1. CONDITIONS OF USE
Welcome to ArrowOutlet Auction Shopping website. To ensure fair treatment of customers as well as reasonable understanding of transactions, by using the ArrowOutlet service ("Services"), you are entering into an agreement with ArrowOutlet LLC, a United States corporation. By using the service, you agreeing to the following terms.
By accepting these Terms, you accept that these Terms and the ArrowOutlet
Privacy Policy will apply whenever you use ArrowOutlet sites and services, as
well as the manner in which ArrowOutlet operate its auctions as described on
the ArrowOutlet site. The agreement that applies on any of our domains
and sub-domains is always the agreement that appears in the footer of each
website.
None of the content on the ArrowOutlet site, including but not limited to the
Help Section, is intended to amount to advice on which reliance should be
placed. ArrowOutlet disclaims to the fullest extent permitted by law all
liability and responsibility arising from any reliance placed on such materials
by you or by anyone who may be informed of any of its contents.
2. ACCEPTING THE TERMS
You may not use the
Services if you do not accept the Terms.
You can accept the Terms by:
You may not use the
Services and may not accept the Terms if (a) you are under 18 or (b) you are not of legal age or condition in your jurisdiction to form a
binding contract with ArrowOutlet, or (c) you are a person barred from
receiving the Services under the laws of the United States or other countries
including the country in which you are resident or from which you use the
Services.
Before you continue, you should print off or save a local copy of the Terms for
your records.
3. LICENSE AND SITE ACCESS
ArrowOutlet grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ArrowOutlet. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site, including the services provided on it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ArrowOutlet. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ArrowOutlet without express written consent. You may not use any meta-tags or any other "hidden text" utilizing ArrowOutlet�s name or trademarks without the express written consent of ArrowOutlet. Any unauthorized use terminates the permission or license granted by ArrowOutlet. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ArrowOutlet so long as the link does not portray ArrowOutlet, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ArrowOutlet logo or other proprietary graphic or trademark as part of the link without express written permission.
4. USER CONTENT, LINKS, THIRD-PARTY SELLERS
Our websites may contain
(a) User Content (defined below) provided by other users, (b) links to other
sites operated by third parties, (c) advertisements and/or sponsorships
provided by third parties, and (d) stores, services, or product lines offered
by third parties ((a), (b) , (c), and (d) are collectively, .Third-Party
Materials.). We have no control over and are not responsible and assume no
liability for any Third-Party Materials or the applicable third parties. We are
not responsible for any acts or omissions of such third parties. We do not
review, approve, endorse, guarantee, warrant, or make any representations with
respect to Third-Party Materials or the applicable third parties. For example,
we do not guarantee, warrant or represent that the Third-Party Materials are
accurate, legal and/or inoffensive or that these third party sites do not
contain viruses or other features that may adversely affect your computer. You
use all Third Party Materials and interact with such third parties at your own
risk. We are not obligated to be involved in any disputes between you and any
such third parties. When you leave our site, our Terms (including our Privacy
Policy) no longer govern. You should carefully review the applicable third
party privacy statements and other terms and conditions of use. Without
limiting the forgoing, if you have a problem with a link from any one of our
sites, please notify us at support@ArrowOutlet.com
You hereby release us, our subsidiaries, affiliates, officers, employees,
agents, and successors from any claim, demands, losses, damages, rights, and
actions of any kind, including personal injuries, death, and property damage,
that is either directly or indirectly related to or arising from use of Third
Party Materials or interactions with or conduct of the applicable third
parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT,
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "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,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
5. LICENSE GRANTED BY YOU
By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, or other content for use on any of the ArrowOutlet websites ("User Content"), (a) you represent and warrant that you or the owner of all rights to such User Content and that such User Content does not violate our Terms and (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy linked to at the end of the page. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
6. REGISTRATION AND PARTICIPATION
ArrowOutlet's products and services are offered exclusively to private users
and not to commercial or partly-commercial resellers. ArrowOutlet reserves the
right to exclude commercial resellers from the participation in the auctions
and to close such user accounts at any time.
