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Arka South Smart Inc.

Website Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the «Terms of Use») apply to the Arka South Smart Inc web site located at www.arkasouth.com, and all associated sites linked to www.arkasouth.com by Arka South Smart Inc, its subsidiaries and affiliates,. The Site is the property of Arka South Smart Inc and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Arka South Smart Inc reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Arka South Smart Inc grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, «Content»), including but not limited to the design, structure, selection, coordination, expression, «look and feel» and arrangement of such Content, contained on the Site is owned Arka South Smart Inc.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including «mirroring») to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Arka South Smart Inc prior written consent.

You may use information on Arka South Smart Inc products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Arka South Smart Inc for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any «deep-link», «page-scrape», «robot», «spider» or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Arka South Smart Inc reserves the right to bar any such activity.

You may not attempt 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 Arka South Smart Inc server, or to any of the services offered on or through the Site, by hacking, password «mining» or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Arka South Smart Inc, including any Arka South Smart Inc account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Arka South Smart Inc’s systems or networks, or any systems or networks connected to the Site or to Arka South Smart Inc.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Arka South Smart Inc on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Arka South Smart Inc or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Arka South Smart Inc’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Arka South Smart Inc may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Arka South Smart Inc makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Arka South Smart Inc immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Arka South Smart Inc or any other user of or visitor to the Site due to someone else using your Account or password as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Account or password at any time without the express permission and consent of the holder of that Account or password . Arka South Smart Inc cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Arka South Smart Inc’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Arka South Smart Inc’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Arka South Smart Inc Site

This Site may contain links to other independent third-party Web sites («Linked Sites»). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Arka South Smart Inc’s control, and Arka South Smart Inc is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ARKA SOUTH SMART INC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN «AS-IS» AND «AS-AVAILABLE» BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ARKA SOUTH SMART INC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARKA SOUTH SMART INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARKA SOUTH SMART INC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ARKA SOUTH SMART INC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARKA SOUTH SMART INC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Arka South Smart Inc reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Arka South Smart Inc be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Arka South Smart Inc has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Arka South Smart Inc is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Arka South Smart Inc’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Arka South Smart Inc (but not including the purchase price for any Arka South Smart Inc products ), or (2) US$50.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Arka South Smart Inc, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Arka South Smart Inc by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Arka South Smart Inc may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Arka South Smart Inc’s rights or property, or the rights or property of visitors to or users of the Site, including Arka South Smart Inc’s customers. Arka South Smart Inc reserves the right at all times to disclose any information that Arka South Smart Inc deems necessary to comply with any applicable law, regulation, legal process or governmental request. Arka South Smart Inc also may disclose your information when Arka South Smart Inc determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Arka South Smart Inc may preserve any transmittal or communication by you with Arka South Smart Inc through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Arka South Smart Inc determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Arka South Smart Inc, its employees, users of or visitors to the Site, and the public.

You agree that Arka South Smart Inc may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Arka South Smart Inc, for which monetary damages would be inadequate, and you consent to Arka South Smart Inc obtaining any injunctive or equitable relief that Arka South Smart Inc deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Arka South Smart Inc may have at law or in equity.

You agree that Arka South Smart Inc may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Arka South Smart Inc does take any legal action against you as a result of your violation of these Terms of Use, Arka South Smart Inc will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Arka South Smart Inc. You agree that Arka South Smart Inc will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Binding Arbitration

If you have any dispute with us, you agree that before taking any formal action, you will contact us at Arka South Smart Inc, and provide a brief, written description of the dispute and your contact information . Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by binding arbitration to be conducted before the Centro Empresarial de Conciliación y Arbitraje (CEDCA) according to its Arbitration and Conciliation Rules, by one (1) arbitrator proficient in both English and Spanish languages who will decide according to law, with the arbitration seat located in Miami, Florida.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt out to Arka South Smart Inc  at the address 11108 Sylvan Pond Circle, Orlando, Florida 32825. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Arka South Smart Inc also will not be bound by them. If Arka South Smart Inc changes this ‘Binding Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above . By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Arka South Smart Inc in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

You understand and agree that the above dispute procedures shall be your sole remedy in the event of dispute between you and Arka South Smart Inc).

Governing law

These Terms of Service will be governed by the laws of the State of Florida of the United States of America without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section Binding Arbitration above, you and Arka South Smart Inc agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Florida. The failure of Arka South Smart Inc to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Arka South Smart Inc shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.