Last updated : September 26, 2025
AGREEMENT TO OUR TERMS OF USE
Arkovo, LLC d/b/a Arkovo ("Arkovo," “we,” “us,” or “our”) is a lead generation and dispatch service that connects homeowners (“Service Requestors”) with professional home service contractors (“Service Providers”) who provide various home-related professional services (the “Professional Services”) (Service Requestors and Service Providers are collectively referred to herein as “Users,” “you,” or “your”). We operate the website arkovo.com (the “Site”), as well as any other related services that refer or link to these legal terms (the “Terms of Use”) (collectively, the “Platform”).
As a User of the Platform, the following Terms of Use outline your obligations and govern your access to, use of, and participation in the Platform made available by Arkovo or any of its subsidiaries. Unless otherwise specified herein, these Terms of Use apply equally to both Service Requestors and Service Providers. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Arkovo. You agree that by accessing the Platform, you have read, understood, and agree to be bound by these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE PLATFORM, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING AND USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or other documents that may be posted on the Platform from time to time, including our Privacy Policy, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.
The Platform is intended for Users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Platform. All Service Requestors must be legal residents of the jurisdiction(s) in which they reside, and all Service Providers must be legally authorized to work in the jurisdiction(s) where they offer and provide services.
TABLE OF CONTENTS
1. OUR PLATFORM
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION]
5. PLATFORM REPRESENTATIONS AND WARRANTIES
6. TERMS FOR SERVICE PROVIDERS
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. GUIDELINES FOR REVIEWS
11. SOFTWARE
12. TRACKING COMMUNICATIONS]
13. THIRD-PARTY WEBSITE AND CONTENT
14. ADVERTISERS
15. PLATFORM MANAGEMENT
16. PRIVACY POLICY
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION AND RELEASE
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US
1. OUR PLATFORM
We reserve the right to limit the availability of the Platform and/or the provision of any Content or Professional Service to any person, geographic area, or jurisdiction at any time and in our sole discretion. The information provided when using the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. You represent and warrant that: (a) you will perform under these Terms of Use in compliance with all applicable laws and regulations; (b) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or listed on any U.S. Government list of prohibited or restricted parties; and (c) all information you provide in connection with your access to or use of the Platform is true, accurate, and complete.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Platform, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Platform (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Platform “AS IS” for your personal, non-commercial use, or, as applicable for any Service Providers, for internal business purpose only.
Your Use of Our Platform
Subject to your compliance with these Terms of Use, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Platform; and
download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use, and, if applicable, internal business purpose if you are a Service Provider.
Except as set out in this section or elsewhere in our Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Platform, Content, or Marks other than as set out in this section or elsewhere in our Terms of Use, please address your request to: team@arkovo.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Platform or Content, you must identify us as the owners or licensors of the Platform, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Platform, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Use and your right to use our Platform will terminate immediately.
Your Submissions and Contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Platform to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Platform.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Platform ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial, or otherwise, without acknowledgment or compensation to you.
Contributions: The Platform may invite you to chat, contribute to, or participate in message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Platform, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, feedback, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other Users of the Platform and/or through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. For purposes of clarity, the contents of private messaging through the Platform will not be used by Arkovo in public advertising.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Platform or making Contributions accessible through the Platform you:
Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Platform any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
Warrant that any such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
Warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms of Use. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Platform, you represent and warrant that: (a) all information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you have the legal capacity and you agree to comply with these Terms of Use; (d) you are not under the age of 13; (e) you are not a minor in the jurisdiction in which you reside; (f) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise; (g) you will not use the Platform for any illegal or unauthorized purpose; and (h) your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
[4. USER REGISTRATION
You may be required to register to use the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.]
5. PLATFORM REPRESENTATIONS AND WARRANTIES
Separate Agreements
Arkovo does not directly sell or perform the Professional Servicesand disclaims all liability with respect thereto. All Professional Services solicited and provided through the Platform are provided by an independent Service Provider and Arkovo does not endorse, warrant, or make any representation concerning any User, or any Professional Services. All Users are responsible, at their own discretion, for entering into separate agreements that govern the terms and conditions agreed upon between the Service Requestors and Service Providers including, without limitation, payment terms, in connection with any Professional Services (“Service Agreement”). Users enter into Service Agreements at their sole risk, responsibility, and discretion, and you acknowledge and agree that Arkovo is not a party to any Service Agreement and Arkovo will not be under any obligation to become involved in or impose resolution in any dispute between or among Users or any third party, or otherwise arising out of any Service Agreement. You further acknowledge and agree that Service Requestors are solely responsible for remitting any applicable payment directly to Service Professionals in connection with Professional Services. Arkovo is not obligated to receive, process, or otherwise facilitate payment in connection with Professional Services for or on behalf of any User, and Arkovo will not be liable for the non-payment (whether partial or in full) for any Professional Services.