You may register only once on our website. Also, you may
not bid on our site using multiple accounts, even at different points in time or if one
account is closed or suspended by ArrowOutlet. These terms apply both to your direct actions, and indirect
actions (e.g. proxying your actions through a friend, family members, or anyone else).
Also, you may not register or bid from multiple accounts using the same shipping name, computer/device, shipping address, or credit card(s) associated
with the same person (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
You recognize that violation of the above terms may constitute collusion in an auction,
fraud, and expose you to civil and criminal penalties.
You agree that if the above terms are violated, all accounts involves may be closed at
ArrowOutlet's discretion with no refunds for unused bids. Also, you forfeit all items won, both undelievered
and delivered. That is, you are be liable for repaying the retail value of products won and delivered. Also,
ArrowOutlet may Permanently Terminate Services for all users associated with all involved accounts (PTS, see
section 20).
In order to access certain Services, you may be required to provide information
about yourself (such as identification or contact details) as part of the
registration process for the Service, or as part of your continued use of the Services.
You agree that any registration information you give to ArrowOutlet will always
be accurate, correct and up to date. From time to time, for reason of suspected credit card,
identity, shipping, or other fraud, or at
ArrowOutlet's sole discretion, ArrowOutlet may require from the user verification.
Shipping may be delayed during the verfication investigation, and the
user's account may be suspended as well. In such a case, as directed by ArrowOutlet, the user
is required to verify his or her identity and shipping using a passport, driver's license,
utility bills, and/or other information. The inability to complete verification may result in
holds on shipments identity is verified, as well as closure of account and Permanent Termination of Service (PTS,
see Section 20) for any users involved with the account.
During the registration process, you must choose a username. The username must
not be offensive, be selected to deceive or mis-inform other users, may not
offend common decency or infringe upon the rights of third parties. If ArrowOutlet
receives information of a username which is illegal or in breach of these
Terms, this username can be amended by ArrowOutlet without prior notice.
You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access the
Service and that your user account may be used only by you and not anyone else.
Accordingly, you agree that you will be solely responsible to ArrowOutlet for
all activities that occur under your account. User accounts created during
registration are non-transferable.
7. RULES, RESTRICTIONS, SUSPENSION
Without limiting other
remedies, we may limit, suspend, or terminate our Service and user accounts,
prohibit access to our sites and their content, services, and tools, delay or
remove hosted content, including any User Content and take technical and legal
steps to keep users off the sites if we think that they are creating problems
or possible legal liabilities, infringing the intellectual property rights of
third parties, or acting inconsistently with the letter or spirit of our
policies. Bypassing ArrowOutlet's limit, suspension, or termination is prohibited
under the above section (Section 6) and the user is liable for remedies outline above,
including but not limited to forfeiture of accounts and winnings.
We also reserve the right to cancel unconfirmed accounts or accounts
that have been inactive for a long time, or to modify or discontinue ArrowOutlet
sites, services, or tools.
In case of a dispute between ArrowOutlet any user, or in case of an investigation
initated by ArrowOutlet, we may also suspend accounts
and ask that user to refrain from using our site (henceforth a "pause"). In case
of a pause, the user recognizes that any use of ArrowOutlet by that user, either
directly or indirectly (henceforth a "pause violation"), constitutes willful
obstruction of the investigation. In case of a pause violation, the user
voids his or her original claim in the dispute, and is liable for remedy for
multiple registration/bidding under section 6.
Additionally, the user also recognizes that in many instances the user's actions
leading to a pause violation
may contaminate ArrowOutlet's data and records and hamper both internal and
legal investigation efforts. Such a case may expose the user to criminal liability
of destruction of evidence, obstruction of justice, as well as civil liability
against claims by ArrowOutlet LLC.
