PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. We feel it is important that you fully understand the terms and conditions under which we use the information we gather from you through the use of our Web site. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.arpanmart.com (the “Website”), Arpan Mart, LLC (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. ArpanMart reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. ArpanMart will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised.
The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. ArpanMart encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ArpanMart for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Sales Taxes
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Products
Terms of Offer. This Website offers for sale of certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms outlined in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct ArpanMart sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Arpan Mart and its designated in house or third party call team(s).
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARPAN MART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARPAN MART MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Website
Content; Intellectual Property; Third-Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. ARPAN MART does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that ARPAN MART does create the content on this Website, such content is protected by intellectual property laws concerning India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. ARPAN MART does not endorse the contents on any such third-party websites. ARPAN MART is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; ARPAN MART is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License; By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from ARPAN MART or the applicable third party (if third party content is at issue).
Posting; By posting, storing, or transmitting any content on the Website, you hereby grant ARPAN MART a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. ARPAN MART cannot control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. ARPAN MART is not liable for any damage or harm resulting from any posts by or interactions between users. ARPAN MART reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content ARPAN MART deems objectionable.
Limitation of Liability
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Credit Card
When making purchases with our web site the credit card you provide will be submitted for authorization and if approved charged by each individual florist either at the time the order is taken on the website or upon receipt of the encrypted order information. Processing of the foregoing credit cards follows credit card industry standards.
As always, consumers making purchases must have a valid credit card, be at least 18 years of age or older, and have a good credit standing.
Your Consent
By shopping at our website or opening an account with our web site, you consent to the use of your Personally Identifiable Information by us in the manner specified in this Policy. We, however, have the option to change, modify, or add to the terms and conditions of the Policy at any time. We will inform you of any changes by posting the revised Policy on our Sites. Any customer who does not agree to the revised Policy has the option to opt-out. The Policy will go into effect on the date posted. The new Policy will apply to all current and past users of our Sites and will replace any prior policies that are inconsistent.
For our Sites that accept international orders, if you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using our sites or providing us with your information, you hereby consent to this transfer. In addition, if you provide data about other individuals (such as gift recipients), you agree that you have obtained consent from each such individual to the submission and processing of such information to the terms of this Policy, including without limitation the transfer of such data to the United States. Although we will collect and use your information only as stated in this Policy, laws generally applicable to the protection of personal data in the United States may not be as stringent as those in some users home jurisdictions.
General
Force Majeure. ARPAN MART will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. ARPAN MART may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and ARPAN MART and supersedes any prior agreements about the subject matter contained herein.
Effect of Waiver. The failure of ARPAN MART to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Cary, NC. This Agreement will be governed by the laws of the State of North Carolina without regard to its conflict of law principles to the contrary. Neither you nor ARPAN MART will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or because of this Agreement, other than in courts located in the State of North Carolina. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or because of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. ARPAN MART reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and ARPAN MART may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, ARPAN MART reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until ARPAN MART chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. ARPAN MART makes no representation that the Website or Products are appropriate or available for use in locations outside USA. Users who access the Website from outside USA do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. RPAN MART may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
