This Privacy Policy describes how ArkConsult LLC ("ArkConsult" "we," "our," or "us") handles the collection, storage, sharing, and protection of the personal information of visitors, users, and others who access our Website at https://www.arkconsult.com/ (the "Website").
We value individuals' privacy concerns, so this Privacy Policy outlines what data we collect, Howitt is used, with whom it is shared, the choices available to individuals, and other details regarding privacy practices. By accessing any part of the Website, users agree that their persona information may be collected, stored, used, transferred, and disclosed by ArkConsult as described here.
Kindly read the following terms to learn more about your privacy, as this Privacy Policy ("Policy")will help you understand how we collect and use personal information from those who access and use our Website. It also helps you understand the rights and choices that you have with respect to your personal information.
By accessing or using the Website in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.
1. Changes to this Privacy Policy
We reserve the right to make changes to this policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to visit this page frequently.
2. What does this privacy policy cover?
This Policy applies to our Website, and it governs any and all data collection and usage by us incompliance with applicable regulations. By using our Website, you consent to the data collection procedures expressed in this Policy.
We gather various types of information from our users, as explained in more detail below, and we use this information internally in connection with our Website, including to personalize, provide, and improve our Website, allow you to make purchases through the Website, communicate with you, and to analyze how you use the Website. In certain cases, we may also hare some information with third parties, but only as described below.
Please note that this Policy does not govern the collection and use of information by companies that we do not control nor by individuals not employed or managed by us. If you visit a Website made available via the Website or link, review its privacy policy before providing the Website with information. It is highly recommended that you review the privacy policies and statements of any website you choose to use or frequent to understand better how such websites garner, use, and share the information collected.
3. Information we collect
When you make use of our Website, we may collect and process certain personal information about you, which may include the following as described below:
A. Information you provide: "Personal information" When you use our Website and the services that we offer ,ArkConsult collects certain personal information about you, such as your name, email address, and phone number, as well as any other non-public information about you that is associated with or linked to any of the foregoing data which you may be required to provide when using the Website. We collect and use this data as necessary for ArkConsult business operations, such as onboarding you as a client, providing customer support, improving Website functionality, sending registration confirmations and payment receipts, and for internal analytics purposes. We may also collect business information, which will be used to provide some of the services that we offer to you.
"Anonymous/Aggregated information" means data that is not associated with or linked to your Personal information; Anonymous information does not, by itself, permit the identification of individual persons. We collect, use, and share Anonymous information, such as statistical or demographic data, for any purpose. Anonymous information may be derived from your personal information but is not considered personal information in law as such data does not directly or indirectly reveal your identity. For instance, we may aggregate or anonymize your usage data to calculate the percentage of users accessing a specific Website feature. However, suppose we combine or connect Aggregated information with your personal information so that it can directly or indirectly identify you; we will treat the combined data as personal information, which will be used in accordance with this Policy.
Please note that you can choose not to provide us with certain information, but this may limit the features of the Services you can use.
B. Automated information collection: We may collect certain information (which does not identify you as an individual) about your use of the Website through the use of tracking technologies or by other passive means and other relevant statistics, including the following
I. Cookies: When you access and/or make use of our Website, we send one or more cookies (small text files containing a string of characters) to your device that uniquely identifies your browser. We use cookies to improve the quality of the software and service by storing user preferences and tracking user trends. A pop-up requesting your consent may be displayed to you before Cookies are placed on your browser or device. By consenting to the placement of Cookies on your device, you enable us to offer you the best possible experience when you make use of our Website. You may refuse permission to the placement of Cookies if you so desire; however, certain aspects of our Website may not work properly or as intended. You can also adjust cookie settings in your browser, including blocking or deleting cookies. Settings vary by browser, so check your browser's help function to learn more. The type of cookies we use can generally be categorized under one of the four categories below. These are cookies required for our Website's operation and to provide you with the best browsing experience, and they fall into the following categories:
- Operational cookies (Also known as Necessary Cookies): These cookies are essential, as they enable you to move around the Website and use its features, such as keeping you locked in during your visit to the Website and accessing certain areas of the Website and the services that we make available to you. You can decline these cookies by changing your browser settings, but because they are strictly necessary for the operation of the Website, we cannot provide you with the website services without them.