You agree to the following conditions:
You agree that you are solely responsible for (and that ArrowOutlet has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ArrowOutlet may suffer) of any such breach. In case of a breach of these Terms, ArrowOutlet reserves the right to withhold deliveries or refunds for Bids.
8. BIDS
Bidding rights or bids
(‘Bids‘) must be purchased and paid for by you, or received free by the method below, prior to online bidding. Bids
can be purchased in packages (‘BidPacks‘) as further described under ‘Bidding‘
in the ‘Help" Section of the ArrowOutlet Site. Prices for Bids or BidPacks
may change in ArrowOutlet‘s discretion from time to time. Bids must currently
be placed online through our website. In the future ArrowOutlet may allow Bids
to be placed through third party websites or through use of your mobile phone.
In such cases, you will be required to disclose your mobile phone number and be
responsible for ensuring it is accurate and up to date. For information on when
such opportunities may be available in the future, check the Help Section of
the ArrowOutlet site.
No purchase necessary to bid/win a prize. Internet access & valid email required.
Offer open to (50) US & DC residents. Void where prohibited. Must be 18 yrs or older to play online.
To participate without making a purchase: Mail a legibly handwritten,
self-addressed, stamped envelope ("SASE") with sufficient postage and
a complete return address to: ArrowOutlet, 955 Massachusetts Ave Ste 120,
Cambridge MA 02139. Valid entries must include a paper with name, email
address, and username on ArrowOutlet. Limit one account per household as
per our terms and conditions. Do not send comments or questions
to this address. One bid code with instructions will be mailed in response
to each request that complies with the requirements. This bid code can be
redeemed for one bid to be used on ArrowOutlet. Requests from Vermont ("VT")
residents that are postmarked in VT may omit return postage.
Once a Bid is placed in an auction, it is deducted from your Bid account and
can no longer be refunded. Refunds will not be issued for Bids placed in an
auction. For further information on refunds please see our return policy
described under Returns & Complaints in the Help Section.
9. THE AUCTION PROCESS
For information on how
to place a bid, how to use the BidButler or how an auction works, please refer
to the Bidding or Auctions topics of Help Section on the ArrowOutlet site.
Every auction ends when the remaining time reaches zero and the user who was
the last to bid then wins the auction. All other Bids placed on the item expire
and will not be credited back to your account nor will you be eligible for a
refund for such Bids. The last bidder is determined based on the records in ArrowOutlet.s
database and ArrowOutlet.s decision regarding who is the last bidder shall be
final.
We do not represent or warrant that your Bid will be timely received or
accepted by ArrowOutlet site and you understand that our receipt of your Bid
depends on several factors, some of which we have no control over, including
your Internet connection, the equipment you are using to access our site, and
other technological and/or telecommunication-based factors. You agree that ArrowOutlet
shall be held harmless from and against any and all claims, causes of action,
expenses, costs, or losses arising from or related to any transaction in which
your Bid is not received, delayed or otherwise rejected by ArrowOutlet.
ArrowOutlet reserves the right to add, reschedule or remove products from the ArrowOutlet
website at anytime without notice. An auction is deemed to have closed when the
timer on the auctioned item counts "closed" and no users have placed
a Bid. Users should be aware that the timer available to the user is an
approximation which may be affected by network delays. The final decision of
when an auction closes will be based on the timer used by ArrowOutlet
servers.
Some auctions may offer the .Bid-O-Matic. option where you can purchase the
product during the auction time stated for a price which may be discounted by
your Bids on that auction up to a certain limit. For further information on
restrictions to .Bid-O-Matic., please read the Bid-O-Matic topic on the Help
Section
ArrowOutlet reserves the right to limit the number of auctions you can win
within a specific time period. Please refer to the Auctions topic of the Help
Section for further information. A Bid submitted by you constitutes your offer
to enter into a binding contract with ArrowOutlet and in the event of winning
an auction, you will receive a purchase offer for the item of the auction under
the conditions set out in the related auction.
