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Our terms of use

TERMS OF USE


Hello! Welcome to the ARLO SKYE Terms of Service. ARLO SKYE, Inc. (“ARLO SKYE,” “we,” “us,” or “our”) owns and operates this website (“the Site”) and its services. Please read the following terms of use (“Terms”) as they govern our visitors’ (“you” or “your”) use of our Site. By using this Site, you agree to follow and be bound by these Terms as well as any other terms, guidelines or rules that apply to any portion of this site, without limitation or qualification. If you do not agree to these Terms, you may not use this Site in any way.

Any use of our Site at any time constitutes full acceptance of these Terms of Use.

1.1 Right to Use
Your use of the Site and any services offered thereon is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. By visiting and/or using the Site, you agree that you:

Are of the age of legal consent in your State or jurisdiction;
Will comply with these Terms of Use;
Will not use the Site for any illegal or unauthorized purpose, including, without limitation, any attempt to collect personally identifying information, including account names, numbers, email addresses, banking information, or other such personal customer or user data, for commercial purposes or otherwise;
Are the owner of all of the information you provide to us and/or will submit accurate information to the best of your knowledge, and you have the necessary permissions or consents to use and authorize ARLO SKYE to collect, use, or display any and all content submitted by you to the site, as may be appropriate;
Are solely responsible for content you provide to the Site, including without limitation, your name, email address, physical address and other such information;
Will not use the Site or any services or information offered therein to spread malicious content, viruses, or to defame, harass or malign anyone or any entity;
and
Hereby affirm that we have the right to determine whether any of your content or submissions are appropriate and comply with these Terms of Use, and in such case, to remove any or all of your submissions or to cancel or restrict your access to the Site, without prior notice to you.
We care about the protection and privacy of children and in compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA), we specifically do not intend and do not allow the Site or services therein to be used by anyone thirteen (13) years of age or younger. For more information on our COPPA policy, please see our Privacy Policy.

1.2 Availability of Site and Services
Though we strive to bring you a seamless experience, ARLO SKYE does not have control over the Internet and its connectivity, and that sometimes means that interruptions may occur. While we take every reasonable action to make sure that the Site remains fully functional and up to date, there may come a time where the Site or its services are unavailable, for any reason or no reason, including for routine maintenance. There may or may not be any prior notice of such unavailability or scheduled maintenance. Due to circumstances either in our control or not in our control, access to the Site and its services may be interrupted, suspended, or terminated. We retain the right, in our sole discretion, to deny access to part or all of the Site to anyone, at any time and for any reason.

1.3 Intellectual Property
You acknowledge that ARLO SKYE owns all of the content that appears on the Site, including all graphics, text, audio and video, subject to copyright protections and/or other intellectual property rights or licenses held by us. This includes all right title and interest in any works of authorship, designations, designs, know-how, ideas, information made or conceived, including any patent rights, whether or not patentable. We also own certain rights in and to our product designs and advertising materials, and their reproductions, further versions, revisions, and/or derivative works (all of the preceding collectively, “Intellectual Property”). We grant to you a limited license to access and make personal, non-commercial use of the Intellectual Property on this website. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to ARLO SKYE, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

1.4 Limitations on License
You are not permitted to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not so intended to be read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Intellectual Property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

1.5 Terms of Subscription
Subscribing to our mailing list for updates and other information on www.arloskye.com is free of charge. Subscription members, by the act of subscribing, thereby agree to all terms of service, including as modified from time to time. ARLO SKYE reserves the right in its sole discretion to determine whether or not any user is in violation of these Terms of Use and may suspend or remove any user from the subscription list in our sole discretion.

1.6 Electronic Communications
ARLO SKYE and its services are available to you over the Internet, and we may communicate with you or provide you with important information by electronic mail or other electronic form using the contact information you have provided to us, as well as postal mail and via general site notifications. You hereby consent to receiving such notifications in electronic form, and agree that all terms, conditions, agreements, notices, disclosures and other communications provided to you by electronic means satisfy any legal requirement that such communications would satisfy if they were in hard copy. You may always opt out of our communications with you by choosing to unsubscribe or by cessation of use of the Site.

