ARK Industrial LLC

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT” OR “TERMS”) CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE BUYER, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS OF SERVICE BEFORE PROCEEDING TO USE THIS SITE.

Overview

Welcome to ARK Industrial LLC (the “Company, “we,” “us,” or “our”). In this Agreement, the terms “we”, “us”, and “our” refer exclusively to ARK Industrial LLC. This Agreement forms a legally binding contract between you, whether personally, or on behalf of an entity and ARK Industrial LLC concerning your access to the Site and purchase of our Products or Services. Furthermore, you confirm that you possess the legal authority to enter into this Agreement, and that you will abide by all of its stipulations. We provide our Site, which includes all information, tools, and Services available to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices detailed here. By accessing, browsing, purchasing, or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, together with all other operating rules, policies, and procedures that may be published from time to time on the Site by the Company, each of which is incorporated by reference and each of which may be updated by the Company from time to time without notice to you.

It is imperative that you read and comprehend these Terms in their entirety before proceeding. If, for any reason, you disagree with or cannot comply with these Terms, we urge you to refrain from using our Site or purchasing our Products and Services. We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes.

1 – Legal Age and Compliance with the Laws

By accessing this Site, purchasing our Products, or using our Services, you affirm that you are of legal age in your state or country of residence. You hereby represent and warrant that you have the legal capacity to enter into this Agreement and to comply with all its terms and conditions. It is your responsibility to ensure that your use of our Site, Products, and Services is in compliance with all applicable local, state, federal, and international laws and regulations. Your agreement to these terms indicates your understanding and acceptance that we cannot be held responsible for any non-compliance on your part with respect to such laws and regulations.

2 – General Conditions

We reserve the exclusive right to refuse service to anyone for any reason at any time, in compliance with applicable laws and without discrimination. Be aware that your content (excluding credit card information), may undergo unencrypted transfer and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for any content you provide through our platform, and you agree to comply with all laws applicable to your content, including laws relating to intellectual property and privacy.

We also reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Our service may also use third-party tools and services which are not controlled by us. We are not responsible for the operation or functionality of these third-party services and your use of these services will be subject to their respective terms and conditions.

3 – Accuracy of Information

While we strive for accuracy, we do not guarantee that the information presented on this Site is accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

4 – Modifications to Service and Prices

Prices for our Products and Services are subject to change without prior notice. We reserve the right to adjust pricing for our Products, Services, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will be reflected on our Site and will apply to future purchases only. We will not provide price protection or refunds in the event of a price reduction or promotional offering.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part or content thereof) with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

All Products offered are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products or Services without notice, even if you have already placed your order.

5 – Products or Services

For the purposes of this Agreement, “Products” refers to the solar panels and related equipment sold by ARK Industrial LLC, and “Services” encompasses any guidance, support, or other services offered by us in connection with the sale of these Products.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis. We also reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products and their pricing are subject to change at any time without notice pursuant to the “Modifications to Service and Prices” Section of this Agreement, at our sole discretion. We also 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 by law.

Our Products are designed for installation by licensed, trained, and insured solar electrical installation professionals. It is strongly advised that customers engage such professionals for the installation of our Products. The proper and safe implementation of these Products, as well as compliance with all local codes and regulations, is the responsibility of the customer and the installing professional.

We make no warranty regarding the accuracy or completeness of the information provided or the success of the equipment’s installation and operation. No warranty may be created or extended by sales or promotional materials. It is the sole responsibility of the customer to ensure that the installation and use of our Products are in accordance with all local, state, and federal laws, codes, and regulations. ARK Industrial LLC expressly disclaims any liability for any failure to adhere to such laws, codes, and regulations. Customers are advised to consult with local authorities and qualified professionals to ensure compliance before proceeding with the installation and use of our Products.

The customer’s decision to purchase and install the Product implies acceptance of these Terms and an understanding of their responsibility to adhere to local regulations and safety standards.

6 – Product Warranty Claims:

The Buyer hereby acknowledges and understands that ARK Industrial LLC is solely a distributor of solar panels and related solar power products, as referred to in this Agreement as the “Products,” and is not the manufacturer of the Products. Consequently, any and all warranty claims or issues arising post-purchase regarding the quality, functionality, or any other aspect of the Products shall be the sole responsibility of the respective manufacturer. The Buyer agrees to direct all such warranty claims or inquiries directly to the manufacturer of the purchased Products. ARK Industrial LLC shall bear no obligation or responsibility to facilitate, mediate, or intervene in any warranty-related claims between the Buyer and the manufacturer. The Buyer’s recourse for any defects, malfunctions, or warranty-related issues shall lie exclusively with the Product’s manufacturer, and not with ARK Industrial LLC.

