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Copyright © 2022 ARTICA - All Rights Reserved

Terms of Use

1. Overview

These terms of use (“Terms of Use”) are entered into between you and Artica Inc. and its affiliates listed below (“Artica” “we,” or “us”). The Terms of Use govern your access to and use of the Artica website at www.artica.com, including any content, functionality, products, and services offered on or through it (the “Site”).

By using the Site, you agree to be bound and abide by these Terms of Use. Artica may terminate your ability to use the Site without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.

Artica reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Information Artica collects on the Site is subject to our Privacy Notice posted at the Site. By using the Site, you consent to all actions taken by us with respect to your Information (as defined in the Privacy Notice) in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Artica’s knowledge.

2. Intellectual Property

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Artica or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below. Site Content does not include User Contribution(s), as defined below.

The Artica name and related logos are trademarks and service marks (“Marks”) of Artica. Artica Marks may not be used without advance written permission of Artica including in connection with any product or service that is not provided by Artica in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Artica. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Artica as described in Section 19.

3. Limited License and Prohibited Uses

Artica grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource and to engage in transactions while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Artica is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

This Site is not intended for children under 13 in the United States per the Children’s Online Privacy Protection Act or under 16 years of age elsewhere. For more information, please see our Privacy Notice.

4. Account Registration

To access portions of the Site, you may be asked to register and to provide related Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. Artica can terminate your registration at any time for any reason.

5. Use and Protection of Login Credentials

If you register, you are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Artica immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Artica reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Artica’s opinion, you have violated any provision of these Terms of Use.

6. User Contribution

Any reviews you contribute on the Site, creative ideas, suggestions, proposals, plans, or other materials, you send to us, whether online, on the Site, by email, by postal mail or otherwise make available to Artica (“User Contribution”) will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or to Artica, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 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

All User Contributions must comply with the content standards set out below.

You represent and warrant that:

We are not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Site

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

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to hello@Artica.com (Subject line: “DMCA Takedown Request”).

Our designated copyright agent to receive DMCA Notices is:

Artica Inc. Attn: Copyright Agent 929 108th Ave NE, Suite 1410 Bellevue, WA 98004

To be effective, the notification must be in writing and contain the following information:

Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party, informing that person that Artica may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who infringes any intellectual property rights of others.

8. Third Party Content

This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Artica. Artica is not responsible for the content or accuracy of any materials provided by any third parties.

Artica may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Artica does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE ARTICA ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. ARTICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, ARTICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, ARTICA, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. ARTICA WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

ARTICA’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENTS WILL NOT EXCEED $100.

12. Indemnification

You agree to defend, indemnify and hold harmless Artica, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your content and any use of the Site Content other than as expressly authorized in these Terms of Use.

13. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Artica for which monetary damages would not be an adequate remedy, and Artica shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

15. Waiver And Severability

No waiver by Artica of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Artica to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16. Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Artica with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

17. Term and Termination

These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 6, 7, 8, 10-19 and the Privacy Notice.

You agree that Artica, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

18. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Washington will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms of Use shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in King County, Washington. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

19. Communications, Contact Information and Affiliate Information

Artica may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Artica, you can click on the “unsubscribe link” provided in such communications or contact us at the address below.

For all feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at:

Artica Inc. Attn: Legal 929 108th Ave NE, Suite 1410 Bellevue, WA 98004

Artica’s affiliates for purposes of these Terms of Use are Bestselling.com LLC, Busola LLC, South Polar LLC, Eversprout LLC, Mercury Athletics LLC, Slumberpod LLC, Roxant LLC, Fifth and Royal LLC.

EFFECTIVE DATE: May 25, 2022