By clicking on Accept and utilizing Powered by ARC and all associated websites and applications (collectively known as “Powered by ARC”), you are deemed to have read and agreed to the following terms and conditions (“Terms”) that constitute the agreement between Powered by ARC Inc. (“ARC”) and you (“You”)
Last updated: July 6th, 2021
Content means any information, text, graphics or other materials uploaded, downloaded or appearing on the Service, including, without limitation, ratings, presentations, reviews, other information, advertisements, interactive discussions, photos, videos, graphics, music, and sound contained, distributed, linked, downloaded or accessed from the Service, if such Content is owned by Powered by ARC or third parties.
Our website may have certain features that allow you to submit comments, information, and other materials (collectively, "User Contents") to Powered by ARC and share comments or your experience about Powered by ARC with other users or the public. By submitting feedbacks through sites, you grant Powered by ARC a license to access, use, copy, reproduce, process, adapt, publish, transmit, receive and display such notices for any purpose.
By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.
The Services and all rights therein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or service marks. All content appearing on the Powered by ARC platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (together, “Marks”) of Powered by ARC Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other marks are the property of their respective owners and may not be used without their prior written consent. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Powered by ARC.
It is Powered by ARC policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act DMCA). Powered by ARC respects the intellectual property of others, and we ask our users to do the same. If you violate these terms, you are guilty of violating copyright law and will be legally liable before a court. Do not copy, distribute, modify, alter, steal or sell copyrighted works and original materials created or supplied by Powered by ARC.
You must comply with the following requirements when using the Services:
Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the colors and images of each products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
External links may be provided for Your convenience, but they are beyond the control of ARC and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at Your own risk.
You agree to pay to Powered by ARC any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Powered by ARC of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. All payments are due upon receipt. If the payment is not received or the payment method is refused, the Customer will lose the Services.
Powered by ARC may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Powered by ARC will provide you with advance notice of any change in fees.
Refund policy on all Powered by ARC policies are found here.
We are regularly updating our services ("service") on our site. The products or services available on our Service may be incorrectly evaluated, incorrectly described or not available, and we may experience delays in updating information about the Service and our advertising on other sites.
We can not and do not guarantee the accuracy or perfection of the data, including prices, products, details, accessibility, and services. We reserve the right to change or update information and correct any errors, inaccuracies or omissions at any time without prior notice.
Powered by ARC reserves the right, in its sole discretion, to interrupt or close the Site and the Services and to terminate these Terms at any time and without notice. In case of violation of any of these Terms, Powered by ARC will have the right to suspend or deactivate the account or rescind these terms, at its sole discretion and without prior notice. Powered by ARC reserves the right to revoke access and use of the site, services and collective content at any time, with or without cause. You can cancel your account at any time by sending an email to [email protected].
For you: you can stop using the Services at any time. You are responsible for backing up, saving, downloading or deleting your content and personal information before canceling your account. In the event of termination, we reserve the right to remove any content or personal information left on our servers.
You agree that Powered by ARC will not be responsible for the termination of this Agreement or the effects of termination of this Agreement. You are always free to stop using the Services at any time. You are aware that the interruption of your account may result in the removal of any content stored in your account so that Powered by ARC will have no responsibility.
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Utilization of the Services requires Internet access through your PC or cell phone. You are responsible for all charges of mobile operators resulting from the use of the Services, including notifications provided by the Services. Powered by ARC does not guarantee that the Services will be compatible with all devices or will be supported by all mobile operators.
When you use the Site or sending emails and other communications to us, you are communicating with us electronically. You admit and consent to receive electronically all communications, transactions, and documents (collectively, "Communications") that Powered by ARC may present in association with your use of Powered by ARC services ("Services"). Communications include:
We will provide these Communications to you by posting them on the Site or by emailing them to you at the primary email address listed in your Account Settings. You acknowledge that all deals, discussions, disclosures and other communications that we give to you electronically satisfy any legal requirement that such communications be written.
You acknowledge and agree that the website is provided under license, and not sold, to you. You do not acquire any ownership interest in the service under this agreement, or any other rights thereto other than to use the service in accordance with the license granted, and subject to all terms and conditions, restrictions, under this agreement. Powered by ARC shall retain its entire right, title, and interest in and to the website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this agreement.
While it is in Powered by ARC interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND Powered by ARC DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Powered by ARC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Powered by ARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL Powered by ARC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE AMOUNTS PAID HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
You hereby agree to indemnify and hold harmless Powered by ARC, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceedings initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Use of this website shall in all respects be governed by the laws of Canada regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in the Province of Ontario, Canada, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Powered by ARC reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. Powered by ARC may also impose limits on certain features and services or restrict user’s access to parts or all of the Services without notice or liability. User’s continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
This Agreement is the entire agreement between You as a User and Powered by ARC with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between users and Powered by ARC with respect to the Services.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Powered by ARC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
ARC may use third party systems to enhance your experience on the site. Please be familiar with their TOS and Privacy policies as well.
Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail. Electronic notices should be sent to [email protected].
Powered by ARC failure to enforce any part of this Agreement shall not constitute a waiver of Powered by ARC’s right to later enforce that or any other part of this Agreement.
To the extent any conflict exists, the Additional Terms prevail over this Terms with respect to the Services to which the Additional Terms apply.
If there is a conflict or contradiction between the provisions of these Powered by ARC terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of Powered by ARC shall prevail in respect of Your use of the relevant section or module of the Powered by ARC.
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
Should you have any question or concern, please write to [email protected]