THIS TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL. PLEASE CAREFULLY REVIEW THIS AGREEMENT AND CONSULT WITH COUNSEL BEFORE AGREEING.
Effective Date: June 16, 2017
We Are Arthur, Inc. d/b/a Arthur (hereinafter “Arthur,” “we” or “us”) provides this website, our computing applications and the data, information, tools, updates and similar materials delivered or provided by us, as well as the delivery service provided by us (collectively, the “Service”), as well as products delivered by us to you (the “Products”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use and access the Service only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
While we make reasonable efforts to ensure that the Service remains available at times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
You must be at least eighteen (18) years old to use the Service. By using the Service, you represent that you meet this minimum age requirement.
The Service acts as your personal shopper online, finding and presenting products to you for your consideration and possible purchase from third-party stores and outlets (“Stores”).
When using the Service, you shall and hereby do appoint us as your purchasing agent, with authority to purchase products for you that you authorize and to enter into any purchasing agreements or terms of sale on your behalf with the Stores from which we purchase products as your agent. We will pass on to you any warranty applicable to products we purchase on your behalf from Stores, but the availability and type of warranty may vary.
We may have relationships with the Stores and other third-parties to whom we refer traffic or from whom we purchase Products on your behalf, and they may pay us a marketing or referral fee, or provide other consideration in exchange for our referrals or as part of our relationship.
All terms of sale, shipping and return policies shall be those of the Stores from which we purchase products as your agent. Any tax that we are charged as a result of your purchases will be passed on to you. Products that we purchase on your behalf will be shipped directly to you at the address of your selection.
Title and risk of loss for any purchases pass to you upon our delivery to the carrier.
We recommend that all items be secured immediately upon delivery. If shipped to an address (other than a P.O. Box) you are responsible for arranging for an individual to be present at the time of delivery and for the products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. We are not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. We are not responsible should you enter any incorrect or inaccurate destination data in your order. If no one is present at the designated location, your shipment may be placed at the designated destination at the discretion of the carrier.
If you would like to return a product and returns are acceptable under the applicable Store’s policy, please contact your designated Arthur customer service representative to arrange for a return. We will discuss the applicable return with you, send you return material or labels where applicable, and otherwise provide instructions at that time.
Please understand that the return policies of the Stores may change from time to time, and returns and/or refunds may not always be possible. If a return is accepted, we will pass the refund amount to you after we receive it from the applicable Store. You understand and agree that we are not liable for any refusal of a Store to issue a refund or accept a return.
We may decline to make a purchase on your behalf, for any reason or no reason, and subject to a refund, may cancel an accepted order at any time.
We reserve the right to charge for certain tools, services, functionalities or features of, or access to, the Services (“Pay Services”). Should you elect to participate in Pay Services, you shall pay all applicable fees, as described on the Services in connection with those Pay Services.
Certain Pay Services may involve ongoing, self-renewing subscriptions to access certain areas and functionality of the Service (the “Subscriptions”). If you sign-up for a subscription, you will be granted access to the subscribed-to services for the length of time identified when you sign-up. You will be charged in the amounts and at the times identified in the Subscription you select.
Unless you cancel before renewal, except where prohibited by law, Subscriptions automatically renew for an additional term of the same length upon expiration. You may cancel your subscription at any time, but you will not be entitled to a refund for any past payments or future payments due during the remainder of your cancelled term. If you cancel before the end of your Subscription, you will be charged the entire remaining Subscription fees at that time. To cancel your Subscription, please e-mail us at email@example.com.
For any subscription products, you agree that your receipt of the service is not a service, repair or maintenance to real or personal property.
We may change our price list or institute new charges at any time, and may modify the functionality available on the Service, including the functionality available in Subscriptions.
We may use a third-party payment processor (the “Payment Processor”) to bill you through an online account for use of the Pay Services and for other payments processed through the Service, such as purchases we make for you as your agent. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If you purchase a Subscription, it will result in recurring charges to your payment card or method, and you agree that we may charge such amounts until such a time as your Subscription is terminated or expires, inclusive of renewal terms. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT OR CHARGES YOU HAVE AGREED TO INCUR IN THE FUTURE.
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You agree that you are responsible for all of the conduct engaged in through your account, and all charges instructed by your account, whether or not you performed or authorized them.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
You are under no obligation to submit any suggestions, information, ideas, comments, promotions, documents, questions, notes, plans, drawings, proposals, text or similar materials (“Materials”) to us.
However, by submitting any Materials to us you hereby agree, warrant and represent that: (a) the Materials do not contain proprietary or confidential information, and the provision of the Materials to us is not a violation of any third-party’s rights; (b) all Materials are accurate and true, and are not fraudulent or misleading, (c) we are not under any confidentiality obligation relating to the Materials; (d) we shall be entitled to use or disclose the Materials in any way; and (e) you are not entitled to compensation or attribution from us connection with any of our use of the Materials.
You acknowledge that we are under no obligation to maintain the Service, or any information or Materials. We reserve the right to withhold, remove and or discard any Materials at any time.
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Your representations, and all grants of any rights from you to us related to Materials, shall survive any termination of this Agreement.
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICES. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts you paid to us for the Service, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 4 E 72nd St New York, NY 10021
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in New York, New York. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that us may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute with us arising out of or relating to the Services or Products, or to us, may only be brought by you in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.