Terms & Conditions

OVERVIEW

This website is operated by Plark. Throughout the site, the terms “we,” “us,” and “our” refer to Plark. Plark offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Important Disclaimers

This website is owned and operated by Plark. We may, in our sole discretion, choose to vary or modify these Terms & Conditions without notice. Any subsequent access to, or use by you of the website will constitute an acceptance of those variations and modifications.

All information contained on this website is provided in good faith and has been derived from sources believed to be reliable and accurate. We have not verified the accuracy or completeness of the information and do not make any warranty as to the accuracy or completeness of the information. The website may include technical, typographical, or other inaccuracies and you are urged to contact us to confirm the information contained on this website before placing any reliance on it. Changes are periodically made to the information on this website and these changes will be incorporated in new editions of this website. We cannot guarantee that this website will operate free of error or defects or that it is free from computer viruses or any other contaminating computer program.

We do not accept any liability for any acts or omissions resulting from your decisions or opinions formed on the basis of your use of the website or information contained on our website. To the maximum extent permitted by law, we exclude all liability for any damage or loss resulting from your use of or inability to use this website or the information contained on the website, including without limitation any direct, indirect, special, incidental, consequential, or punitive damages, whether arising out of contract, statute, tort, or otherwise.

SECTION 1A - OUR SERVICE

Plark provides an online platform (the "Plark Website") that grants you different types of licenses to use our Plark products and products created by third-party content providers (the "Products") sold and made available through our online platform (the "Plark Service").

SECTION 1B - TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3A - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3B - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 3C - REFUNDS

We offer a 30-day refund policy for all first website plan purchases. If you are not satisfied with our service, you can request a refund within 30 days of your initial purchase. Please note that this policy is subject to certain terms and conditions, which are outlined below.

Refund Entitlement: Our customers who have recently subscribed to the Plark Service have the right to request a refund within 30 days from the date of purchase. If a refund request is not submitted within these 30 days of the initial date of purchase, you will lose your right to a refund.

Refund Eligibility: To be eligible for a refund, you must have purchased a Plark Service plan within the last 30 days. We will only offer refunds on the initial purchase of a website plan. If you have purchased additional services or products, these are not eligible for a refund. If you have previously requested a refund, you are not eligible for a second refund. If you have violated our terms of service, you are not eligible for a refund.

Refund Request Procedure: To successfully request a refund within the aforementioned duration, it is mandatory to contact customer support with the refund request. This request must be made by the owner of the account and should include the reason for the refund. Customer service may also request additional information to process the refund (such as proof of purchase).

Currency Exchange and Fees: Depending on the initial payment method, your refund may be less any transaction fees or changes to currency exchange rates incurred during your purchase or refund. These fees are not refunded as part of the refund amount.

Refund Processing Time: Once a refund request is submitted, it may take up to 14 business days to process the refund. The refund will be processed using the same payment method used for the initial purchase. If you have not received your refund within 14 business days, please contact our customer support team.

Fees and Charges: If you have purchased a website plan with a discount or promotional offer, the refund amount will be the same as the amount paid for the plan.

Non-Refundable Items: Not all items and payments are subject to a refund. Unless explicitly stipulated, charges should be assumed to be non-refundable.

Compliance with Law: Our refund policy is subject to applicable laws in various jurisdictions. Depending on your geographical location, you might be entitled to specific rights and remedies. Some jurisdictions legally bind us to provide refunds on faulty service provisions.

Loss of Refund Right: If you miss the 30-day window to request a refund, you forfeit this right as per our policy. Regardless of the reason behind the missed deadline, please note that we will not be obliged to provide a refund past the 30-day duration. We recommend that you carefully review our service and request a refund within the stipulated time frame if you are not satisfied.

Customer Support: For any queries or concerns regarding our refund policy, please feel free to contact our support team. We aim to respond to all queries within a few business days.

Please note that it's crucial to read and understand our refund policy and make informed decisions. By subscribing to the Plark service, it is implied that you agree to our refund and reservice policies.

SECTION 4A - SERVICE LICENSING

We grant you a non-transferable, non-exclusive, revocable license to use the Plark Services for your personal and commercial use. If at any time we believe in our sole discretion that you are using the Plark Service beyond its scope, we can terminate your access to the Plark Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions: (a) you should not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Plark Service; (b) you should not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Plark Service; (c) you should not access the Plark Service in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Plark Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. All intellectual property rights in the Plark Service, and all content and logos are owned by or licensed to Plark. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Plark Service, other than the rights granted in accordance with these Terms. Your right to use the Plark Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Plark Service does not stop us from giving other people the right to use the Plark Service.

SECTION 4B - USER CONTENT LICENSING

You may use the Plark Service to post certain content, such as information, data, images, documents, files, scripts, applications, electronic media, logos, text, webpages, and any other file or data or similar material, to the Plark Website (the "Content"). You will always keep your rights to such Content, including intellectual property rights, when you post Content to the Plark Website. By uploading any Content to the Plark Website, you affirm that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Plark and other Plark users to use and distribute your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by us and these Terms; (2) Your Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; and (iii) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access potentially infringing content outside of our services. We have no obligation to remove, screen, edit, or monitor any Content. We may, in our absolute discretion, remove, screen, edit, or disable any Content at any time and for any reason without notice. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights you have in your Content. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Plark Service is the exclusive property of Plark. If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Plark Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have reason to believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: i. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; ii. identification of the copyrighted work claimed to have been infringed; iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; iv. your contact information, including your address, telephone number, and an email address; v. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer. While we are not obligated to review Content for copyright infringement, we are committed to protecting copyrights and expect users of the Plark Service to do the same. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. All the images and stock images are released under Creative Commons CO0 (Sites include as Pixabay, Unsplash, FreePik) protected by the copyright laws of the United Kingdom, but in case you find any image or stock image to be infringing the copyright of any third party or your copyright, you should immediately notify us at contact@plark.io. We shall look into the same and remove the content if it is found to be infringing upon your copyright.

