TERMS OF SERVICE

These Terms of Service (Terms) dictate permissible access and use of all of the Arkisys, Inc. (Arkisys) website (Site) and services, arkisys.com. Your use of the Site constitutes your acknowledgement, understanding, and acceptance of these Terms.

 

1. SITE USE

The Site is for your personal, commercial, informational and interactive use only. Any other use without Arkisys’s express prior written permission is prohibited.

 

2. INTELLECTUAL PROPERTY

Unless otherwise noted, the Site and its content, including, but not limited to design, text, images, videos, interfaces, trademarks, service marks, or logos, interfaces, etc. (Content) are owned or licensed by Arkisys. Except as permitted by these Terms, you may not use the Content for any purpose without Arkisys’s express prior written permission.

 

3. LINKS TO THIRD PARTY WEBSITES

From time to time, the Site may include links to third-party websites. Such links are provided solely as a convenience and are not controlled by, sponsored by, or associated with Arkisys in any way. By accessing a link, you are leaving the Site and are subject to the third party’s terms and conditions.

 

4. SUBMISSIONS TO ARKISYS

Arkisys does not accept or consider unsolicited ideas, concepts, or other suggestions (Submissions).  If you wish to present Submissions to Arkisys, please contact press@arkisys.com in order to enter into a Non-Disclosure Agreement. Failure to do so indicates your agreement that your Submission(s) will be treated as non-confidential and non-proprietary and will become the sole property of Arkisys without any attribution or payment of any compensation to you.

 

5. PROHIBITED CONDUCT

You agree not to access or use the Site or any Content for any unlawful or prohibited purpose, including, but not limited to: (a) interfering with access to or use of the Site; (b) tampering with, modifying, or altering the Site or any Content; (c) gaining unauthorized access to Arkisys systems; or (d) knowingly introducing any virus, worm, Trojan, or other malicious code into Arkisys systems.

Further prohibited conducted includes:

  • Abuse, harassment, threats impersonation or intimidation of any person;

  • Use for any purpose that is not permitted under the laws of the jurisdiction where you use the service or of your employer;

  • To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain passwords, accounts or personal information as defined in the Arkisys Privacy Statement;

  • To create multiple account to manipulate the date on the Site;

  • To use copyrighted content that does not belong to you.

 

6. TERMINATION

Arkisys reserves the right to terminate all instances of abuses of these Terms in its sole discretion.  Depending on the circumstance, Arkisys may terminate your account, disallow management of your content, deactivate or disable your account.

 

7. CHANGES TO THE TERMS

Arkisys reserves the right to change, modify, or update these Terms at any time for any reason. You understand and agree you are solely responsible for periodically reviewing these Terms. Your continued use of the Site after any change, modification, or update of the Terms constitutes your agreement to the new Terms.

 

8. DISCLAIMER & TOTAL LIMITATION OF ARKISYS LIABILITY

THE SITE AND ITS CONTENT ARE PROVIDED BY ARKISYS ON AN “AS IS” BASIS. ARKISYS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE. YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. ARKISYS IS NOT LIABLE FOR ANY SITE ERRORS, INTERRUPTIONS, OR DAMAGE TO YOUR SYSTEM OR DATA LOSS THAT MIGHT RESULT FROM YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARKISYS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS, DATA OR REVENUE OR OTHER INTANGIBLE LOSSES, INCLUDING SPECIAL, PUNITIVE, TREBLE OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE OR CONTENT.

 

9. INDEMNITY AND WAIVER OF ARKISYS

You agree not to sue or bring any other legal action against Arkisys, whether in contract, law, equity or any other legal theory and agree to indemnify and hold harmless Arkisys Inc., its affiliates, directors, officers, employees, and agents from and against any and all third-party liabilities, losses, damages, claims, demands, costs, or expenses (including reasonable attorneys’ fees) resulting from your use of the Site or your violation of these Terms.

10. DISPUTES

You agree that these Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict-of laws principles. Additionally, you agree the courts located in Los Angeles County, CA shall have exclusive jurisdiction to adjudicate any dispute arising from your access to or use of the Site.

BOTH PARTIES AGREE TO THE WAIVER OF A JURY TRIAL. IF YOU FIND YOURSELF IN A DISPUTE WITH ANOTHER ARKISYS USER OF THE SITE, RESOLVE THE DISPUTE AMICABLY WITH THAT THIRD PARTY.  ARKISYS MAY AT ITS SOLE DISCRETION HELP YOU RESOLVE DISPUTES WITH OTHER SITE USERS IN GOOD FAITH BASED SOLELY ON ARKISYS POLICIES.  ARKISYS WILL NOT MAKE ANY JUDGMENT REGARDING LEGAL ISSUES OR CLAIMS BETWEEN USERS OF THE SITE.  TO BE CLEAR, ARKISYS HAS NO OBLIGATION WHATSOEVER TO RESOLVE ANY DISPUTES BETWEEN USERS OF THE SITE.

11.  GOVERNMENT EXCEPTION

If you are a government agent/agency or entity in the United States using the Site in your official capacity, and you are legally unable to agree to Terms, the Terms will be governed by the applicable Federal, State or municipal laws.  In the absence of any laws on point at any government level, the laws of the State of California shall prevail.

12.  ENTIRE AGREEMENT

These Terms contain the entire understanding of the parties with respect to matters covered and may be modified only in accordance with Article seven (7) above.

 

13.  SEVERABILITY

Each provision of these Terms shall be treated as a separate and independent clause. If one or more provision is held to be unenforceable at law, such provision(s) shall be construed as enforceable to the maximum extent possible or by amended by a reasonable judge of competent jurisdiction. You agree the remainder of any uncontested clauses remain in full force and effect.

 

14.  ORDER OF PRECEDENCE

If a customer enters into any type of agreement with Arkisys, by way of example, a Port Service Agreement, a Launch Service Agreement, Multiple Launch Services Agreement, binding Letters of Intent, binding Memorandum of Understanding or any other binding agreement for Arkisys services and or hardware, the Terms of that Agreement shall take precedence over any conflicting term or condition in these Terms.

 

15.  CONTACT INFORMATION

If you have any questions about these Terms, email Arkisys at legal@arkisys.com

Last Updated – 10/2020

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