Terms and Conditions
These Terms and Conditions apply to our websites, microsites, and mobile versions of these websites (collectively, the “Website”) that expressly adopt and display or link to these Terms and Conditions, as may be revised from time to time, and that are owned, operated or controlled by Darken Products, LTD, an Ohio limited liability company, its parents, affiliates, and subsidiaries (collectively, the “Company”).
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU (the “User”) AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE, OR USE THE WEBSITE.
Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licencors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.
Use of Website Content: The Website, including all Website Content, is provided solely for personal, non-commercial use. No material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. Subject to these Terms and Conditions, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content as specified herein. This limited license may be revoked at any time for any reason or no reason. All rights not expressly granted are reserved by the Company and its licencors.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by the Company and its licencors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms and Conditions or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or the applicable rights holder.
Links: The Website may include links to third party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and THE COMPANY will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.
Online Commerce: The Website may allow Users purchase products and/or services online. Where a User makes such a purchase via the Website, all information obtained by the Company from the User in the course of such purchase, including User Information, may be collected by both the Company, as well as our third party vendors, such as payment processing companies, responsible for facilitating your purchase. These third party vendors may have privacy and data collection practices that are different from those utilized by the Company. The Company has no responsibility or liability for the independent policies of these third party vendors. In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of these third party vendors. The User hereby releases the Company and its third party vendors from any damages incurred by the User. Moreover, the User agrees not to assert against the Company or its third party vendors any claims arising from the User’s purchase via the Website. The Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer, and to do so for any reason. The inclusion of any products and/or services on this Website does not imply or warrant that these products and/or services will be available at any particular time. WITH RESPECT TO PRODUCTS AND SERVICES IDENTIFIED ON THIS WEBSITE, THE COMPANY’S EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT OR SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Subject to our Return and Refund Policy located INSERT LINK HERE and which is incorporated herein by reference, you may return products and/or services that you have purchased from us.
User Content: The Website may allow the User to upload photographs, reviews, videos or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Company platforms. The User shall retain ownership of all User Content and hereby grants to the Company a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Company platforms and for the Company’s business purposes. The User also grants to the other users of the Website and related Company platforms a non-exclusive license to access the User Content via the Website and related Company platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms and Conditions. The User grants the Company the right to identify the User as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and the User acknowledges that the Company has the right, but is not obligated, to use any such User Content and that the Company may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant the Company the license to use such content or materials as described herein. The User acknowledges that the Company has no obligation to monitor or screen User Content submitted to the Website, but that the Company shall have the right (but not the obligation) to reject, remove or delete any User Content for any or no reason.
Third Party Content: The User understands and agrees that the Company does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will the Company be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
Information Disclaimer: The Company attempts to be as accurate as possible regarding product and/or service descriptions, pricing and availability on the Website. However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that product and/or service descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product and/or service descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of products and/or services without notice. The Company has made every effort to display as accurately as possible its products and/or services that appear on the Website; however, the actual image of any such product and/or service that you will see will depend on many factors, including your computer and resolution, and we cannot guarantee that your computer will accurately display our images.
Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms and Conditions and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 13. The Company provides the Website for use in the United States of America. The Company does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
Disclaimer: COMPANY AND ITS LICENCORS do not warrant or guarantee the accuracy, RELIABILITY or completeness of the Website Content or represent that the Website or the Website Content is error-free or capable of operating on an uninterrupted basis. THE WEBSITE IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: use of the Website is at THE USER’S own risk. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, Company and its licencors shall NOT be LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (i) use or misuse of the WEBSITE OR the WEBSITE Content; (ii) inability to access or use the WEBSITE or the WEBSITE Content; (iii) any loss or corruption of data or information submitted VIA the WEBSITE; (iv) any communications or services provided by, or requested from, COMPANY via the Website; or (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.
Indemnity: Upon request by the Company, the User agrees to indemnify, defend and hold harmless the Company and its employees, contractors, officers, directors, and licencors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; (ii) the User’s violation of these Terms and Conditions; (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. The Company reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Company in asserting any available defenses.
Changes to Website: At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Changes to Terms; Updates: The Company reserves the right to change these Terms and Conditions at any time, and in its sole discretion, by changing these Terms and Conditions within the Website. The User’s continued use of the Website after any such changes to these Terms and Conditions are made available through the Website will constitute the User’s acceptance of those changes. These Terms and Conditions shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
Governing Law: These Terms and Conditions are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Medina County, Ohio, USA for purposes of any legal action arising out of or related to these Terms and Conditions or use of the Website.
Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Medina County, Ohio, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitration involving our other Users, but is bound by rulings in prior arbitration involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Medina County, Ohio.
Digital Millennium Copyright Act: If you believe that materials available on the Website infringe your copyright, please let us know. You may file a notice in compliance with the Digital Millennium Copyright Act, 17 U.S.C. §512, by writing to us at the following address:
Darken Products, ATTN: DMCA Notice
8035 Norwalk Road #107
Litchfield, Ohio 44253
See 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed regarding material posted by you, you may file a counter-notification in compliance with 17 U.S.C. §512(g)(3) with our DMCA Agent listed above. If the Company receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, The Company has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Severability: If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Contact: Any questions, complaints, or claims regarding the Website may be to DarkenSupport@gmail.com
Effective as of February 14, 2019.