Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Ark Prefab web site located at www.arkprefab.com, and all associated sites linked to www.arkprefab.com by Ark Prefab, its subsidiaries and affiliates, including Ark Prefab sites around the world (collectively, the “Site”). The Site is the property of Ark Prefab. (“Ark”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Ark 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, Ark 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, controlled or licensed by or to Ark, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

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 Ark’s express prior written consent.

You may use information on Ark products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Ark 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. Ark 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 Ark 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 Ark, including any Ark 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 Apple’s systems or networks, or any systems or networks connected to the Site or to Ark.
 

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 Ark 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 Ark or others.

Disclaimer

Information contained in this website may contain inaccuracies and typographical errors, and is provided “as is” without any express or implied warranty of any kind including, but not limited to, (i) warranties of accuracy, completeness, merchantability, non-infringement of intellectual property, or fitness for any particular purpose or (ii) warranties of the reliability of any advice, opinion, statement, or other information displayed or distributed through the website. You acknowledge that any reliance on any such advice, opinion, statement, memorandum, or information shall be at your sole risk. Ark reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. Ark may make any other changes to the website, the materials, the products or information contained in this website at any time without notice. In no event shall Ark or its licensors/suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the information, even if Ark has been advised of the possibility of such damages. Ark also does not warrant that the functions contained in the website will be uninterrupted or error-free, or that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. You understand and agree that any information downloaded or otherwise obtained through the use of the website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of information. Ark does not make any warranty regarding any goods purchased or obtained through the website or any transactions entered into through the website.
 

Limitation of Liability

Under no circumstances shall Ark be liable for any direct, indirect, incidental, special or consequential damages, resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods resulting from any goods purchased or obtained or messages received or transactions entered into through the website; (iii) information contained in the website; or (d) any other matter related to the website, even if Ark has been advised of the possibility of such damages.
 

No Client Relationship

No client, advisory, fiduciary or professional relationship with Ark or any other person is implicated or established by accessing or using this website.
 

Email Communications

Ark and/or its connected third parties may, from time to time, send email messages to you containing marketing or promotions information, etc. Ark does not make any endorsement, representation or warranty with respect to the content of any such email messages or any goods or websites which may be obtained from such third parties, and you agree that Ark shall not have any liability or be responsible for any damages whatsoever with respect to any such dealings or promotions, including but not limited to payment and delivery of goods, resulting from dealings with such advertisers on the website.
 

Third Party Websites

This website may produce automated search results or otherwise link you to other websites on the Internet. These websites are provided solely as a courtesy and convenience to you. Those websites are not under the control of Ark, and some may contain information or material that some people may find inappropriate or offensive. You acknowledge that Ark is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by Ark or any association with its operators.
 

Indemnification

You agree to indemnify and hold each of Ark, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website in violation of the terms and conditions by you, or the infringement by you, or any other user/member of your registered account, of any intellectual property or other right of any person or entity.
 

Governing Laws

This website is controlled by Ark from its offices within China. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent that local laws are applicable. By accessing this website you agree that the laws of the People’s Republic of China, without regard to conflicts of laws principles, will apply to all matters relating to this website, and you agree that any litigation in connection with this website shall be subject to the exclusive jurisdiction of the courts in Shanghai, People’s Republic of China. Modifications of This Legal Statement
 

Ark may modify the terms and conditions from time to time in its sole discretion. Ark may provide you with reasonable notice of any such changes, and continued use of the website will be implied as acceptance to such changes.
 

Termination

Ark reserves the right, in its sole discretion, to terminate your access to all or part of this website, with or without notice.