10. DELIVERY
All items purchased from
ArrowOutlet are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon delivery of the item to the
carrier.
Unless otherwise stated, delivery will be made directly from our third party
suppliers or from our warehouse to the shipping address provided by you. Deliveries are made
solely within the 50 states of the United States (explicitly excluding the U.S.
sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some
restrictions or higher shipping costs may apply if the delivery address is in
Alaska or Hawaii, please check notifications on the detail pages of the
auctions in advance. You acknowledge
that delivery times vary and any delivery time indicated is provided only as a
guide and is not guaranteed. Please contact our service department atsupport@ArrowOutlet.com if an item is not delivered within the
indicated time so that we can work with you to address the issue. ArrowOutlet
shall be entitled to involve third parties to satisfy its contractual
obligations without being required to notify the buyer. Obvious damage to the
item from transport or packaging damaged during transport is to be reported to ArrowOutlet
upon taking delivery.
Should ArrowOutlet not be able to deliver the item ordered, ArrowOutlet shall
be entitled to substitute the item with a comparable replacement product with
the similar or better features, or provide a refund of the auction end price to
you based upon your preference.
While ArrowOutlet makes every effort for timely delivery, and historically has
ordered most items within 3 business days of winning, like many retailers, ArrowOutlet does not
explictly guarantee or warranty any particular deliver speed. Users are
encouraged to contact support if items have not arrived with 4 weeks of winning.
If chargebacks arise in connection to any account or user, or if ArrowOutlet has any claim against any account or user, then
ArrowOutlet may hold delivery of items to the extent of the chargeback or claim. By way of example, if a user wins five $100 items,
and ArrowOutlet has a $150 claim against the user, ArrowOutlet may hold two of the items until the claim is settled.
11. RETURNS/REFUNDS
If, within 14 days of
delivery of an item, you decide you no longer want the item, ArrowOutlet will
refund you with the amount that you paid for the item as well as original
delivery costs, provided that you have (i) returned the item to ArrowOutlet,
(ii) the item is still in its original packaging and (iii) the item is not
damaged or used. Returns or refunds must be first initiated by contacting the ArrowOutlet
customer service team in writing (by letter or email) within the 14 day period
in order to be executed. Please note that we cannot offer you a refund on the
cost of the Bids that you placed on that auction or the return shipping
cost.
Should ArrowOutlet incur additional costs for insufficient postage on the
return or for courier shipments and other irregular shipping methods that are
over and above postal shipping costs, these costs will be deducted from any
payment whatsoever paid to you. Sets/boxes can only be returned in their
entirety.
Exceptions to the right to return are audio or video recordings, computer software
that you have unsealed, gift cards, and other items noted by ArrowOutlet on the
ArrowOutlet site. Such items are not eligible for return or refund.
The following contact details must be used:
support@ArrowOutlet.com
12. INFORMATION INACCURACY DISCLAIMER
From time to time there may be information on the website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. ArrowOutlet reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If a product offered by ArrowOutlet is not as described, your sole remedy is to return it in unused condition pursuant to our return policy.
