Thank you for visiting the Arcady, LLC (“we”, “us”, or “our”) website (the “Site“).
The following terms and conditions (as amended from time to time, this “Site Agreement”), as amended from time to time, apply to your access, use, and viewing of our Site, including, without limitation, the website accessible through the address [www.arcady.com], and all sites and pages accessible on or through such internet address, (collectively, the “Site”) and for all transactions in which you engage on, through or in connection with your access, use and viewing of the Site.
All items are quality controlled and checked for any faults before they are shipped to customers. Should you receive an item that is not in perfect condition please refer to the instructions included in your order, go to the RETURNS page on the website, or contact our customer service department at firstname.lastname@example.org.
We reserve the right to refuse to accept the return of any item except in strict compliance with the following:
Any item to be returned to us must be received by us (A) within 30 days of the initial attempt to deliver such to the shipping address for the applicable order, and (B) in the same condition such item was in when received by the recipient.
We do not accept returns of any item that has been worn, altered, washed, or damaged in any way, or from which the tags have been removed. Without limiting the generality of the foregoing: (A) all tags must be fully attached to all items to be returned, (B) each item to be returned in its original, undamaged packaging. All purchases of sale items are final and not eligible for return.
We only accept returns of items purchased directly from us through the Site, and will not accept the return of any item purchased from any other person, any other locations or other internet sites.
We do not refund original or return shipping charges. We will not accept any return COD. You are responsible for any loss, theft or damage to any items during return shipping. It may take up to 15 business days from our receipt of any returned item for your refund to be processed.
We reserve the right to revise this Site Agreement at any time, without any obligation to provide you with notice of any kind, the date of this version of this Site Agreement is set forth in the final section of this Site Agreement.
You hereby acknowledge and expressly agree that your access, use, or viewing of the Site, at any time, constitutes your acceptance of this Site Agreement, as in effect as of the date of such access, use or viewing of the Site, and that it is your responsibility to review this Site Agreement each time you access, use or view the Site, to ensure your satisfaction with this Site Agreement.
LIMITED, NON-TRANSFERABLE, NON-EXCLUSIVE, TERMINABLE AT-WILL, RIGHT OF USE
Subject to this Site Agreement, we hereby grant to you a limited, non-transferable, non-exclusive, right to access, use and view the machine readable components of the Site, which right we may terminate at any time, as we, in our sole discretion, elect to do so, without any liability whatsoever to you or any other person.
INTELLECTUAL PROPERTY MATTERS
Except to the extent expressly set forth, as between you and us, the Site, including without limitation, the domain name, text, graphics, formatting, images, logos, button icons, software, design, interfaces, and their respective component parts, including without limitation, the HTML or other computer programming language or code that generates or permits you to access, use or view the Site, and all data and information (excluding your name and personal account information), all processes, methodologies, application programming interfaces (i.e. APIs), routines, protocols, tools, operations, inputs, outputs, and their underlying types, and the content, selection and arrangement of the foregoing (collectively, the “Content”), are the exclusive property of ARCADY, LLC. The Content is protected, as a compilation and otherwise, under state, federal, and international copyright laws, trademark laws, treaties and other Laws related to intellectual property (the “IP Laws”). You acknowledge and expressly agree that, notwithstanding the right’s granted pursuant to this agreement, we retain all of ownership and license rights in and to the Content. Without our prior written consent, you shall not, and shall not permit any of your representatives to frame any Content or use our intellectual property or proprietary marks (including, without limitation, “ARCADY”, or [arcady.com]) as meta tags or for any other purpose.
Notwithstanding the foregoing, the Site may permit or contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, comment areas, journal pages, other message or communication facilities that allow for user added content (“User Added Content”). To the extent the Site permits User Added Content, you shall post only appropriate, reasonably accurate, socially acceptable, non-disparaging information or other permitted material that is reasonably related to the products and services offered through the Site. We have no obligation to monitor User Added Content, and make no express or implied warranties with respect thereto. Notwithstanding the foregoing, we reserve the right, without obligation, to review User Added Content posted on, by or through the Site and to, without notice, remove any information or other material we, in our sole discretion, deem undesirable or inappropriate, and take any other lawful action we deem appropriate with respect to the party posting such User Added Content and including, without limitation, the termination of such person’s right to access, use or view the Site.