- Performance cookies: We use performance cookies to assess how visitors interact with our Website, including page response times, download errors, length of visits, page interaction data, etc. This cookie helps us to improve the way our Website works, for example, by ensuring that users can find what they are looking for easily. The information we collect using these cookies does not gather information about your identity. All information collected using these cookies is anonymous and is only used to improve how the Website works.
- Functional cookies: We use functional cookies to remember your preferences, such as language selection, so we can enhance and customize your experience.
- Advertising cookies: We use advertising cookies to deliver relevant ads to you more effectively, improve campaign performance reports, and avoid showings you have already seen.
- Social media cookies: We use social media cookies to allow you to share or like content relevant to our Website directly on social media platforms.
- Analytics: We use web analytics services like Google Analytics to help understand the use of our Website, identify performance issues, and improve your experience.
- Third-party cookies: We partner with third parties who also set cookies when you visit our Website to allow them to deliver the services they are providing. For example, third-party analytics services that help us understand the use of our Website.
II. Links: The contents on the Website may include links in a format that enables us to keep track of whether IP addresses have followed these links. We use this information to improve the quality of our products and design.
III. Beacons: Beacons (also known as "pixel tags" or "clear GIFs") are 1×1 single-pixel graphics that allow us to count the number of users who have accessed the Website and to recognize users by accessing our cookies. We may employ beacons to facilitate website administration and navigation, track the actions of website users, compile aggregated statistics about website usage and response rates, and provide unenhanced online experience for visitors to the Website.
IV. Analytics services: We may use third-party analytics services ("Analytics Services"),such as Google Analytics, Facebook Pixel, and other third-party analytics services, to help monitor, visualize, integrate, and analyze how users make use of our Website. The information generated by the cookies or other technologies about your use of our Website (the "Analytics Information") may be transmitted to the third-party Analytics Services. The Analytics Services providers use such Analytics Information to compile reports on user activity. The Analytics Services providers may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service provider's ability to use and share Analytics Information is restricted by such Analytics Service provider's terms of use and privacy policy.
V. Payment transaction information: Through the use of third-party payment processors, certain financial information you used for payment transactions on our Website maybe collected. Payment amount, date and time of the transaction, payment instrument expiration date and billing postcode, user's address, and other details related to the transaction may be collected as well. When you complete a purchase on our Website, your payment information may be stored. Our payment processors ensure that your information is encrypted through the Payment Card Industry Data Security Standard(PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
4. What do we use your personal information for?
We use the information collected from you to provide, improve, and develop the services we provide to you, communicate with you, offer you a better service, and protect us and our users. When you interact with or use our Website, we use various technologies to collect information about you for various reasons.
- Provision of the ArkConsult services to you
- Recommendations and Personalization: Personalize your experience with our Website and recommend products, features, and services that we think might be of interest to you.
- For communication purposes: We may send emails, newsletters, updates, and related emails to the email address you provide to us and for informational and operational purposes, such as customer service, system maintenance, and other service-related purposes. We use personal information that we gather from you to communicate with you in relation to your use of our Website and services.
- Fraud detection and prevention: Increase and maintain the safety and security o four Website and services and prevent misuse. We use personal information to detect and prevent fraud and abuse to protect the security and ensure the safety of our users, ArkConsult, and others. We also use collected information to protect against, identify, and prevent fraud and other criminal activity, claims, and other liabilities.