13. DISCLAIMER OF WARRANTY
We will pass through to
you a manufacturer.s limited warranty for any item that you purchase when we
can reasonably do so; however, you understand and agree that we do not control
or participate in warranty-related activity, and all warranty repairs or
replacements must be made through the relevant manufacturer. Please be aware
that some manufacturers will not honor warranties of products sold through
auctions.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THIS SITE AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ArrowOutlet
ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. NEITHER ArrowOutlet, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR
LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ArrowOutlet, ITS AFFILIATES,
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE . ArrowOutlet, ITS AFFILIATES, AGENTS, THIRD
PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR
SERVERS; OR E-MAIL SENT FROM ArrowOutlet ARE FREE OF ERRORS, VIRUSES OR OTHER
HARMFUL COMPONENTS. IN ADDITION, ArrowOutlet DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
14. LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT
AS EXPLICITLY SET FORTH HEREIN, ArrowOutlet, ITS DIRECTORS, OFFICERS,
EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES
RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS,
SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT,
EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY
THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS
OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY
WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR
PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES
(FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID TO ArrowOutlet FOR THE APPLICABLE
TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION
RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO ArrowOutlet
IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. SYSTEM OUTAGE/TEMPORARILY HALTED AUCTIONS
A system outage has
occurred if no Bids can be submitted for items due to an unforeseeable
disruption in a system. In such a case, auctions will be temporarily halted and
the remaining times for the auctions, the current bidding price and the current
highest bidder will be maintained. After the disruption has been resolved, the
auctions will be continued and additional minutes will be added to the
remaining times for the auctions. Temporarily halted auctions are clearly
indicated. Bids placed on a temporarily halted auction shall not be credited
back on a user.s account and are not eligible for a refund for bids used or
other costs incurred.
ArrowOutlet provides no guarantee for the constant and uninterrupted
availability of its website and technical systems. In addition to the
provisions of limited liability set forth above, ArrowOutlet shall not be
liable for damage that occurs due to Bids submitted by you not being received
by ArrowOutlet or not being received promptly or not being considered as a
consequence of technical faults.
16. INTELLECTUAL PROPERTY
All content included on
this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of ArrowOutlet
or its third party suppliers/licensors and may be protected by United States
and international copyright laws. The compilation of all content on this site
is the exclusive property of ArrowOutlet and protected by U.S. and
international copyright laws. All software used on this site is the property of
ArrowOutlet or its software suppliers/licensors and may be protected by United
States and international copyright laws.
ArrowOutlet, ArrowOutlet.COM, BID-O-MATIC and other ArrowOutlet.com graphics,
logos, page headers, button icons, scripts, and service names are trademarks,
registered trademarks, service marks or trade dress of ArrowOutlet in the U.S.
and/or other countries. ArrowOutlet‘s trademarks and trade dress may not be
used in connection with any product or service that is not ArrowOutlet‘s, in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits ArrowOutlet. All other trademarks not owned by ArrowOutlet
that appear on this site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by ArrowOutlet. The
absence of a trademark, trade name or service mark from the above list does not
constitute a waiver of our intellectual property rights concerning that
trademark, trade name or service mark.
One or more patents applications owned by ArrowOutlet may apply to this site
and to the features and services accessible via the site.
17. SERVICE AND SUPPORT FOR PURCHASED PRODUCTS
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
18. PRIVACY
The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy
19. CHANGES TO THE TERMS
ArrowOutlet may make
changes to these Terms from time to time. When these changes are made, we will
make a new copy of the Terms available to you from within, or through, the ArrowOutlet
services.
You understand and agree that if you use the Services after the date on which
the Terms have changed, ArrowOutlet will treat your use as acceptance of the
updated Terms.
20. ENDING YOUR RELATIONSHIP WITH ArrowOutlet
If you want to terminate
your legal agreement with ArrowOutlet, you may do so by (a) notifying ArrowOutlet
at any time and (b) closing your accounts for all of the Services which you
use, where ArrowOutlet has made this option available to you. Your notice
should be sent, in writing or via email, to ArrowOutlet's address which is set
out at the beginning of these Terms.
ArrowOutlet may at any time, terminate its legal agreement with you if:
In addition to terminating is legal agreement with the user, ArrowOutlet may at its sole discretion initalize a Permanent Termination of Service (PTS) with
the user through notification (mail, phone, email or any other contact method). In case a user is under PTS, registering or bidding on the site by that user, through
any account, through any proxy, even indirectly, subjects the user to a violation of Section 6 and will result in forfeiture of related accounts and winnings. In addition,
any user under PTS is not authorized to access any of ArrowOutlet's services, computers, or websites. Unauthorized access exposes the user to civil and criminal liabilities, including
but not limited to under USC 18 Part 1 Chapter 47 S 1030 FRAUD AND RELATED ACTIVITIES IN CONNECTION WITH COMPUTERS, the COMPUTER FRAUD AND ABUSE ACT, and state laws involving
unauthorized computer access.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ArrowOutlet have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the General Legal Terms below shall continue to apply to such rights, obligations and liabilities indefinitely.