No Guarantee
Arkovo may also facilitate service requests and/or transactions, which facilitation may include providing a list of Service Providers and/or Service Requestors, enabling Users to send messages to each other, and processing certain fees for Service Providers. Service Requestors understand that any such facilitation does not constitute a warranty, guarantee, or endorsement in relation to the Professional Services. Without limiting the foregoing, Arkovo makes no representation—and you acknowledge that we make no representation—that the Platform, or Professional Services, are appropriate or available for use in all locations. Those who choose to access the Platform and Professional Services therein do so of their own initiative and at their own risk and are responsible for compliance with applicable federal, state, and other local laws. Service Providers understand and agree that using the Platform does not guarantee that anyone will engage them for Professional Services. Service Requestors understand that any Professional Services they solicit using the Platform are solicited directly from the Service Provider providing such Professional Services.
Service Providers
By registering or using the Platform to offer, post, or provide Professional Services, Service Providers represent and warrant that they, and their employees, agents, suppliers, contractors, and subcontractors who may perform work for them, (a) are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Professional Services and in relation to the specific job(s) they are performing; (b) comply and will continue to comply with all applicable laws, including, without limitation, worksite safety requirements in their rendering of Professional Services, and applicable privacy and marketing laws in their use of the Platform and any personal information obtained from the Platform; (c) will perform their Professional Services as outlined in their separate agreement with the Service Requestor and work to remedy any material deviations from such contract; and (d) will perform their Professional Services in a professional, workmanlike manner in accordance with industry standards and in accordance with these Terms of Use.
6. TERMS FOR SERVICE PROVIDERS
Acknowledgments
Service Providers understand and agree that they are customers of Arkovo, and are not Arkovo employees, contractors, consultants, joint venturers, partners, or agents. Service Providers acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Arkovo does not control, and has no right to control, the services a Service Provider provides (including the details of how the Service Provider provides such services) if the Service Provider is engaged by a Service Requestor or any other person, except as specifically noted herein or on the Platform.
[Arkovo, as permitted by applicable laws, may obtain reports regarding Service Providers, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Provider's account based on the results of such a report, with or without notice. As a Service Provider, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Arkovo’s vendors. Please see our Privacy Policy for more information. Service Providers agree to inform Arkovo of any material criminal convictions that occur after any such reports are run.]
Fees and Payments
Service Providers can pay fees (“Fees”) to Arkovo to obtain access to certain features on the Platform, including but not limited to receiving Service Requestor contact, booking, or other related job lead information (“Job Leads”), including priority or preferential access thereto. To process any Fees, Arkovo uses the third-party payment platform, Stripe, and in conjunction, your Stripe account to process applicable credit and debit card transactions. By using the Platform and agreeing to these Terms of Use, you also agree to be bound by Stripe's Terms of Service.
You expressly understand and agree that Arkovo shall not be liable for any payments and monetary transactions that occur through your use of the Platform. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Arkovo shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You are responsible for all transactions processed through Stripe. Arkovo is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that the Stripe service is subject to change at any time and such changes may adversely affect the Platform. You understand and agree to not hold Arkovo liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account.
You must not process stolen credit cards, or unauthorized credit cards through Stripe.
[Premium Membership Subscriptions
Billing and Renewal: Arkovo offers an optional [premium membership] subscription for Service Providers. If you opt-in to the [premium membership], your subscription will continue and automatically renew unless cancelled. You consent to our charging your indicated payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription.
[Free Trial: [We offer a [__]-day free trial to new Service Providers who register for a [premium membership] subscription. Your payment method will be charged automatically at the end of the free trial unless you cancel your subscription prior to the free trial period ending.]
Cancellation: You can cancel your subscription at any time by logging into the Service Provider Portal. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our [premium membership], please email us at team@arkovo.com.
Fee Changes: We may, from time to time, make changes to the subscription Fee and will communicate any price changes to you in accordance with applicable law.]
Refunds Policy
All sales are final and no refund will be issued, with the exception of applicable Fees paid in connection with Job Leads in which the Service Requestor is unresponsive or otherwise non-communicative. In such instance, Service Providers must submit refund requests in accordance with Arkovo’s refund process as designated on the Service Provider Portal. All approved refund requests will be in the form of credits to your Service Provider account.
7. PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us for Service Providers.
As a User of the Platform, you agree not to:
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses;
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein;
Engage in unauthorized framing of or linking to the Platform;
Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
Attempt to impersonate another User or person or use the username of another User;
Use any information obtained from the Platform in order to harass, abuse, or harm another person;
Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any independent revenue-generating endeavor or commercial enterprise;
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of or associated with the Platform;
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
Delete the copyright or other proprietary rights notice from any Content;
Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform; or
Use the Platform in a manner inconsistent with any applicable laws or regulations.
8. USER-GENERATED CONTRIBUTIONS
The Platform may invite you to chat, contribute to, or participate in message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, feedback, reviews, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other Users of the Platform and/or through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other Users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion to: (a) edit, redact, or otherwise change any Contributions; (b) re-categorize any Contributions to place them in more appropriate locations on the Platform; and (c) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
[10. GUIDELINES FOR REVIEWS
We may provide you methods or areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: (a) you should have firsthand experience with the person/entity being reviewed; (b) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (c) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (d) your reviews should not contain references to illegal activity; (e) you should not be affiliated with competitors if posting negative reviews; (f) you should not make any conclusions as to the legality of conduct; (g) you may not post any false or misleading statements; and (h) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.]