- Provide, troubleshoot, and improve our Website and Services: We use your personal information to understand, diagnose, troubleshoot, and fix issues with our Website. We also use such information to operate, evaluate, develop, manage, and improve our Website (including operating, administering, analyzing, and improving our products and services; developing new offerings and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing reconciliation and collection activities and other internal functions;
- To evaluate and develop new features, technologies, and improvements to our Website.
- Comply with and enforce applicable legal requirements: In certain cases, we collect your personal information to stay in compliance with laws and relevant industry standards and policies, including this Privacy Notice and our Terms and Conditions.
5. Personal Information that we share
Except as described below, we do not sell, rent, trade, or otherwise share personal information collected through the Website:
- Service providers: We work with third-party service providers to make certain services available to you for use on or through our Website or employ other companies and individuals to perform certain functions on our behalf. Such services may include new feature development and enhancement, customer service, marketing, and website usage analytics. We may share personal information or any information collected through the Website with these third parties for the purpose of enabling them to provide these services.
- Subsidiaries and affiliates: We may share personal information or any information collected through your use of the Website with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
- Analytics Partners: When you provide your personal information to us, we may make certain personal information available to certain third parties for analytics purposes, including but not limited to leveraging third-party tools and services to host, track, integrate, manage user's interests, usage pattern, and/or functionality available throughout Website. We will only share your personal information with analytics partners to improve our service and/or to deliver the ArkConsult services to you. We do not in anyway sell your personal information to advertisers.
- Merger and acquisition: We may disclose or transfer personal information or any information collected through your usage of our Website to third parties who acquire Allor a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
- Compliance with laws: We may disclose personal information or any information collected through your usage of our Website if we are required to do so by law or pursuant to legal process, in response to a request from government officials, law enforcement authorities, or a valid subpoena, or as necessary or appropriate in connection with an investigation of illegal activity, including without limitation to prevent, investigate, detector prosecute any criminal offense or attack.
- Consent: We may share personal information in accordance with any consent you provide.
- Aggregate Information: We share aggregate statistical data for the improvement of our Website. We may also share aggregated or de-identified information with third parties a tour discretion.
6. Data retention and deletion
We keep your personal information only as long as necessary to provide you with our Website and for legitimate and essential business purposes, such as maintaining the performance of our Website, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal information for as long as you are a user of our Website.
If you request, we will delete or anonymize your personal information so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal information, including situations such as the following:
- If there is an unresolved issue relating to your use of the service, such as an unresolved claim or dispute, we will retain the necessary personal information until the issue is resolved;
- Where we need to retain the personal information for our legal, tax, audit, and accounting obligations, we will retain the necessary personal information for the period required by applicable law; and/or,
- Where necessary for our legitimate business interests, such as fraud prevention or maintaining the security of our users.
7. Your rights
General Data Protection Regulations grant you certain rights (' information rights') which provide you with:
- Right of rectification or erasure - if you feel that any data that we hold about you is inaccurate, you have the right to ask us to correct or rectify it. You also have a right to ask us to erase information about you where you can demonstrate that the data we hold is no longer needed by us if you withdraw the consent upon which our processing is based or if you feel that we are unlawfully processing your data. Your right of rectification and erasure extends to anyone we have disclosed your personal information to, and we will/shall take all reasonable steps to inform those with whom we have shared your data about your request for erasure. Note that we may have a legal obligation to retain some or even all personal information about you under relevant laws. We may also have the legal right to retain the information you have requested to be erased.
- Right to restriction of processing - you have a right to request that we refrain from processing your data where you contest its accuracy, or the processing is unlawful and you have opposed its erasure, or where we don't need to hold your data anymore but you need us to in order to establish, exercise or defend any legal claims, or we are in dispute about the legality of our processing your personal information.
- Right to object - you have a right to object to our processing of your personal information where the basis of the processing is our legitimate interests, including but not limited to direct marketing and profiling.
- Right to withdraw consent - you have the right to withdraw your consent for the processing of your personal information where the processing is based on consent. To withdraw consent, please specify what you wish to withdraw consent for, by emailing us at info@arkconsult.com.