We have no obligation to, and do not, control the User Added Content. User Added Content, by its very nature, may be confidential, offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You must exercise appropriate care and good judgment, and you hereby assume all risks, in connection with your access, use or viewing of any User Added Content. For the avoidance of doubt, we shall have no liability with respect to any User Added Content.
Any links to other internet sites or technology (“Linked Materials”) are provided as a convenience only, and we do not endorse or guarantee the products or services provided by, through or in connection with, the Linked Materials. The Linked Materials are not under our control, and we are not responsible or liable for any loss, damage, harm, claim, or other injury or expense to any person resulting from your use or access to any of the Linked Materials, or for or from the content of the Linked Materials, including without limitation, any services, benefits, or products received through or offered by the Linked Materials or by links to any sites accessed through the Linked Materials. We are not responsible for webcasting or any other form of transmission received from, or any damage or injury caused by, any Linked Materials. It is up to you to take precautions to ensure that whatever Linked Materials you select are free of viruses, worms, Trojan horses and other destructive items.
COPYRIGHT INFRINGEMENT CONCERNS; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that material located on, or linked to the Site, violates any person’s copyright or the copyright of others, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act (“DMCA”). Any notice under the DMCA shall be made in writing and addressed to our DMCA Contact as follows: Attention ARCADY [email@example.com] or attention ARCADY [3636 North Causeway Blvd, Metairie, LA 70002]. Each DMCA notice shall include:
Information We Collect and Track: We collect and retain two types of information about you (collectively, “Information”): (i) personal information that you voluntarily provide when interacting on the Site, on certain other occasions (which may include, without limitation, your name, title and address, telephone number, email address, birth date and credit card or other account numbers as well as other elements of personal information); and (ii) tracking data, which is automatically collected from Site visitors and recorded on our log files (which may include, without limitation, information regarding the number and frequency of visits to the Site, the items you viewed or purchased, the websites that you access before and after you visit the Site, the software used to access the Site, your IP address and Internet service provider related information, and the location of your computer). In addition, if you contact us via other means, we may keep one or more records of such communication, including any Information learned in connection therewith.
Right to Decline. You may decline to provide any personal information, but by doing so, you may be unable to register on the Site or to participate in activities or services offered by through the Site.
- Your Information is used for our business purposes and the purpose for which you provided it, including, without limitation:
- To process your orders, or respond to your requests or correspondence.
- To contact you about the Site or to request your input regarding ways in which we might improve the Site.
- To inform you about our activities, promotions, products, services and events in which we think you may be interested.
DISCLOSURE AND NON-DISCLOSURE
We provide certain Information to third party service providers who perform specific functions on our behalf. For example, we may share your mailing address and other contact information with our delivery partners, and certain of our service providers (i.e., web hosting, credit card processing, catalog management and others) may have access to all or parts of the Information we maintain. All such Information provided to third parties is limited to the Information needed to perform their functions. We are not responsible for any third-party’s use of Information that is not in compliance with this Site Agreement, but endeavor to restrict their right to do so.
We may make certain Information, including, without limitation, your name address and email address, available to our affiliates and related companies. Our affiliates and related companies may contact you directly regarding certain promotions. This information is never sold, and if you would like to opt out of having us share your name, title, address and email address with its affiliates and related companies, please contact our Customer Service Department at the address set forth in this Site Agreement. We may use tracking Information for a variety of purposes, including but without limitation, to compile statistical, demographic or aggregated information about visitors to the Site generally, for load balancing metrics, to create reports on user demographics and the traffic patterns which we may use for any purpose we, in our sole discretion, elect.
Except as provided in this Site Agreement, we will not intentionally disclose any of your personal identifying Information to third parties, except: (i) to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing and other similar services; (ii) when we believe that such disclosure is required by law; (iii) to enforce this Site Agreement; (iv) to protect the rights, property, security or safety of us, other Site users or the public; (v) to respond to an emergency; (vi) to the extent you authorize us to do so; or (vii) as otherwise stated in this Site Agreement. We retain the right to transfer or assign all Information in connection with a contemplated merger, sale, reorganization, purchase, consolidation, financing or other transaction relating to us, our related companies or our or their respective assets or equity.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. All transactions are processed through a gateway provider and are not stored or processed on our servers. We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your Information. Notwithstanding the foregoing, however, you hereby acknowledge that we cannot guarantee the security of your Information. In addition, because Internet communication is inherently unsecured, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. You hereby agree that we are not liable for any breach of our systems or interception of our transmission, and we hereby disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information. By your use of the site, you understand and assume the risks of sending information via and conducting transactions over the internet, and assume full responsibility for your use of the site. You acknowledge and agree that we have no responsibility for, and shall not be held liable for damages or claims arising out of or related to your use of the Site, the products of services offered through the Site, or the unauthorized access to, loss of or use of data obtained on the Site.