7 – User’s Obligations

The user is obligated to provide accurate, current, and complete contact and shipping information during the purchase process to ensure payment in full for the purchased items. It is also the user’s responsibility to ensure timely payment in full for the purchased items. Delays or inaccuracies in providing this information or in payment may result in delays or cancellations of your order. Upon delivery, the user must inspect the items for any damage or discrepancies. Any damage, defects, or discrepancies must be reported to ARK Industrial LLC with a detailed description and photographic evidence within 24 hours of delivery, as outlined in Section 9 – Freight Damage Policy. Failure to report within this timeframe may impact the user’s rights and our capacity to resolve the issues effectively.

Customers purchasing solar panels from ARK Industrial LLC agree to use their best efforts to ensure the purchased products are installed in accordance with all local, state, and federal laws, codes, and regulations. Customers are further requested to provide reasonable documentation of such installation upon request to support ARK Industrial LLC’s compliance requirements.

Documentation may include, but is not limited to:

• Proof of delivery to project sites.
• Work orders or contractor documentation.
• Installation photos or similar evidence.

Failure to provide requested documentation may impact ARK Industrial LLC’s ability to meet compliance obligations and could result in additional follow-up communications to resolve outstanding requirements. ARK Industrial LLC appreciates customers’ cooperation in this matter.

By completing a purchase, the user acknowledges and agrees to these obligations. Non-compliance with these obligations may affect the user’s rights.

8 – Pricing and Payment

All prices for Products and Services are quoted in US dollars and are subject to change. While we strive to provide accurate pricing information, inadvertent errors may occur. In the event of a pricing error, we reserve the right to correct the error and will inform you of the correct price, giving you the option to continue with the purchase at the corrected price or cancel the order. Payment for purchases can be made via credit or debit card on our website, or through a direct bank transfer (ACH or wire transfer) initiated by the buyer directly to our business bank account. For payments made using a credit or debit card, a 3% additional fee will be applied to cover the costs incurred by us for these payment methods.

When opting for payment via direct bank transfer, ARK Industrial LLC will provide the buyer with accurate bank account details for the transaction following order placement. It is the responsibility of the buyer to ensure that all transfer details are correctly entered. ARK Industrial LLC is not responsible for errors made by the buyer in the execution of the bank transfer, including but not limited to entering incorrect account information that results in misdirected funds. Buyers are advised to meticulously verify all transfer details before initiating the transaction to prevent any errors. Please note that some banks may charge a fee for wire transfers, and these are the responsibility of the buyer.

By providing a credit/debit card or bank transfer details, the user authorizes ARK Industrial LLC to charge the provided payment method for all charges arising from the user’s order. This includes the product price, applicable taxes, shipping and handling fees, and any other charges related to the purchase. For credit and debit card transactions, an authorization hold for the total amount of the order may be placed on the card at the time of order placement. This is not a charge but a standard practice to confirm the card is valid and has sufficient funds. The actual charge will occur upon order confirmation. If there are errors in the transaction process, whether on the part of the user or the payment processing system, we will endeavor to rectify such errors. However, ARK Industrial LLC bears no responsibility for errors made by the user when entering payment information or for issues arising from the user’s bank or card issuer.

9 – Sales Tax and Use Tax

ARK Industrial LLC does not currently collect state sales tax on purchases. Consequently, it is the buyer’s responsibility to comply with their local and state tax laws regarding the payment of sales tax or use tax. Buyers are responsible for determining and fulfilling their tax liabilities directly with the relevant tax authorities in their jurisdiction. We recommend that buyers consult with a tax professional or refer to their local tax regulations to ensure they understand and comply with their tax responsibilities.

10 – Freight Damage Policy

OUR SHIPPING TERMS ARE BASED ON A FREE ON BOARD (FOB) AGREEMENT. THE TITLE OF THE PRODUCTS TRANSFERS TO YOU, THE BUYER, AS SOON AS THE SHIPPING CARRIER ACCEPTS THE PRODUCTS AT OUR LOCATION.