- Right of complaint - if you are unhappy with the way we have used or are handling our personal information you have the right to lodge a complaint with the supervisory authority for data protection issues. We would, however, appreciate the chance to address your concerns before you approach the Supervisory Authority. So, please contact us by email a info@arkconsult.com
8. Keeping your data safe
As a matter of policy, we are committed to protecting your data, and as such, ArkConsult takes precautions to protect your information. We adopt commercially reasonable measures to secure Personal Information by using physical and electronic measures designed to ensure the integrity and security of the Personal Information we hold. When you submit sensitive information via the Website, your information is protected. Any payment transactions will be encrypted using SSLtechnology.
However, please note that no method of transmission over the internet or electronic storage method is 100% secure. Although we will do our best to protect the personal information weather about you, the transmission of information via the internet is not completely secure.
9. Additional privacy rights for California residents
If you are a resident of California, this section provides additional information about specific rights regarding your personal information.
Personal Information we collect
The following is a list of personal information that we collect or have collected from California residents over the past twelve months. We will update this disclosure from time to time as appropriate.
- Unique identifiers such as your first name, last name, or similar identifier, address, or IP address;
- Internet or other electronic network activity information, including content interaction information, such as content downloads, search history, transaction, and interaction data on your use of our Service and from links in our emails sent to you;
- geolocation data, such as the location of your device or computer;
- inference data, such as information about your purchase preferences, feedback, and survey responses;
- Other information that identifies or can be reasonably associated with you (e.g., the information you voluntarily provide as you use the ArkConsult services, such as additional profile information or user-generated content).
How we collect personal information
We obtain the categories of personal information listed above from the following sources:
- Directly from our Website users when they provide the information to us.
- Indirectly from you as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third-party service providers.
Categories of personal information disclosed for our business purpose
The personal information that we disclosed about consumers for a business purpose over the past (12) twelve months falls into the following categories as established by the California Consumer Privacy Act:
- Identifiers such as your name, email address, billing address, or IP address;
- Personal information, such as a credit card number, for example, if we use a third-party payment processor;
- Your age range, gender, or other protected classifications, for example, if you choose to participate in a survey distributed by us or fill the User Content form;
- Geolocation data from your IP address.
Access request rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. But only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. Agents must submit proof that the consumer has authorized them to action their behalf. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. If you wish to do any of these things, please contact us. Once we receive and verify your request, we will disclose it to you. You may make up to two (2) requests, no more than twice in a twelve-month period for information as to:
- The categories of personal information we collected about you or shared with our service providers for business purposes.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting that personal information.
- The specific pieces of personal information we collected about you.
Right to deletion of personal information
Under the California Consumer Privacy Act, you have the right to request the deletion of your personal information. If you wish to do this, please contact us. Depending on your data choices and subject to applicable regulations, certain services may be limited or unavailable.
We may, however, deny your deletion request if retaining the information is necessary for us or our service providers(s) to:
- Complete the purpose for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract withy you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Exercise free speech; ensure another consumer's right to exercise their free speech rights or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq. or other legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it
No discrimination
You have the right not to receive discriminatory treatment for the exercise of your rights under the CCPA, and we will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
10. Children under the age of 13/Age restriction
Our Website and services are not directed to, and we do not knowingly collect personally identifiable information from, children under the age of thirteen (13). As a parent or guardian, if it is determined that such information has been inadvertently collected about anyone under the age of thirteen (13), please email us at info@arkconsult.com or contact us via our "contact us" form on the Website, and we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Also, for users between the ages of thirteen(13) and eighteen (18), you must have your parent's or legal guardian's permission to use our Website and our services.
11. Unsubscribe or opt-out
Marketing emails: If you have subscribed to our email and electronic newsletter communications, you will always have the opportunity to unsubscribe from future communications. You will also have the opportunity to "opt-out" of commercial email from the applicable service by following the unsubscribe instructions provided in the email you receive or by contacting us directly. We will continue to adhere to this Policy with respect to any personal information previously collected.