Referral Promotion. To the extent that we offer, and you participate in any referral service or promotion, whereby you ask that we inform another person about the Site or Site features, we may request the name and email address of such other person. We will automatically send a one or more emails inviting such person to visit the Site or to purchase items from us. We will retain such Information for use as provided in this Site Agreement.
Third-Party Sites. The Site may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information.
Children Under the Age of 13. We are concerned about the privacy protection of children who access the Internet, and we comply with the Children’s Online Privacy Protection Act (“COPPA”). Accordingly, the Site is not intended for use by anyone under the age of 13 without the supervision of a parent or guardian, and we do not knowingly collect Information from anyone under 13 years of age without the consent of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, you may rely on your parent or guardian to assist you.
Compliance with Laws. We reserve the right to disclose any Information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
Update or Correct Your Information and Contact the Site. Please contact us via our Customer Service Department if you have any questions or concerns regarding the Site or the Site Agreement, or if you would like to update or correct you Information. Please contact firstname.lastname@example.org.
LIMITATION OF LIABILITY
Except as expressly set forth in this site agreement we make no express or implied covenants, representations, or warranties with respect to the site, and you hereby waive all such warranties and all other warranties to which you may be entitled under law or by contract. You hereby knowingly waive warranties to which you might otherwise be entitled.
Without limiting the generality of the foregoing, the site is provided “as is” and “as available,” without any express or implied warranty of any kind, including without limitation:
Any warranties of design, merchantability, fitness for a particular purpose, non-infringement or title; any warranties that the software, technology, or any code, other component, or other component part of the technology will be error free or that access thereto will be continuous or uninterrupted; any warranties arising from a course of dealing, usage or trade practice; any warranties with respect to the accuracy, reliability, completeness or timeliness of any information or materials; any warranties that the software, other technology, code, other components, or other component parts are free of viruses or other harmful components. This section does not affect those warranties that pursuant to a mandatory provision of law are incapable of exclusion, restriction or modification.
To the extent that a California resident, or any jurisdiction subject to a similar law, you hereby waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, and any similar of any other jurisdiction. To the maximum extent permitted by law, in no event will we be liable for any loss to any person other than to the extent directly resulting from our sole negligence, or any loss to property, or any loss constituting punitive, special, direct, indirect, exemplary or consequential damages whatsoever, without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of or in connection with the use, copying or display of, or the interaction or any other form of communication with, the site (including via computer viruses or any other form of software), even if we are advised of the possibility of such damages, losses or expenses. If access, use or viewing of the site results in the need for servicing, repair or correction of equipment or data, provider assumes any costs thereof. We are not liable for any defamatory, offensive or illegal conduct of any person. Your sole remedy for dissatisfaction with the site is to stop accessing, using or viewing the site. Because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If that is the case, you agree that, if the foregoing limitation is found to be invalid, our total liability for all losses regardless of the cause or causes of action (whether in contract, tort, breach of warranty or otherwise) will be limited to the greatest extent permitted by law to the lesser of $100, the amount you paid to us, or the lowest amount permitted by law.
This Site Agreement shall be construed in accordance with California law and California courts will have exclusive jurisdiction for any disputes that arise from this agreement.
COMPLIANCE WITH LAW
You must comply with all applicable laws and regulations in connection with your access, use or viewing of the Site. By accessing, using or viewing the Site, you are representing to us that such access, use and viewing of the Site is permissible under the laws of the country in which you are located or from which you are accessing, viewing or using the using the Site.
WAIVER OR MODIFICATION OF TERMS
No amendment to, or waiver of, and provision of this Site Agreement shall be effective unless made in writing by us. We may amend this Site Agreement at any time, with or without notice to you.
This Site Agreement constitutes the entire agreement between you and us, and completely replaces any prior written, oral, or other representations, warranties, agreements or understandings between you and us.
If any part of this Site Agreement is determined to be invalid or unenforceable pursuant to 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 legally valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the provisions of this Site Agreement shall continue in full force and effect to the maximum extent permitted by law. In all events, if any provision of this Site Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
DATE OF AGREEMENT
This Site Agreement is effective until removed, replaced or revised, as of: [December 14, 2015].