any meta tags or any other “hidden text” utilizing a ARC Industries Inc.’ name, trademark, or product name without ARC Industries Inc.’s express written consent.

Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. INTELLECTUAL PROPERTY

All intellectual property published on this Website (except for user-generated content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content found on this Website (except for user-generated content, as defined below), including, without limitation, text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Canadian copyright laws and is the exclusive property ARC Industries Inc. all rights reserved.

4. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, without limitation, documentation data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.

5. USER-GENERATED CONTENT

“User-Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.

6. USER ACCOUNT AND ACCOUNT USE

You may choose to create an account with us (the “Account”). If you do, you will have access to your Account by providing a username and password. You are solely responsible for your Account and maintaining the confidentiality and security of your private user details (username and password). You are responsible for all activities that occur under your Account or password, including those of any persons who gain access to your Account. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password. You agree to immediately notify us of any unauthorized use of your Account, and to provide true, accurate, and complete customer information as requested by us and to notify us of any changes.

ARC Industries Inc. reserves all rights to terminate accounts, edit or remove content and cancel orders, at its sole discretion at any time, for any or no reason and without notifying you.

You acknowledge and agree that ARC Industries Inc. may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if ARC Industries Inc. is required to do so by law or legal process or if ARC Industries Inc. determines, in its sole discretion, that such action is necessary to protect the rights of ARC Industries Inc. third parties, and other users of the Sites or for purposes of responding to your request for customer service. ARC Industries Inc.’s right to disclose any such information shall govern over any terms of our Privacy Policy.

7. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services, or the general business of ARC Industries Inc.

You further agree not to use and/or access the Website:

To harass, abuse, or threaten others or otherwise violate any person’s legal right;
To violate any intellectual property rights of us or any third party;
To upload or otherwise disseminate computer viruses or other software that may damage the property of another;
To perpetrate any fraud;

To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others.

These prohibitions do not require ARC Industries Inc. to monitor, police or remove any Submissions or other information submitted by you or any other user.

8. AFFILIATE MARKETING AND ADVERTISING

We, through the Website and its services, may engage in affiliate marketing, whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

9. PAYMENT

When you make a purchase on the Website, you agree to provide a valid method of payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all for which you are responsible.

When you provide method of payment to us, you confirm that you are permitted to use that payment method. When you make a payment, you authorize us (and Stripe, our third-party payment processor) to charge the full amount to the payment method you provided for the transaction.

You also authorize us to collect and store that payment method, along with other related transaction information.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

We may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss.

10. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on this Website. We have made every effort to display as accurately as possible all information regarding the goods and services including product descriptions and images. However, we do not guarantee the complete accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

11. SHIPPING, DELIVERY AND RETURN POLICY

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change at any time without prior notice. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as a valid billing information. We reserve the right to reject or cancel an order for any or no reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order, or we may simply charge your card upon shipment. You agree to monitor your payment method. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.

For any questions, concerns or disputes, you agree to contact us in a timely manner at the following:

ARC Industries Inc.

1642 Mountain Road, Suite C

Moncton, NB

E1G 1A6

ARC Industries Inc. will gladly return any item if you are not fully satisfied with the merchandise that you receive. Items must be returned within 30 days in new condition. Shipping charges will not be credited.

12. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of this Website is at your own risk.

13. ELECTRONIC COMMUNICATIONS

The entire communication with us is electronic. Every time you send us an email or visit our Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the newsletter on our Website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

You agree that we may use and/or disclose information consistent with our Privacy Policy.

14. GOVERNING LAW AND DIPSPUTES

By visiting this Website, you agree that the Canadian laws, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between ARC Industries Inc. and you, or its business partners and associates.

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of New Brunswick without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the Province of New Brunswick in the City of Moncton.

The Province of New Brunswick and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

15. LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this Website. You are not allowed to download or modify it. This may be done only with written consent from us.

16. LINKING AND LINKS TO THIRD PARTY WEBSITES

Links may be generated from this Website to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Website. None of such links should be deemed to imply that ARC Industries Inc. endorses the Third Party Sites or any content therein. ARC Industries Inc. does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and ARC Industries Inc. will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

17. LIABILITY AND WARRANTIES

In no event will ARC Industries Inc. be liable to any party for any direct, indirect, incidental, special, consequential, or punitive damages for use of this Website or any other linked website, including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if ARC Industries Inc. is expressly advised about the possibility of such damages.

THE SITES, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITES, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARC INDUSTRIES INC. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ARC INDUSTRIES INC. DOES NOT REPRESENT OR WARRANT THAT THE SITES, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO ARC INDUSTRIES INC. THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE

Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.

IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. ARC INDUSTRIES INC. THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARC INDUSTRIES INC. RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. ARC Industries Inc. is not liable for these variants and deviations.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, ARC INDUSTRIES INC. MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, ARC INDUSTRIES INC. WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

18. REVERSE ENGINEERING AND SECURITY

You may not perform any of the following actions:

Reverse engineering, or attempt to reverse engineer or disassemble any code or software from or on the Website;

Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user network.

19. MODIFICATIONS

Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, ARC Industries Inc. reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.

20. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ARC Industries Inc. its affiliates and their respective directors, officers , employees and agents against any losses, liabilities, claims, expenses, and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to (i) your Submission or your access to or use of the Sites; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

21. SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

22. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.

23. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions is fully considered enforceable and valid.

24. SERVICE INTERRUPTIONS

We may need to interrupt your Website access to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your Website access may be affected by unanticipated or unscheduled downtime, for any reason, but that ARC Industries Inc. will have no liability for any damage or loss caused as a result of such downtime

25. MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

26. LANGUAGE

The official language of these Terms of Use exclusively shall be, and all communications and agreements between ARC Industries Inc. and you and any proceedings in connection with these Terms of Use and/or your use of the Sites, exclusively shall be made in, the English language. ARC Industries Inc. and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only.

27. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ARC Industries Inc. as a result of these Terms of Use, our Privacy Policy or any use of the Sites. ARC Industries Inc.’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of ARC Industries Inc.’s right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by ARC Industries Inc. with respect to such use.

28. ENTIRE AGREEMENT

These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and ARC Industries Inc. with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ARC Industries Inc. with respect to the Sites.

29. QUESTIONS OR CONCERNS

Please send all questions, comments and feedback to us at admin@arcindustriesnb.com or by writing to us at:

ARC Industries Inc.

1642 Mountain Road, Suite C

Moncton, NB

E1G 1A6