Arrow Movement, LLC Website Terms of Use
Last Modified: January 8, 2022
Welcome to Arrow Movement! We look forward to helping you achieve your fitness goals. But first, we need to establish some rules of the road. These Terms of Use define our legal relationship with one another. If you have any questions or concerns, please feel free to contact us at [email protected] and we’ll do the best we can to explain them.
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Arrow Movement, LLC, a Delaware Limited Liability Company located at 16192 Coastal Highway, Lewes, DE 19958. (the “Company“, “Us”, “We”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“, “Terms”, “Agreement”), govern your access to and use of https://www.arrowmovement.com, including any content, functionality and services offered on or through https://www.arrowmovement.com (collectively, the “Website” or “Site”), whether as a guest or a Registered User.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at (https://www.arrowmovement.com/privacy-policy/), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or olde/reside in the United States or any of its territories or possessions and agree to our Health Waiver & Release of Liability (the “Health Waiver & Release”). By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Company requires You to agree to this Health Waiver & Release in order to access or use content, information, services, and products on our Site for any purpose. You hereby accept and agree to the following terms.
Your use of the Site is voluntary and subjects you to the possibility of physical or medical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, the “Risks”). Accordingly, You agree to the following:
Changes to the Terms of Use
We reserve the right to amend these Terms at any time in our sole discretion without prior notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We may attempt to notify you of such changes by sending an email to the most recent email address you provide to us if you are a registered and/or by posting notice of the changes on the Site. Your access to and/or use of the Site will be subject to the most current version of these Terms posted on the Site at the time of your access or use. We recommend that you check the Site from time to time to inform yourself of any changes in these Terms, and stay apprised of any other Policies that may be applicable; you are solely responsible for reviewing and becoming familiar with any modifications to these Terms. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Accessing the Website, Registered Users, and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Registered Users.
You are responsible for:
To access the Website or most of the resources it offers, you may be asked to provide certain registration details or other information to become a Registered User on our Site (“Registered User Membership”, or “Registered User”) [SEE REGISTERED USER MEMBERSHIP AGREEMENT SECTION FOR OTHER REQUIRED TERMS & CONDITIONS]. It is a condition of your Registered User Membership that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to become a Registered User or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (https://www.arrowmovement.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You may receive a user name, password or other confidential information as a Registered User. As part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Registered User Membership is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at [email protected]. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use and/or Registered User Membership Agreement.
General access to or use of the Site requires internet access and may require certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Site is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site.
Company does not warrant, represent, or guarantee that its Site will be available on your mobile device. If you do use a mobile device to access the Site, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Site, which are solely your responsibility.
Company may terminate or suspend your access to use the Site, and block or prevent your future access to and use of the Site, without prior notice or liability, if you breach these Terms, or for any other reason.
Registered User Membership Agreement
If you create a Registered User Membership, you agree to the additional terms and conditions defined in this section (this “Registered User Membership Agreement”).
Age Requirement. You represent and warrant that any information that you submit to us is true and accurate and that you are eighteen (18) years of age or older, or have parental/guardian consent, and are fully able and competent to enter into and abide by these Terms and/or the terms of the Registered User Membership Agreement. Some jurisdictions may have different minimum age requirements and you agree to comply with the relevant minimum age requirements in your jurisdiction.
Free Trial & Subscriptions. Company offers or may offer a range of paid subscription plans for its Registered Users, which may be selected as you set up a Registered User Membership (“Subscription”). Certain aspects of the Site may begin with or have an optional free trial period, and/or a ramping up period where you are able to explore the scope of a Registered User Membership without charge (“Free Trial”). Not all of the Registered User functionality of such may be available during a Free Trial period. We reserve the right to determine if you are eligible for a Free Trial and to discontinue any Free Trial without notice for any or no reason. We also reserve the right to modify, cancel, and/or limit a Free Trial without notice at any time.
