Terms & Conditions
Welcome to the Larken, LLC (“Larken”) website (“Site”). These Terms of Service (“Terms”) govern your use of the Site and our online store accessible via the Site. Throughout the site, the terms “we,” “us” and “our” refer to Larken. The Site and our services are collectively called the “Services.”
Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you don’t agree to these Terms, do not use the Services.
- Eligibility - You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under the applicable law. By using the Services, you represent and warrant that you are 18 years or older.
- Advice - The contents of the Site do not constitute advice and should not be relied upon in making or refraining from making, any decision.
- Change to Terms, Services or Price - We reserve the right to: 3.1 change or discontinue (temporarily or permanently) the Site or Services or any part of it without notice, and you confirm that we shall not be liable to you for any such change or removal; and 3.2 change these Terms at any time, and your continued use of the Site following any changes shall be deemed to be your acceptance of such change. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Services.
- Products or Services - Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Larken. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Links to Third Party Websites - The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Larken is not responsible or liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- User Comments, Feedback and Other Submissions - If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online by email, postal mail or otherwise (collectively, the “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 6.1 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 6.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Content and Content Rights - For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services,
- Content Ownership - Larken and/or its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. Larken, LLC and all related names, logos, product and service names, designs and slogans are trademarks of Larken and/or its licensors. 9.1 In accessing the Site you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the intellectual property holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only.
- Disclaimers and Limitation of Liability - The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Larken will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site.
Larken makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms shall be construed so as to exclude or limit the liability of Larken for death or personal injury as a result of the negligence of Larken or that of its employees or agents.
- Indemnity - You agree to indemnify and hold Larken and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Larken arising out of any breach by you of these Terms or other liabilities arising out of your use of this Site.
- Severance - If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
- Governing Law - These Terms shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
This document was last updated on January 7, 2019