21. DMCA Policy
If you are notifying ArrowOutlet of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
22. Designated Agent for Notification of Claimed Copyright Infringement
Please email ArrowOutlet to file any complaints.
23. GENERAL LEGAL TERMS
Sometimes when you use
the Services, you may (as a result of, or through your use of the Services) use
a service or download a piece of software, or purchase goods, which are
provided by another person or company. Your use of these other services,
software or goods may be subject to separate terms between you and the company
or person concerned. If so, the Terms do not affect your legal relationship
with these other companies or individuals.
The Terms constitute the whole legal agreement between you and ArrowOutlet and
govern your use of the Services (but excluding any services which ArrowOutlet
may provide to you under a separate written agreement), and completely replace
any prior agreements between you and ArrowOutlet in relation to the Services.
You agree that ArrowOutlet may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on the
Services.
You agree that if ArrowOutlet does not exercise or enforce any legal right or
remedy which is contained in the Terms (or which ArrowOutlet has the benefit of
under any applicable law), this will not be taken to be a formal waiver of ArrowOutlet.s
rights and that those rights or remedies will still be available to ArrowOutlet.
If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The remaining
provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with ArrowOutlet under the Terms, shall be
governed by the laws of the Commonwealth of Massachusetts without regard to its
conflict of laws provisions. You and ArrowOutlet agree to submit to the
exclusive jurisdiction of the courts located within the county of Middlesex,
Massachusetts to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that ArrowOutlet shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in
any jurisdiction. The UN Convention on the International Sale of Goods shall
not apply.
The contract between you and ArrowOutlet is binding on the parties and on their
respective successors and assigns. You may not transfer, assign, charge or
otherwise dispose of any contract formed under these Terms or any of their
rights or obligations without ArrowOutlet.s prior written consent.
These Terms set forth the entire understanding and agreement between us with
respect to the subject matter hereof. The following Sections survive any
termination of these Terms: Payment (with respect to fees or amounts owed for
our services or products), Disclaimer of Warranties, Limitation of Liability,
Intellectual Property and General Legal Terms.
Note:
We would like to advise all users to monitor their bidding practices. Placing
bids online at www.ArrowOutlet.com frequently or repeatedly can incur
high costs. Users should therefore pay attention to their bidding practices and
check their charges regularly.
PRIVACY POLICY
Scope
ArrowOutlet.com (hereinafter referred to as ‘ArrowOutlet‘) is a service
provided by ArrowOutlet LLC. (hereinafter referred to ‘We‘ or ‘Us‘). We
recognize and respect your personal privacy. This Privacy Policy describes all
aspects relating to gathering information while you are visiting the ArrowOutlet
website, how We handle your personal information for our services and all
further permissible uses of such information.
By accepting the Privacy Policy and the Terms and Conditions in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective 10 days after being posted on the website.
Data Collection
You may visit ArrowOutlet at any time without providing your identity or
revealing any personal information about yourself. However, when you visit our
website, we may collect and store your computer and connection information,
statistics on page views, traffic to and from ArrowOutlet, ad data, IP address
and standard web log information and information from other companies, such as
demographic and navigation data.
For you to actively participate in ArrowOutlet we do need some of your personal
information, however. Once you provide us with your required personal information,
you are no longer anonymous. In providing us with your personal information,
you consent to the transfer and storage of such information on our servers.