1.7 Availability of Product and Customer Satisfaction
ARLO SKYE provides products imbued with elegance, quality and practical intelligence that are affordable to our customers. We will use our best efforts to accurately represent all of our products that are available for purchase. However, as a natural consequence of photo angling, lighting or product popularity, variations in color, size, shape and look may occur, and certain styles may not be available until further notice. If you are not satisfied your purchase, please review our Returns & Exchanges section for additional information.

1.8 User Feedback
ARLO SKYE is a novel and growing company, and part of providing the best service to our customers includes receiving, responding to, and/or implementing user feedback. We welcome your comments, feedback, suggestions, ideas, and other submissions (collectively, “Feedback”); however, any Feedback disclosed, submitted or offered to us on or by this Site shall be and remain the property of ARLO SKYE. You agree to assign any and all property rights and interests to ARLO SKYE and agree to allow our company unlimited use, commercial or otherwise, of any Feedback. Please note, there is no expectation of privacy in any Feedback submitted to us, and we shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate you or any user for any Feedback, whether or not implemented; or (3) to respond to any of your Feedback. Without limiting any of the foregoing, in the enforcement of this policy, we will maintain the standard levels of data privacy protection as required by any applicable laws.

Additionally, ARLO SKYE shall have no liability to you or any other user in connection with any content submitted to, transmitted via, displayed or posted on this Site, regardless of whether provided by you or any other party. If you believe that information about you has been incorrectly submitted or submitted without your authorization, please contact us at legal@arloskye.com.

1.9 Third Party Links
ARLO SKYE is dedicated to its community, and sometimes that may mean we will include or promote our trusted partners and their services through our Site; those services are provided by outside third parties. We will disclose any benefit that we receive from your patronage of such outside third parties. ARLO SKYE does not have any control over the other websites or services that we may link to, their security, or any of the networks that you use to access those third-party providers. ARLO SKYE is not, and cannot, be responsible for the content, privacy practices, or usage policies of such websites or the companies that own them. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties or any problems in their services. Links to third-party content located on our Site are provided only for your education and convenience and you access them at your own risk. You expressly relieve us of any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Site or any of our services.

We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website. We do not make any warranty or guaranty for products of any third party.

1.10 Disclaimer of warranties and no guarantee
All content and services on this site are provided on an "as is" basis with no warranty of any kind. To the maximum extent permitted by law, ARLO SKYE disclaims all representations and warranties, express or implied, with respect to such content, whether provided or owned by ARLO SKYE or by any third party, including but not limited to: warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, ARLO SKYE does not represent or warrant that the content accessible via this site is accurate, complete, or current, and you may not rely on the content accessible via this site.

1.11 Indemnity and limitation of liability
You agree to indemnify, defend, and hold harmless ARLO SKYE, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (1) your use of the site, including without limitation, any content submitted or transmitted by you via the site; (2) any use of any password chosen by or issued to you; or (3) any violation by you of: (a) these terms of use; (b) our privacy policy; (c) any other terms, guidelines or rules applicable to the site; (d) any rights of any other person or entity; or (e) any applicable laws, rules, or regulations.

To the fullest extent permitted by applicable law, in no event shall ARLO SKYE, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the site, including but not limited to any: (i) errors, mistakes, or inaccuracies with regard to the content contained on this site; (ii) any unauthorized access to or use of the site or our secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the site, regardless of the cause of the interruption or cessation; (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through our site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this site, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not any party was advised of the possibility of such damages.

1.12 Jurisdiction/Disputes/Choice of Law
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located in New York County, New York. In the event of a dispute between you and ARLO SKYE, each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.

1.13 Miscellaneous
If, for any reason, ARLO SKYE does not act to enforce a breach or any other right under these Terms of Use, that does not mean that we have waived our right to enforce these Terms or any similar or subsequent right hereunder. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. These Terms of Use, our Privacy Policy and any other related terms provided to you constitute the sole and entire agreement between you and ARLO SKYE with respect to the Site and its services and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral with respect to the Services.

1.14 Modification and Termination
ARLO SKYE may revise these Terms of Use from time to time in our sole discretion, without prior notice to you. All changes are effective immediately once posted to the Site, and apply to all access and uses thereafter. Your continued use of the Site and any offered services thereon means that you accept the revised Terms and agree to the changes. You should revisit this page from time to time so that you are aware of any changes, as they are binding on you.

Affirmation of Agreement
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Terms herein.

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