Terms of Use

These Terms of ARKA Group L.P. and its affiliate companies, including but not limited to AMERGINT Technologies, Inc., Danbury Mission Technologies, LLC, The Stratagem Group, LLC, Lumacron Technology Limited, Lumacron US, LLC, and Tethers Unlimited, Inc.  (“ARKA,” “we,” “us” or “our”) apply to all contents and information available within our websites including but not limited to https://arka.org/ and https://lumacron.com/  (collectively, the “Site”).

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND ARKA MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST ARKA TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW THE SECTION ENTITLED DISPUTE RESOLUTION FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH ARKA.

We reserve the right to change, modify, add or remove portions of these Terms at any time for any reason and in our sole discretion. We suggest that you periodically review these Terms for amendments. You acknowledge that by accessing or using the Site you are agreeing to these Terms as modified from time to time. We will alert you if changes have been made by indicating on these Terms the date they were last amended.

BY ACCESSING OR UTILIZING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU, ON BEHALF OF YOURSELF AND/OR THE INSITUTION OR COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT, AGREE TO BE BOUND BY THEM AND acknowledge that you ARE AT LEAST the age of majority in your jurisdiction. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OR ARE NOT AT LEAST the age of majority in your jurisdiction, YOU ARE NOT AN AUTHORIZED USER OF THIS SITE AND YOU SHOULD NOT USE THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

UNAUTHORIZED USE OF THIS SITE IS STRICTLY PROHIBITED. AUTHORIZED USERS OF THIS SITE INCLUDE ANY CLIENTS AND POTENTIAL CLIENTS OF ARKA, ARKA CANDIDATES FOR EMPLOYMENT OR USERS SEEKING INFORMATION ABOUT EMPLOYMENT OPPORTUNITIES AT ARKA, AND ANY OTHER USERS AUTHORIZED BY ARKA.

All content displayed or otherwise contained on or available via this Site, including without limitation all images, text, articles, photographs, illustrations, and graphics (the “Content”), constitutes the proprietary intellectual property of ARKA or its licensors, and is protected by U.S. and international copyright laws. By accessing or utilizing this Site, you agree not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the Content, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials without the prior written consent of ARKA. The systematic retrieval of data from the Site is also prohibited.

All trademarks, service marks, trade names, and logos displayed on the Site (collectively, the “Marks”) are proprietary to ARKA or their respective owners and are protected by U.S. and international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to ARKA without ARKA’s express written consent, is strictly prohibited.

ARKA grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of ARKA.

You agree that your use of the Site will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the Site for or in connection with, any illegal purpose or activity. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You may not use the Site for transmitting obscene, threatening, defamatory or otherwise abusive content, spamming, violating another’s privacy rights, violating intellectual property laws, hacking, transmitting any virus, worm, Trojan horse or other destructive software, or for any other unlawful, criminal, illegal, immoral or inappropriate activities. You may not frame or deep link the Site or its contents within any other website. You may not use the Site for any unauthorized commercial purposes. You further shall not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability, use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site, or use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent. You also shall not access data not intended for you or log onto a server or an account which you are not authorized to access, attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or access or use the Site or any portion thereof without authorization.

We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“Feedback”) will be considered non-confidential and non-proprietary. ARKA will have no obligations with respect to the Feedback. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to ARKA, you agree ARKA is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. ARKA and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Feedback and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

The Site may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Site, you acknowledge and agree that ARKA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Third-party websites may have their own terms of use and privacy policies, for which we are not responsible and which we encourage you to review before accessing and using any third-party website.

THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT ACCESS TO OR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN OUR SITE WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, ANY CONTENT OR INFORMATION PROVIDED ON OUR SITE OR ANY INFORMATION THAT IS AVAILABLE THROUGH OUR SITE. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

YOU ACKNOWLEDGE THAT WE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS OR USE OF THE SITE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR USE OR ANY ERRONEOUS COMMUNICATION BETWEEN ARKA AND YOU. WE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE CONTENT OR INFORMATION OR SERVICES CONTAINED ON OR BY THE SITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR INFORMATION AVAILABLE ON OR BY THE SITE.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF THE SITE OR ANY CONTENT, DATA, INFORMATION OR SERVICES MADE AVAILABLE ON OR BY THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY ARKA OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE CONTENT, SERVICES, INFORMATION OR DATA PROVIDED ON OR BY THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION OR SERVICES CONTAINED WITHIN THE SITE OR ANY LINKED WEBSITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY SERVICES USED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any services used through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

Without limitation of ARKA’s other rights and remedies, you agree to indemnify, defend and hold harmless ARKA and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Site, including any material that you access or make available using the Site, any actions taken by you in connection with your use of the Site, any violation of any third party’s rights or and violation of law or regulation, or any breach of these Terms.

Nothing contained in or on the Site should be construed as a solicitation of an offer of employment, or to engage in any other transaction.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited by reason of that person’s nationality, residence or otherwise. Any user subject to these restrictions must not access the Site.

 Arbitration

Any dispute, controversy, or claim between us arising out of or relating in any way to the services you receive from us will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this agreement to arbitrate (“arbitration agreement”). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to General Counsel, 100 Wooster Heights Road, Danbury, CT 06810 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.

The arbitration will be conducted by JAMS under its applicable rules unless otherwise stated herein. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.

If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel.

You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us.  This arbitration agreement will survive termination of the Terms.

Enforceability

If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS (or another chose arbitral forum), then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in the section titled “Governing Law; Jurisdiction” shall govern the claim.

Jury Trial and Small Claims Court

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

Class Action Waiver

Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

These Terms shall be governed by the laws of Connecticut without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of Connecticut to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under the section titled “DISPUTE RESOLUTION” above.

If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).

No failure of ARKA to enforce any of its rights under these Terms will act as a waiver of such rights.

The captions and headings appearing in these Terms are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms, nor in any way affecting them.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site and block IP addresses.

Please review our Privacy Policy for information on how we collect, use, disclose and otherwise manage personal information we collect on the Site, and the measures we take to safeguard the information.

If you have any questions, comments or concerns regarding these Terms, please contact us by completing and submitting the “Contact Us” form available at arka.org.