Interest-based advertising: We may also make use of the information we gather about you to provide you with advertisements and offers that are more relevant to your interest. These advertisements may be based on the information we collect through cookies and other tracking technologies we use on our Website, emails, and other third-party Websites you visit.
Do not track: We respect your privacy choices. However, as there is no universally accepted industry standard for responding to 'Do Not Track' signals, we do not currently modify our data collection and usage practices when we receive such signals from your browser.
12. Links to other websites
ArkConsult does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other third-party websites or resources. Therefore, we encourage all users and visitors to be aware when they leave our Website and to read the privacy statements of every Website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected on our Website.
13. Acceptance of Terms
By using this Website, you accept the terms and conditions stipulated in the Privacy Policy Agreement. If you do not agree with our terms and conditions, you should refrain from further use of our Website. In addition, your continued use of our Website following the posting of any updates or changes to our Terms shall mean that you agree and accept such changes.
14. How to contact us
Feedback, comments, requests for technical support, and other communications relating to the Website and the services should be directed to us at info@arkconsult.com.
These Terms and Conditions ("Terms") contain the terms and conditions under which you may make use of the ArkConsult Website at https://www.arkconsult.com/ (the "Website") and /or the services that we make available to you. These terms constitute a legal agreement between you("you," "your" or "user") and ArkConsult, LLC, which operates the ArkConsult Website,(hereinafter referred to as "ArkConsult," "we" or "us"), and they govern your access and use of the Website, content, products, and services made available to you
These Terms, together with the privacy policy available at ("Privacy Policy"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement."
Certain services we provide to you may be subject to additional terms, and such additional terms will be presented to you when you use such services. If the terms and conditions in this Agreement are inconsistent with the additional terms, the provisions of the additional terms shall prevail and control with respect to such additional service and your use thereof. The additional terms, upon acceptance, are incorporated into this Agreement.
Please read these Terms and any additional terms applicable to your use of the Website and some of our services before using it. By accessing or using the Website, you confirm your agreement thobe bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Website and the services that we available to you via the Website.
1. Changes to Terms
We may modify these Terms at any time, at our sole discretion, as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Website or through other communications, such as your email address. You should review the Terms whenever we modify them because if you continue to use the Website after we have posted modified Terms on the Website, you are indicating to us that you agree to be bound by the modified Terms.
The contents of this Website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described here in at any time without prior notice to you. We shall have the right to revise and edit these content sat any time. By linking, accessing, browsing, and/or using this Website, you agree to be bound by any such revisions.
If you do not agree to be bound by the modified Terms, then you may not use the Website anymore. Because our services are evolving over time, we may change or discontinue all or any part of the Website at any time and without notice, at our sole discretion.
2. Intellectual property rights, license, and restrictions
Intellectual property rights and copyright: This Website and its services, controlled and operated by ArkConsult, contain materials such as software, images, text, and logos, all owned by ArkConsult or licensed to us. Unauthorized use is strictly prohibited and may violate copyright and trademark laws. These terms do not grant any intellectual property licenses unless explicitly stated. ArkConsult reserves the right to revoke the license at any time.
Trademarks: The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website, are registered and unregistered Trademarks of ArkConsult and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of ArkConsult or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Agreement, is strictly prohibited.
License grant: By accepting these Terms, you are granted a limited, revocable, non-exclusive, nontransferable license to access and use our website and its services. Any rights not explicitly granted herein are reserved by us. You may not: (i) remove any copyright, trademark, or other proprietary notices from any part of the website; (ii) reproduce, modify, distribute, sell, or exploiter website in any way not expressly permitted by us; (iii) attempt to decompile or reverse engineer the website except where permitted by law; (iv) link to, mirror, or frame any part of the Website; or (v) engage in any activities intended to extract data from the Website or disrupt disoperation.
