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Who We Are : When we refer to "ARK Performance, Inc.," "we," "our" or "us," it means ARK Performance, Inc. Company and its subsidiaries. ARK Performance, Inc. Company's headquarters are located at 5490 Brooks St., City of Montclair, CA 91763, USA. The telephone number is (909) 391-1275. Currently, ARK Performance, Inc. has subsidiaries in Korea. Unless otherwise noted, these Rules apply to every website maintained by ARK Performance, Inc. Company and its corporate subsidiaries. Changes To Site : ARK Performance, Inc. Company reserves the right to revise these Rules at any time by updating this posting. Please check back periodically for changes. The Rules were last updated on February 01, 2008. There have been no changes since that date. Your continued use of the Site following the posting of changes to these Rules will mean you accept those changes and that they apply to you. Use Of Site Content : ARK Performance, Inc. maintains this Site and its contents for your personal information, entertainment and education. You may view and download material displayed on the Site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this Site for public or commercial purposes, without ARK Performance, Inc.'s prior written permission. You may not alter or interfere with the content or functioning of the Site, or "mirror" any content contained on this Site on any other server. The materials at this Site are copyrighted and any unauthorized use may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Rules, your right to use this Site will terminate automatically. Communicating With Us : ARK Performance, Inc. Company welcomes your comments and creative ideas based on performance issue. Any communication or material you transmit to ARK Performance, Inc. or post to the Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and may be disseminated or used by ARK Performance, Inc. or its affiliates for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by ARK Performance, Inc. or its affiliates for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, and broadcast. You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Disclaimer Of Warranty : ARK Performance, Inc. does not warrant or represent that the content at the Site is accurate, or that the Site's operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Site at your own risk. ARK Performance, Inc. does not represent or warrant that your use of materials displayed on this Site will not infringe rights of third parties. Information published at this Site may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the Site is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you. Limitation Of Liability : Neither ARK Performance, Inc. nor any third party involved in creating or delivering the Site will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Site, even if ARK Performance, Inc. has been advised of the possibility of such damages. Links: The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. ARK Performance, Inc. is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk. Note: Anyone linking to ARK Performance, Inc.'s website must comply with the Link Guidelines for linking to the ARK Performance, Inc. Site as well as all applicable laws. Copyright Notices : The copyright in all content provided on this Site is held by ARK Performance, Inc. or by the original creator of the content. Except as provided in these Rules, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ARK Performance, Inc. or the copyright owner. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Site, please notify ARK Performance, Inc. immediately. Trademarks : The trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ARK Performance, Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. ARK Performance, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. Our Products : ARK Performance, Inc. makes Demonstrably Superior products sold in many countries around the world. Products displayed on this Site can be found at authorized ARK Performance, Inc. Retail Locations near you, while supplies last. Please connect to our Retail Locator to find the authorized retail location nearest you. We have done our best to display the true colors of the products found on this Site; however, colors may vary due to the settings of your computer monitor. Site Operation : ARK Performance, Inc. controls and operates this Site from its headquarters in City of Industry, USA and makes no representation that these materials are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. Governing Law : These Rules and your use of the Site will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any dispute arising out of these Rules or your use of the Site will be heard only in the state or federal courts located in Los Angeles County, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts. Interpretation : If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Rules (and the links contained herein) state the entire agreement between the parties relating to use of the Site. The Rules may not be amended except as provided above.
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