11. SOFTWARE
We incorporate the use of Twilio and WhatsApp in connection with the Platform, and may at times also include other third-party software for use in connection with our Platform. If such software is accompanied by an end user license agreement (“EULA”), you agree to be bound by the terms of the EULA, and such terms will govern your use of the software. If such software is not accompanied by a EULA, then to the extent legally permissible, we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Platform and in accordance with these Terms of Use. In addition, your use of any third-party software in connection with the Platform is governed by any applicable terms and/or policies. You may access and review the applicable terms and policies for Twilio here, and WhatsApp here.
Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with any applicable EULA, these Terms of Use, or other applicable terms of service.
[12. TRACKING COMMUNICATIONS
As part of the functionality of the Platform, and in order to ensure compliance with these Terms of Use, Arkovo may track the communications between Service Requestors and Service Providers that occur off of the Platform but through features and services provided by Arkovo (e.g., via Arkovo chatbot, SMS, WhatsApp or Twilio text messaging, or any other means), whether initiated by a Service Requestor or Service Provider, at all times to the extent permitted by applicable law. In order to track such communications, Arkovo may obscure User contact information in a User profile, replace User contact information in a User profile with a different piece of contact information that will forward to the User, or take any other step reasonably calculated to track the occurrence of such communications.
If you send messages to a User using any contact information for that User provided through the Platform, we may use a third-party service provider to track these messages on services and features we make available to you. We track these text messages for lawful purposes and those purposes set forth in our Privacy Policy, including, for example, fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. Please see our Privacy Policy for more information. As part of this process, Arkovo and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.]
13. THIRD-PARTY WEBSITES AND CONTENT
The Platform may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and/or other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or Platform offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or Platform. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain areas of the Platform, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
15. PLATFORM MANAGEMENT
We reserve the right, but not the obligation, to: (a) monitor the Platform for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by this reference. Please be advised the Platform is hosted in the United States. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practical.
17. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY SUSPEND OR TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Terms of Use and your use of the Platform are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within Texas, without regard to its conflict of law principles. You agree that any claim or dispute you may have against Arkovo that is not subject to arbitration must be resolved by a court located in Harris County, Texas, or a United States District Court, Southern District of Texas, located in Houston, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Harris County, Texas or the United States District Court, Southern District of Texas located in Houston, Texas, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available. This section of the Terms of Use will survive any termination or expiration of these Terms of Use, your User account, or the Platform.
20. DISPUTE RESOLUTION
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least [thirty (30)] days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, any in-person arbitration will take place in [Harris County, Texas]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [Harris County, Texas], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties further agree that any arbitration shall be limited to the Dispute between the Parties in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ARKOVO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any small claims court claim; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
22. DISCLAIMER
THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM, PROFESSIONAL SERVICES (OR PROVISION THEREOF), OR CONTENT IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY SERVICE REQUESTORS OR SERVICE PROVIDERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS ON OR MADE THROUGH THE PLATFORM OR TO REVIEW OR VET ANY SERVICE PROVIDERS OR PROFESSIONAL SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN-PERSON AND GIVE OR RECEIVE PROFESSIONAL SERVICES. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS, OR THIRD PARTIES. WE MAY PROVIDE PHONE NUMBERS THAT SERVICE REQUESTORS OR SERVICE PROVIDERS PROVIDE IN CONNECTION WITH A REQUEST FOR PROFESSIONAL SERVICES. SUCH PHONE NUMBERS ARE NOT VERIFIED AND WE MAKE NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR PLATFORM. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT, YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD-PARTIES, WHETHER IN-PERSON OR ONLINE, REMAINS WITH YOU. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR ONE HUNDRED U.S. DOLLARS ($100.00 USD) IF NO SUCH PAYMENTS HAVE BEEN MADE.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATIONS IN THIS SECTION OR THE TERMS OF USE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.
THIS SECTION OF THE TERMS OF USE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE, YOUR USER ACCOUNT, OR THE PLATFORM.
24. INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any losses, damages, liabilities, claims, fines, expenses, or demands, including without limitation reasonable outside attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your Contributions; (b) use of the Platform; (c) your receipt and/or rendering of Professional Services; (d) breach of these Terms of Use; (e) any breach of your representations and warranties set forth in these Terms of Use; (f) your violation of the rights of a third party, including but not limited to intellectual property rights; or (g) any overt harmful act toward any other User of the Platform with whom you connected via the Platform.
Notwithstanding the foregoing paragraph, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
25. USER DATA
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. The section headings in these Terms are for convenience only and have no legal or contractual effect.
29. CONTACT US
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at:
Arkovo, LLC d/b/a Arkovo
[Street Address]
[City, State ZIP Code]
Phone : +18887824204
Email : team@arkovo.com