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Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: May 21th, 2018.

This Terms of Use Agreement sets forth the standards of use of the Clark Appliances Online Service. By using the Clark Appliances / http://clarkappliances.net website you (the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Clark Appliances / http://clarkappliances.net website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service

    Clark Appliances is providing Customer with product and order information. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees relate with such connection.

  2. Intended For Users that are Residents of North American and are Over 18

    Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.

  3. Not for use by Residents of the European Union

    We do not accept customers who are residents of the European Union. This website may not be used by any resident of the European Union.

  4. Disclaimer of Warranties.

    The site is provided by Clark Appliances on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Clark Appliances makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Clark Appliances shall have no liability for any interruptions in the use of this Website. Clark Appliances disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

  5. Limitation of Liability

    CLARK APPLIANCES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CLARK APPLIANCES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CLARK APPLIANCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  6. Indemnification

    Customer agrees to indemnify and hold Clark Appliances, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.

  7. Modifications and Interruption to Service

    Clark Appliances reserves the right to modify or discontinue the Service with or without notice to the Customer. Clark Appliances shall not be liable to Customer or any third party should Clark Appliances exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that Clark Appliances does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  8. Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties’ sites.

  9. Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Clark Appliances makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    Clark Appliances makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  10. Pricing and Specifications

    Errors in pricing and/or product specifications may occur. We reserve the right to correct any such errors, up to and including cancelling any orders placed at an incorrect price.

  11. Governing Jurisdiction of the Courts of Florida

    Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Florida.

  12. Compliance with Laws.

    Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  13. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005-2024 http://clarkappliances.net, with all rights reserved, or is the property of Clark Appliances and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Clark Appliances is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Clark Appliances.

    Clark Appliances™ and http://clarkappliances.net™ are proprietary marks of http://clarkappliances.net. Clark Appliances’s trademarks may not be used in connection with any product or service that is not provided by Clark Appliances, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Clark Appliances.

    All other trademarks displayed on Clark Appliances’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Clark Appliances.

  14. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, http://clarkappliances.net designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail
    Clark Appliances
    3670 US-1 South Suite 130
    Saint Augustine, Florida 32086

    By Telephone: 904-824-4316
    By Email: clarkapp@aug.com

  15. Botnets

    Clark Appliances retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Clark Appliances reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

  16. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Clark Appliances, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable] located here.

Welcome to our website! As we have the ability to list over one million items on our website (our selection changes all of the time), it is not feasible for a company our size to record and playback the descriptions on every item on our website. However, if you are an American with a disability we are here to help you. Please call our disability services phone line at 904-824-4316 during regular business hours and one of our kind and friendly personal shoppers will help you navigate through our website, help conduct advanced searches, help you choose the item you are looking for with the specifications you are seeking, read you the specifications of any item and consult with you about the products themselves. There is no charge for the help of this personal shopper for any American with a disability. Finally, your personal shopper will explain our Privacy Policy and Terms of Service, and help you place an order if you so desire.

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