Portfolio: Some content on this Website includes past work performed by ArkConsult on behalf of other companies or clients. Display of any third-party names, logos, products, services, or other materials does not imply endorsement, affiliation, or sponsorship by those third parties. ArkConsult is not sponsored by or affiliated in any way with those third parties, and the posted content is used purely as an example of previous work experience for portfolio purposes similar to a resume. All ownership rights to the original content, trademarks, copyrights, patents, and any other forms of intellectual property remain with their respective owners. ArkConsult has no rights or claims to the third-party content shown. Every effort will be made to properly indicate the ownership status of past work examples displayed. If any content needs additional attribution or links to original sources, contact ArkConsult via email to request removal or amendments
3. Service description and packages
Description of services: ArkConsult offers comprehensive services in preparing professionally crafted pitch decks, business plans, executive summaries, and financial analyses tailored to the unique needs of our clients.
Service packages: As described on our service page, we provide various service packages to accommodate the diverse needs of our clients. Each package is designed to offer a specific set of services tailored to different business goals and budgets. Clients have the option to choose from different service packages on the Website or request customized solutions to meet their specific requirements.
Subscription packages: Some of our service packages may be offered on a subscription basis, allowing clients to access ongoing services and support. Subscription plans offer and descriptions will be found on the service package description. The subscription fee will be billed at the time you purchase the subscription package and on an ongoing, regular basis unless you cancel your subscription.
4. Pricing, payment, renewal, cancellation and refund
Pricing: Our pricing is transparent and competitive, reflecting the value and quality of the services we provide. We strive to ensure that our pricing structure is clear and accessible to our clients, enabling them to make informed decisions about their investment in our services. Kindly
Payment and tax: The total cost of your package purchase shall be displayed to you on the checkout page. You understand that we must receive payment in advance before processing your service. We accept various payment methods to accommodate our clients' preferences, including credit/debit cards, PayPal, and online payment methods made available to you at the checkout page. Please note that all prices listed for our service packages are exclusive of applicable taxes. Any applicable taxes will be calculated and added to your total cost during the checkout process. Payment details are securely processed to protect the privacy and security of our clients' financial information.
Subscription renewal: For subscription-based service packages, renewal occurs automatically at the end of the subscription period unless the client chooses to cancel or modify their subscription. Renewal terms and pricing may vary depending on the selected package and any promotional offers available at the time of renewal.
Cancellation and refund: You can cancel your monthly subscription or auto-renewals at any timely emailing us. Please note that you must cancel your monthly membership subscription plan before it renews for a subsequent term in order to avoid being charged for the next term's subscription fee. If you cancel your monthly subscription plan, the cancellation will become effective at the end of the then-current term. However, no refunds will be issued for subscription cancellations. If you cancel your subscription during a billing period, you will not receive a refund for fees already paid. However, you will retain access to the service until the end of the current billing cycle. We do not offer refunds or prorated billing for mid-term cancellations.
We generally do not offer refunds, except when services are not delivered as agreed, as we recommitted to meeting our clients' expectations. If you are unsatisfied with our services for any reason other than non-delivery, please contact us. Depending on the circumstances, you may be eligible for a refund or credit at our discretion. Refund requests must be made within 14 days after the final submission of the agreed service and are subject to verification by our team. Refunds will be issued via the original payment method whenever possible, with processing time varying depending on your financial institution.
5. User representation and acceptable use
You hereby represent, warrant, and agree that no materials of any kind or otherwise posted or shared by you through the Website will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
You agree to use our Website and services responsibly and legally. You represent that you have the right to share any content you submit.
Acceptable use: Do not share material that is illegal, harassing, threatening, invasive of privacy, hateful, racially objectionable, etc. Do not interfere with other users' enjoyment of our Website. Do not attempt to gain unauthorized access to accounts or data.
Prohibited activities: You may not scrape, copy, distribute copyrighted content, spam, hack, reverse engineer, or exploit our Website. Do not conceal your identity or impersonate others.