In connection with your registration and use of ArrowOutlet We may collect and
store the following personal information:
Use of Data
Our primary purpose in collecting personal information is to provide you with a
safe, smooth, efficient, and customized experience. You agree that we may use
your personal information to:
Disclosure of Personal Data
We may disclose personal information to respond to legal requirements, enforce
our policies, respond to claims that a listing or other content violates the rights
of others, or protect anyone's rights, property, or safety. Such information
will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with third parties assisting our
business operations under contract, including but not limited to fraud
investigations and debt collection, with law enforcement or other governmental
officials if required by law, and with other business entities, should we plan
to merge with or be acquired by that business entity.
Without limiting the above, in an effort to respect your privacy and our
ability to keep the community free from bad actors, we will not otherwise
disclose your personal information to law enforcement, other government
officials, or other third parties without a subpoena, court order or
substantially similar legal procedure, except when we believe in good faith
that the disclosure of information is necessary to prevent imminent physical
harm or financial loss or to report suspected illegal activity.
Your Information on ArrowOutlet
Once you have been approved as registered user with ArrowOutlet, you will be
required to choose a user name. This user name will be displayed throughout ArrowOutlet
and therefore provided to the public. Unless you associate your user name with
your personal information, users will not be able to personally identify your
activities on ArrowOutlet.
When visiting ArrowOutlet from a public or shared computer, certain information
about you, such as your user name, may also be visible to others who may use
such the computer after your use.
Access, Review and Change of Personal Data
You can access, review and change most of your personal information by logging
on to ArrowOutlet at any time. However, some of your personal information can
only be changed by contacting our Customer Service. You are required to
promptly update your personal information if changes occur or information is
inaccurate.
Revoking Consent/Deleting Your Account
Upon your request, we will close your account and remove your personal
information from view as soon as reasonably possible, based on your account
activity and in accordance with applicable law. We do retain personal
information from closed accounts to comply with law, prevent fraud, collect any
fees owed, resolve disputes, troubleshoot problems, assist with any
investigations, enforce our General Terms and Conditions, and take other
actions otherwise permitted by law.
You can delete or deactivate your ArrowOutlet account at any time. When you
delete your membership, your personal data is removed from our database unless
we are required to save the data. As a rule it takes two to three business days
until your information is completely removed from all records.
The Use of Cookies at our Website
ArrowOutlet uses so-called ‘cookies‘, which are files that are stored on your
computer that can be retrieved to assist in customizing your experience with
the online service. The information saved supports the functionality of the
site, for example by keeping track of your visual preferences or controlling the
frequency of ‘pop-up‘ windows. You are free to prevent cookies from being saved
on your hard drive by adjusting the corresponding settings in your browser.
However, we would like to point out that turning off these settings may result
in limited functionality.
Security Measures
Your ArrowOutlet account and profile and the information contained therein are
password protected. Please note that you are not permitted to provide your
password to anyone else. ArrowOutlet will never ask for your password in
e-mails that you receive unexpectedly or that you did not request. Please
remember to log out of your account and to close your internet browser window
when you leave the ArrowOutlet site; this is especially important if you use a
PC in public locations. At present, this is the safest way to ensure that no
one has access to your personal information. We assume no liability for the
abuse of login data and passwords used.
Further, We treat data as an asset that must be protected. We use lots of
security measures to protect your personal information against unauthorized
access and disclosure. However, although we work very hard to protect your
privacy, we do not promise, and you should not expect, that your personal
information or private communications will always remain private.
Protection from Web Crawlers or Spam
ArrowOutlet assures you that we will use your e-mail address with your express
consent only for the purposes stated in the Terms of Use. We will not rent or
sell your e-mail address to third parties, and we will prevent your e-mail
address from being recorded by "web crawlers" or "web spiders" to the best of
our ability. If you believe that your e-mail address has been recorded in this
way, please let us know immediately.
General
We may amend this Privacy Policy at any time by posting the amended terms on
this site. All amended terms automatically take effect 10 days after they are
initially posted on the site.