UNDER THE FOB TERMS, ARK INDUSTRIAL LLC IS NOT LIABLE FOR ANY DAMAGE THAT OCCURS TO ORDERS DURING TRANSIT, INCLUDING VISIBLE OR CONCEALED DAMAGE, OR MATERIAL SHORTAGES. HOWEVER, WE WILL FACILITATE THE DOCUMENTATION PROCESS FOR THE FREIGHT CARRIER’S CLAIMS DEPARTMENT ON YOUR BEHALF.

Procedure for Handling Damaged Shipments:

• Inspection Upon Delivery: Immediately upon delivery, inspect the shipment in the presence of the driver. Check for any external damage to the packaging, such as holes, tears, or cuts, and ask the driver to wait while you conduct this inspection. If damages are found, take photographs and note the word “damage” on the delivery receipt. Then, sign the receipt and have the driver sign as well.
• Inspection After Delivery Products: Open the package and check the Products themselves for damage. If the Product is damaged, take photographs.
• Immediate Notification: Report any damages to ARK Industrial LLC within 24 hours of delivery, providing the Proof of Delivery (POD), photos of the damage (to both packaging and Products), and any other pertinent documentation.
• Preservation of Evidence: Keep all the Product and packaging in your possession until you receive approval to dispose of it from the carrier or until the claim is finalized, as the carrier may want to inspect the damages.
• Duty to Mitigate Additional Losses: The buyer is responsible, to the best of their ability, for mitigating additional losses in a timely manner. For example, if a package is damaged, it should never be left out in the elements such as rain or snow where it could potentially be damaged further.

In the event of damage, ARK Industrial LLC will not ship replacement solar panels. The resolution of damage claims, including any compensation or refunds, will be at the discretion of the shipping carrier as per their policies. If you have specific quantity requirements or are on a tight timeline, we recommend ordering additional solar panels to accommodate the risk of potential damage during shipment.

While ARK Industrial LLC will assist in compiling and providing necessary documentation to the carrier, the primary responsibility for pursuing claims lies with you, the buyer, and the freight carrier.

11 – Store Pickup Policy

For customers opting to pick up their orders directly from our designated warehouses, please adhere to the following guidelines to ensure a smooth and safe transaction:

Vehicle Requirements: Customers must arrive with an appropriately sized vehicle, such as a full-sized truck or U-Haul, capable of safely transporting a full pallet of solar panels. It is the customer’s responsibility to ensure the vehicle is suitable for the load being picked up.

Scheduling and Payment: Pickups must be scheduled in advance. Payment for order must be made before pickup. Customers are required to coordinate with ARK Industrial LLC to determine the appropriate pickup time and location.

Loading Process: Upon arrival at the designated warehouse, our warehouse staff will assist with the loading of your solar panel pallet onto your vehicle. While ARK Industrial LLC ensures that all reasonable precautions are taken during loading, the customer must actively participate in overseeing the loading process to ensure it is done safely and to their satisfaction.

Liability for Damage: Please note that some of the warehouses utilized for pickup points are operated by our OEM partners, not by ARK Industrial LLC. While warehouse staff will assist in loading the products onto your vehicle, ARK Industrial LLC cannot be held responsible for any damage that occurs during the loading process. It is the customer’s responsibility to ensure that the loading is conducted safely and that the vehicle is adequately prepared to transport the items securely.

Compliance with Warehouse Policies: Customers must comply with all operational procedures and safety regulations of the warehouse during the pickup process. Failure to adhere to these guidelines may result in a refusal to load the panels or termination of pickup privileges.

By opting for store pickup, the customer acknowledges and agrees to these terms, and accepts responsibility for the transport and condition of the products once loaded onto the vehicle.

12 – Delivery

ARK Industrial LLC operates a distribution network across the continental United States. Our standard delivery method is ‘curbside delivery’, meaning that the freight carrier will deliver the Products to the curbside of your address utilizing a liftgate. The carrier will not move the Products up the driveway or onto your property. Products will be delivered to the Shipping location as specified in the online order. The average delivery time is typically 5-10 business days from the day the Products are picked up by the freight carrier, but this timeframe is an estimate and may vary.

ARK Industrial LLC shall not be liable for any delays in delivery.

13 – Returns and Exchanges

ALL SALES ARE FINAL. No returns will be accepted once a purchase has been made and processed. Please review your order carefully prior to finalizing your purchase. For any questions or concerns about our Services or Products, feel free to contact us before making your order.