Purpose limitation: Only use our Website and services for their intended purposes as describe din our Terms of Service. Do not use it for fraudulent, illegal, or harmful purposes.
Security: Do not probe, test vulnerabilities, breach security, or disrupt our services. Do not attempt to obtain other users' account information.
We aim to provide a safe, quality user experience. However, we cannot guarantee the Website will be error-free or that problems will not occur. We are not liable for damages from service interruptions. You shall not use our Website for any other purpose than NSGB's intended purposes described herein.
6. Feedback, your content, and submissions
From time to time, we may permit you to submit, upload, publish, or otherwise make available textual and/or visual content and information, including reviews and testimonials, on the Website. However, only users who have been verified as purchasers of our service may be permitted to leave reviews or testimonials on the Website. If you submit any reviews, comments, photos, or other content (collectively, "User Content") to our Website, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such User Content (except any personal identification information) throughout the world in any media.
You represent and warrant you have all rights necessary to grant us this license for any User Content you submit and that such User Content complies with our policies and applicable laws. You agree to pay for all royalties, fees, damages, and any other costs associated with your User Content.
In order to protect the integrity of the ArkConsult Website and services and protect our users from abuse, we have the right (but no obligation) to monitor, refuse to post, remove, or edit any User Content. However, we take no responsibility for User Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website provided by you to ArkConsult are non-confidential, and ArkConsult can unrestrictedly use and disseminate them for any purpose, commercial or other, without acknowledgment or compensation to you.
7. Consent to electronic communication and disclosures
To the fullest extent permitted by law, these Terms and any other agreements, notices, or other communications from ArkConsult to you regarding our services being offered("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the ArkConsult website and/or delivered to your phone number, WhatsApp, or email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes at any telephone number, physical or electronic address you provide, or any other place where you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) or WhatsApp messages, and calls and messages delivered using an auto telephone dialing system or anastomotic texting system.
8. Copyright Infringement and notification ("DMCA Notice")
ArkConsult respects the copyrights and intellectual property rights of others and asks users of our Website to do the same. Our Website may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations.
We have established procedures for enforcing this. If you believe that any content on our Website infringes upon your copyright, please notify us immediately by emailing info@arkconsult.com. Your notice must include the following information in order to be valid:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the infringing material and its location on our Website.
- Sufficient information to enable us to contact you, such as your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner.
Upon receipt of a valid infringement notice, we will promptly investigate the alleged infringement and take appropriate action, which may include removing or disabling access to the infringing material. Users who repeatedly infringe upon copyright will have their accounts terminated. Please note that (i) any person who knowingly misrepresents to ArkConsult that material is infringing shall be liable to ArkConsult and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by ArkConsult and/or the alleged infringer as a result of Ark Consult's reliance on such misrepresentation and removing or disabling access touch material. (ii) Similarly, any person who knowingly misrepresents to ArkConsult that the material was removed or access blocked by mistake or misidentification shall be liable to ArkConsult and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by ArkConsult and/or the copyright owner or its authorized licensee as a result of Ark Consult's relying on such misrepresentation and replacing such removed or blocked material.
9. Third-party links, sites, and resources
Some links on the Website may allow you to leave the Website. The linked sites and resources aren't in any way under the control of ArkConsult, and we are not responsible for the contents of any of such linked sites, any link contained in a linked site, or any changes or updates to such sites.
ArkConsult is not responsible for any form of transmission sent or received from any linked site or resources. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement of the site by us. Your use of any linked site or resources is at your own risk and is subject to the terms of use and privacy policies located on such site.
You understand that any content or information made available or expressed by a third party on the ArkConsult Website is that of the respective owner(s) and not ArkConsult. ArkConsult neither approves nor is responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.
10. Privacy policy
When accessing and/or using the Website and the services we offer, we may obtain certain information about you, or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.
