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Terms of Service

Scope

This Policies and Terms of Service Agreement is referenced on every invoice and purchase agreement in the United States delivered for goods and services by Arco Globus (the distributor of Jack Rabbit). When you receive a product from Arco Globus it is implied that you accept the terms herein.

By signing the invoice or accepting products into your Business Establishment or home you agree to be bound by the conditions of this Service Agreement whether or not signature was rendered by an employee, tenant, lessee, contractor, or anyone else with implicit authorization to accept service or products on your behalf as a private individual, licensee, or owner of a Business Establishment.

Disclaimer of Warranties and Limitation of Liability

The products, services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through Arco Globus or its affiliated brands are provided by Arco Globus on an "as is" and "as available" basis, unless otherwise specified in writing. Arco Globus makes no representations or warranties of any kind, express or implied, as to the operation of the Arco Globus websites, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through Arco Globus or its agents, unless otherwise specified in writing. You expressly agree that your use of Arco Globus web services is at your sole risk.

To the full extent permissible by law, Arco Globus disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Arco Globus does not warrant that the any information, content, materials, products (including software) or other services included on or otherwise made available to you through its website or affiliated social media, Arco Globus’ servers or electronic communications sent from Arco Globus are free of viruses or other harmful components. to the full extent permissible by law, Arco Globus will not be liable for any damages of any kind arising from the use of any Arco Globus product, service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Arco Globus, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Indemnification

This website has been prepared solely for the purpose of providing information about Arco Globus and/or its brands offered for sale when applicable in addition to the services and products it offers. However, all visitors should be aware that any information may be incomplete, may be inaccurate as a result of manufacturer error, may contain typographical and factual errors, or may have become out of date. Arco Globus reserves the right to add, modify, or delete any information on this website at any time. This publication and any references to products or services are provided "as is" without any warranty or implied term of any kind. For the most current information, send a letter of request including a self-addressed stamped envelope to our Florida office.

Buyer shall indemnify Seller, Seller’s officers, directors, employees and agents against all liability, cost or expense that may be sustained by Seller on account of, or arising from, the Agreement or the sale or transfer of the Products. Buyer shall further indemnify, defend and hold Seller and its directors, officers, employees, agents, suppliers, parents, affiliates, subsidiaries, successors and assigns harmless from and against any and all fines, penalties, suits, actions, claims, liabilities, judgments, losses, damages, costs and expenses (including attorneys’ fees) resulting or arising from (a) Buyer’s negligence or willful misconduct, (b) Buyer’s use, sale, handling, storage, or disposal of the Products, or any product or waste derived therefrom, (c) Buyer’s discharge or release of the Products, or any product or waste derived therefrom into water, onto land or into the air, (d) Buyer’s exposing any person (including Buyer’s employees) to the Products, or any product or waste derived therefrom, including failure to warn of such exposure, (e) the transportation of the Products to Buyer after tender of the Products by Seller to the carrier at the shipping point, or (f) any liability or cost arising out of any claim for the infringement of any patent or other rights which are or may be asserted against Seller because of the design, nature, structure or use of any goods manufactured by Buyer or modified at the request of Buyer. The foregoing shall apply, without limitation, to injury to person (including death) or damage or harm to property or the environment. This indemnity shall not apply to any fine, penalty, suit, action, claim, liability, judgment, cost or expense caused solely by Seller’s negligence or willful misconduct, but shall apply where there is concurrent negligence or willful misconduct on the part of Seller and Buyer in proportion to buyer’s negligence or willful misconduct.

Returns

You may return any defective merchandise to Arco Globus at no cost to you. However, you must provide evidence of any such material defect prior to getting an RMA number and return mail slip. Arco Globus is under no obligation to accept baseless claims.

Valid claims include:

1. The USPS damaged my goods. (photo evidence required, purely cosmetic damage not accepted.)

2. The product shipped was not what I ordered. (photo evidence required.)

Non-payment for Goods

Since we accept returns for valid claims, double charges, or other once-in-a lifetime errors, we consider chargebacks a non-payment event.

While we win 99% of all claims by keeping records, if you should succeed in duping the credit card companies we will likely pursue litigation.

Venue

Arco Globus and Buyer hereby agree that any dispute which may arise between them arising out of or in connection with any business activity or dealings shall be adjudicated before a court located in Volusia County, Florida and they hereby submit to the exclusive jurisdiction of the Federal (Middle District Court) and state courts of the State of Florida located in Volusia County, or with respect to any action or legal proceeding commenced by any party, and irrevocably waive any objection they now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum, relating to or arising out of this Terms of Service Agreement or any acts or omissions relating to the sale of the goods or services hereunder, and consent to the service of process in any such action or legal proceeding by means of registered or certified mail, return receipt requested, in care of the address set forth herein or such other address as either party shall furnish in writing to the other.

Electronic Communications Consent

When you make a purchase or engage in any communication other than the word STOP, or send e-mails, text messages, and other communications from your desktop or mobile device to Arco Globus, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Arco Globus, such as our Social Media profiles, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In general by making any purchase or communicate with Arco Globus or any of its brands or affiliates you waive your DMA and FTC CANSPAM protections under the Federal law allowing us to contact you with offers until such time that you notify us in writing that you do not wish to receive any more communication from Arco Globus. Violators of the Payment Procedures section can only opt out of consent once they have paid their invoices and any penalties in full.

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