14 – Order Cancellation

Orders can be canceled only if done before the order is processed. We define ‘processing’ as the point at which an order is scheduled for shipment or enters the shipping process. Users are advised to review their decision promptly as processing times can vary. After processing and scheduling shipment, we are no longer able to cancel an order.

To cancel an order, please contact our support team immediately. Cancellations must be confirmed by our support team to be considered valid. For orders successfully canceled before processing and where payment is made by ACH of Wire Transfer, a full refund will be issued to the original bank account used during purchase. For orders successfully canceled before processing and where payment is made via credit or debit card, a full refund minus the 3% card processing fee will be issued to the original credit or debit card. Please allow a standard processing time for the refund to be reflected in your account or on your card. Please note that special orders, custom orders, or orders for items not typically held in stock may not be eligible for cancellation.

15 – Prohibited Uses

In addition to other prohibitions set forth in these Terms and Conditions, you are prohibited from using our Site, Products, or Services:

• For Illegal Activities: Engaging in any illegal activities or activities that contravene applicable laws, statutes, ordinances, or regulations.
• Intellectual Property Infringement: Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Abusive Behavior: Participating in any harassing, abusive, defamatory, harmful, or otherwise objectionable behavior.
• Fraud and Misrepresentation: Engaging in fraud, misrepresentation, or deceptive practices.
• Operational Interference: Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
• Unauthorized Data Collection: Using any data mining, robots, or similar data gathering and extraction tools on the Site.
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server.
• Commercial Activities Without Consent: Using the Site, Products, or Services for any commercial purposes without obtaining express written consent from ARK Industrial LLC.
• Posting Objectionable Content: Posting or transmitting any material that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
• Violating Export Control Laws: Exporting or re-exporting any of our Products or Services in violation of applicable export control laws and regulations.
• Resale and Redistribution Restrictions: Reselling or redistributing our Products or Services without proper authorization.
• Harmful or Destructive Content: Uploading or transmitting viruses, worms, 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.

ARK Industrial LLC reserves the right to investigate and take appropriate legal action against anyone who, in ARK Industrial LLC’s sole discretion, violates this provision, including, without limitation, reporting such user to law enforcement authorities and suspending or terminating their access to the Site, Services, and Products.

16 – Disclaimer Of Warranties

THE SERVICES, PRODUCTS, AND MATERIALS ON OUR SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARK INDUSTRIAL LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ARK INDUSTRIAL LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS SITE, OUR PRODUCTS, AND SERVICES.

Furthermore, ARK Industrial LLC does not guarantee or make any representations regarding the reliability, quality, suitability, truth, accuracy, or completeness of any Products, Services, or materials available on or through the Site. Reliance on any information provided by ARK Industrial LLC, its employees, agents, or others appearing on the Site is solely at your own risk.

This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

17 – Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ARK INDUSTRIAL LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO THE SITE, USE OF THE SERVICES, OR PURCHASE OF THE PRODUCT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

In no event shall ARK Industrial LLC’s aggregate liability for all claims related to the Services exceed the greater of $100 USD or the amount you paid ARK Industrial LLC, if any, in the last 12 months for the Services giving rise to the claim.

This limitation of liability is part of the basis of the bargain between you and ARK Industrial LLC and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law) and even if ARK Industrial LLC has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

18 – Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party website providers from and against all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Terms or the Services or Products we offer.

You agree to cooperate fully in the defense of any claim challenged or questioned under this indemnification provision. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the Company.

This indemnification provision shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director, or employee of such indemnified party and shall survive the termination of your use of our Site, any Services or Products we offer.

No Limitation: Your indemnification obligations cover claims against you and the Company alike, including situations where you have acted negligently or in a manner that may not align with the best interests of the Company.

19 – Severability

In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

20 – Termination

This Agreement is effective unless and until terminated by either party. Obligations and liabilities incurred prior to the termination date will survive the termination for all purposes.

21 – Entire Agreement

These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between you and the Company, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein. You acknowledge that you have not relied upon any representation, promise, or warranty made by the Company, except as expressly set forth in these Terms. Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law. In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.

22 – Governing Law

These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.

The laws of the State of Wyoming shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement. Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of Wyoming. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.

You agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.

23 – Dispute Resolution

If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.

If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.

Notwithstanding the above clauses, the Company reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where the Company believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.

24 – Waiver

The failure or delay of the Company in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Any waiver by the Company of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of the Company. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these shall not constitute a waiver of such right or provision.