SECTION 4C - PROHIBITED CONTENT

You are not allowed to post, host, display, upload, modify, publish, transmit, update or share any information or Content which: (a) belongs to another person and to which you do not have any right; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women"; (c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; (d) harasses or advocates harassment of another person; (e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; (f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (g) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; (h) promotes an illegal or unauthorised copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); (j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (l) tries to gain unauthorised access or exceeds the scope of authorised access to the website or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (m) refers to any URL that, in our sole discretion, contains material that is inappropriate for the website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; (n) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; (o) violates any law for the time being in force; (p) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

SECTION 5A - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. 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 access to any products or services that we offer. All descriptions of product plans or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.

SECTION 5B - CONTENT GENERATION

Content generated by Plark (including Plark's AI, page generator, and Plark's App) is considered to be a starting point and template only. It should not be considered as legal advice or a comprehensive set of policies for your specific business. We strongly recommend that you consult with your legal team or appropriate professionals to review and customize any policy-related content on your Plark page, ensuring it complies with applicable laws, regulations, and industry best practices. By using Plark's services, you acknowledge and agree to this disclaimer and accept full responsibility for any changes or adaptations you make to the AI-generated content on your landing page. Plark is not responsible for any issues arising from the use of its AI-generated content.

SECTION 5C - PLACEHOLDER CONTENT

All content generated by Plark, including but not limited to textual descriptions, reviews, user names, photos, and any other digital media, shall be considered as 'Placeholder Content.' It is explicitly understood that such Placeholder Content is fictional, provided exclusively for illustrative purposes, and should not be taken as authentic or genuine representations. Placeholder Content has been fabricated for the intended purpose of demonstrating potential website design and functionality, and to provide a framework by which users may understand how their own authentic content might appear within the site. Plark emphatically discourages and does not support the usage of said Placeholder Content as actual, authentic content representing real individuals or their reviews. Utilizing placeholder content as real may breach guidelines set by authorities like the Federal Trade Commission and can lead to penalties or enforcement actions. Users should replace all Placeholder Content with their own authentic content before publishing, making their website public, or conducting any business activities. Any misuse of Placeholder Content will be solely the user's responsibility and Plark will not stand liable for any consequences that may follow.

SECTION 5D - RESTRICTIONS ON USE

You must not use the Plark Service for any of the following: – For any illegal purpose – To burden or overload our infrastructure, facilitate any viruses, malware, malicious code or other form of IT attack or attempt to gain access to our systems and information; – To interfere with the Plark Service in any manner; – To copy or reproduce our content or services in any manner; – To interfere with our third-party providers in any manner; – In any manner which would create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers; – In any manner which would use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Plark Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Plark Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. – In any manner to gain or attempt to gain unauthorised access to any portion or feature of the Plark Service, or any other systems or networks connected to the Plark Service or to any server, computer, network, or to any of the services offered on or through the Plark Service, by hacking, password "mining," or any other illegitimate means – In any manner to probe, scan or test the vulnerability of the Plark Service or any network connected to the Plark Service nor breach the security or authentication measures on the Plark Website or any network connected to the Plark Website. You may not reverse look-up, trace or seek to trace any information of any other Plark user or visitor to the website, including any Plark Account not owned by you, to its source, or exploit the Plark Service or information made available or offered by or through the Plark Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website. – In any manner to make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation of our website or otherwise tarnish or dilute any of our trade or service marks, trade name, and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. – In any manner to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Plark Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

SECTION 5E - ACCESS TO YOUR PLARK ACCOUNT

In certain circumstances, we may need to access your Plark Account, including but not limited to when a bank may request evidence that you used the Plark Service or made a purchase through the Plark Service. By accepting these terms, you grant consent for us to access your Plark Account.

SECTION 5F - LIFETIME DEALS AND CONDITIONS

From time to time, we may offer customers lifetime deals in addition to the subscription plans. The lifetime deal programs are outlined in the Lifetime Deal Terms & Conditions.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Plark Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not 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. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9A - 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, by postal mail, or otherwise (collectively, '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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

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.

SECTION 9B - SOCIAL MEDIA PAGES AND CHANNELS

Our Twitter, Facebook & Instagram pages, Pinterest account, Discord server, YouTube channel, Google accounts collectively, and any other social media platforms Plark uses (the "social media channels") are social media locations for users to connect to and learn about us through information, pictures, and video concerning initiatives and programs. Our goal is to provide content about our company which we believe is useful and interesting and foster an open and respectful dialogue relating to the specific issues and topics covered in our posts, tweets, and other multimedia. We reserve all rights relating to the company’s social media channels, including but not limited to: (i) adding, removing, or modifying any content, (ii) blocking disruptive users; and (iii) discontinuing any of its social media channels at any time.

SECTION 10A - PERSONAL INFORMATION

Your submission of personal information through the Plark Service is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 10B - ACCOUNT CLOSURE

You may close your Plark Account at any time by visiting your account settings page. If you have issues or questions doing this, contact Plark support.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

In the event you discover any content that may violate this, report it immediately to our team for review support@plark.com

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Plark, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third-party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses, and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your Content; (iii) your activities in connection with obtaining any services from us; or (iv) any activity related to access to or use of your account by you or any other person.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Alberta and the federal laws of Canada applicable therein.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.