11. Disclaimer of Warranties
YOUR USE OF THE ARKCONSULT WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE ANDALL CONTENT, CLASSES, EVENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "ASAVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ARKCONSULTEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT
ARKCONSULT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED, AS TO THE OPERATION OF THE WEBSITE OR SERVICES, CLASS AVAILABILITY, EVENTDETAILS AND DATES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICESINCLUDED ON THE WEBSITE.
12. Limitation of Liability
To the maximum extent permitted by law, in no event shall ArkConsult, its affiliates, agents, instructors, vendors, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary damages or any loss of profits, revenue, data or opportunity arising out of the use or inability to use the Website or services that we offer. This limitation applies even if ArkConsult has been advised of the possibility of such damages, regardless of the theory or basis of liability, whether in contract, tort, strict liability, or otherwise.
In no event will Ark Consult's total liability arising out of or in connection with these terms or from the use of or inability to use the Website exceed the lesser of the total amounts you have paid to ArkConsult during the six months immediately preceding the event(s) giving rise to such liability or fifty dollars ($50), if you have not had any payment obligations to ArkConsult, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between ArkConsult and you.
You agree that if you are dissatisfied with any portion of the Website, the services we offer, or with these terms, you should discontinue using the Website and the services we offer.
13. Indemnification
You agree that as a condition of use of the Website, you will indemnify, defend, and hold harmless ArkConsult, its officers, directors, employees, agents, licensors, and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your use of the Website or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your use of the Website and our services (including negligent or wrongful conduct)
14. Term; termination
We may terminate your access to all or any part of the Website at any time, with or without cause, effective upon notice thereof to you (provided that, if we determine there may be an immediate threat to us, we may terminate such access without notice). You may also terminate your use of the Website and cancel your access to our services at any time.
Upon termination notice from us, the user will no longer access (or attempt to access) the Website. However, all provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, payments, Intellectual property, copyrights, trademarks, disclaimers, and limitations of liability.
15. Governing law
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
16. Dispute resolution; arbitration
To expedite dispute resolution and control the cost of any dispute, controversy, or claim related to this Agreement (or the breach, termination, enforcement, interpretation, or validity thereof)("Dispute"), you, as a user of Ark Consult's Website agree to first attempt to negotiate any dispute(except those Disputes expressly provided below) informally with ArkConsult for at least thirty(30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one party to the other. We are available by email at info@arkconsult.com to address any concerns or questions that you may have regarding your use of Ark Consult's Website.
In the event that a dispute is not settled through the informal negotiation, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its comprehensive arbitration rules and procedures by a sole arbitrator. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Judgment on the arbitration award may be entered in any court having competent jurisdiction. Unless otherwise expressly required by applicable law, each party shall bear its own legal cost and expert fees incurred in the arbitration, irrespective of the outcome.
Notwithstanding the above, we reserve the right to pursue injunction proceedings before any court of competent jurisdiction to protect or enforce our intellectual property rights arising from these Terms.
You and ArkConsult agree, to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, suppose the parties 'dispute is resolved through arbitration; the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
17. General Terms
Waiver: No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that we will pursue legal actions against all breaches of this Agreement.
Severability: If any term of these Terms is determined as invalid or unenforceable by a court of law, such term shall be deemed severable without affecting the validity of the remaining term.
Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorized assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.
Force majeure: Notwithstanding the other provisions of this Agreement, if ArkConsult is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), terrorism, explosions, pandemics, and acts of God like an earthquake, flood, hurricanes, tornadoes, and other natural calamities, ArkConsult will rebelieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.
Entire Agreement: These Terms comprise the entire agreement between you and us relating to your access to and use of the Website, Website Content, and any product or service you have purchased on the Website and supersede any and all prior discussions, agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
18. Questions or complaints?
Feedback, comments, requests for technical support, and other communications relating to the Website and services should be directed to us. Please contact us at info@arkconsult.com.