25 – Headings

The headings, subheadings, and captions used within these Terms are provided solely for the convenience of the parties, and are not intended to affect the meaning or interpretation of this document. These headings, subheadings, and captions serve solely as reference points and do not, in any manner, elucidate, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions herein.

Any reference made to a specific section, using the associated heading, is for clarity and does not limit the scope of the section in the context of the entirety of these Terms.

26 – Changes to Terms of Service

The Company reserves the right, at its sole discretion, to modify, alter, or update these Terms at any time. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Service or purchase of the Products following the posting of revisions will mean that you accept and agree to the changes.

To aid in identifying updates, we will include a “last updated” date at the beginning or end of the Terms.

If you continue to use the Service or purchase the Products after any amendments or modifications, it signifies your agreement to be bound by the revised Terms. If you do not agree with any change to these Terms, you must cease your use immediately.

27 – Force Majeure

“Force Majeure” refers to any event or circumstance beyond the reasonable control of the Company, including but not limited to: acts of God, natural disasters (such as earthquakes, floods, storms, or fires), wars, hostilities, civil disturbances, government actions, embargoes or blockades, national or regional emergencies, strikes or labor disputes (excluding those involving our own employees), utility failures, disruptions in telecommunication infrastructure, epidemic or pandemic situations, or any other exceptional and catastrophic event.

If the Company is prevented or delayed from complying with any of its obligations under these Terms due to a Force Majeure event, it will not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control.

The Company shall, as soon as reasonably practicable after the start of a Force Majeure event, notify you of the nature and extent of the Force Majeure event, the effect on its ability to perform, and the anticipated duration of the interference with its performance.

The Company will use commercially reasonable efforts to minimize the effects of the Force Majeure event and to ensure the resumption of its regular obligations as soon as possible.

If the Force Majeure event continues for a continuous period of more than 60 days, either party may terminate the agreement by giving 10 days written notice to the other party. Upon such termination, neither party shall be liable to the other, except for any liability which may have arisen before the occurrence of the Force Majeure event.

28 – Assignment

You may not assign, delegate, subcontract, or otherwise transfer your rights, obligations, or duties under these Terms without the prior written consent of the Company. Any attempted assignment, delegation, or transfer without the requisite consent will be deemed null and void.

However, the Company reserves the right to assign, transfer, or delegate any of its rights and obligations under these Terms to any third party at its sole discretion, without notice. This may include an assignment to a successor due to merger, acquisition, reorganization, or sale of all or substantially all of its assets or equity.

Subject to the restrictions on assignment contained herein, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

When an assignment is made by the Company, the party receiving such assignment shall be bound by the provisions of these Terms in the same manner as the Company and shall benefit from all rights, benefits, and interests herein.

29 – Intellectual Property

All content presented or displayed on our Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the sole property of the Company or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The compilation of all content on our Site is the exclusive property of the Company, and you are expressly prohibited from reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or using any content available on or through our Site, Services, or Products for commercial or public purposes, without our prior written permission.

The Company name, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Site are the trademarks of their respective owners.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our Site infringes upon your intellectual property rights, please provide us with a detailed notice with the requisite information to evaluate and, if valid, act on such claims.

By using our Site, Services, or Products, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the content and services for your personal, non-commercial use, subject to compliance with these Terms. This license does not include any right for resale, commercial use, distribution, or modification of any content or service.

30 – General Acceptance

By accessing our Site, purchasing our Products, or using our Services, you, the user, hereby acknowledge and agree to these Terms in their entirety. Your engagement with ARK Industrial LLC through any of these means constitutes a binding agreement to adhere to these Terms as set forth herein.

Throughout this Agreement, various titles such as “you,” “your,” “buyer,” “user,” and similar designations are used. Please note that these titles are interchangeable and are intended to refer to the individual or entity who is engaging with ARK Industrial LLC by accessing our Site, purchasing our Products, or using our Services. Regardless of the title used, these terms apply equally to all parties entering into this agreement.

This document, including all its terms, conditions, policies, and notices, constitutes a legally binding agreement between you and ARK Industrial LLC. By agreeing to these Terms, you represent that you have the authority to enter into this agreement and that you will comply with all its provisions.

31 – Contact Information

If you have any questions, concerns, or feedback regarding these Terms, or any of our products or services, please feel free to contact us at [email protected]. We will make reasonable efforts to respond to your inquiries promptly, typically within two business days. However, please note that response times may vary depending on the nature and complexity of your inquiry. To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue. Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.