Each Free Trial and/or Subscription term will begin on the start date as set forth in the Subscription Agreement or as otherwise set by Company (or at the end of your Free Trial) and will continue for the term length as set forth in the subscription. Your subscription will automatically renew unless you or we terminate pursuant to these Terms. The renewal terms will be for additional terms equal to the expiring subscription term and on or in connection with the current Terms and the provisions of your subscription, subject to the renewal pricing provided for in your subscription or, if not specified in your Subscription Agreement, on standard pricing as may be available through our Site. You are responsible for all fees related to your initial term as well as any renewal terms.
If you wish to upgrade your subscription level or certain portions of such, you may do so at any time within the membership section of arrowmovement.com. Any discounts applied to a previous subscription or an initial term are offered at the sole discretion of the Company and may not apply to a renewed subscription, including to any automatic renewals.
Subscription Payment & Pricing. Payment and pricing terms for your Registered User Membership are as specified in your subscription for your Registered User Membership, or as otherwise set forth by us from time to time. By creating a Registered User Membership, you agree to pay Company all subscription fees indicated and any applicable taxes in connection with your access to or use of such. All fees charged by Company are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties excluding taxes based solely on Company’s income. Subscription payments for the Registered User Membership are due within 30 days of the billing date. Company is not obligated to issue refunds, except as otherwise stated by Company.
All subscription payments due will be charged on the day you sign up for a Registered User Membership or enter into a subscription for such and will cover access to or use of such for a period as indicated or the term for which you subscribed. Payments are made for the upcoming billing cycle and are immediately due upon the first day of such. You will be billed for the relevant services, access, or content, as applicable, until you properly terminate your Registered User Membership or Company terminates your Registered User Membership. Your termination may not take effect until completion of the billing cycle for the then-current term.
We will bill the fees due under your subscription to the credit card or other payment option you provide to us or select during registration (or to a different credit card or payment option if you change your payment information) or the payment process. You acknowledge that the amount billed, including for each renewal term, may vary due to promotional offers, changes in the subscription or Site, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
You also authorize your credit card issuer, bank, or payment service to pay any amounts described herein and associated with your subscription and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account, bank account, or payment service account until you or we terminate your subscription and/or Registered User Membership as provided herein or these amounts are paid in full, whichever is later.
You represent and warrant that you are authorized to use such credit card, bank, or payment service for the purpose of purchasing a Registered User Membership. You further authorize us to store your credit card, bank, and/or payment service information. You must, of course, provide us with current, complete, and accurate billing, credit card, and registration information. At the beginning of each billing cycle, Company will make attempts to charge the applicable fee to the credit card, bank, or payment service on record, and if we are unable to process the payment due, the Registered User membership and your access to it, will be immediately disabled. You must also promptly update all billing information to keep your Registered User Membership current, complete, and accurate, and you must promptly contact Company if your credit card or other relevant account information is lost, stolen, compromised, or if you become aware of a potential breach of account security. You authorize us to obtain or determine updated or replacement expiration dates for your credit card or other payment method in the event that such, as you provided to us, expires or is terminated. We reserve the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method. If payment is not received from your credit card issuer, bank, or payment service, you agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. Unless otherwise stated, all fees are quoted in U.S. Dollars. Company reserves the right, with respect to any amount not paid when due, to charge a finance charge equal to one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid.
Termination. You are solely responsible for properly closing your Registered Use Membership if you no longer desire to pay for or use the Site as a Registered User. Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any User Account or Subscription Agreement, and such termination becomes effective at the end of the then-current subscription term. Termination is not available during any designated free trial period. To close your Registered User Membership, please email us at [email protected] or as otherwise indicated by Company from time to time. Suspension, amendment, or termination does not relieve your obligation to pay amounts due and owing to Company.
If you do not amend your subscription to another subscription, upon terminating your Registered User Membership, you will immediately lose all access to the Registered User Membership and any data or information stored in your Registered User Membership.
If you upgrade or downgrade your Registered User Membership, your credit card or other payment provider as indicated in your Registered User Membership information may be immediately charged for the new subscription fees as stated in your new Subscription Agreement. Any downgrading of your subscription becomes effective at the end of your then-current subscription term, and may cause the loss of Registered User Membership content, features, or capacity. Company disclaims liability for any such loss.
Upon suspension or termination for any reason, Company will cease providing the suspended or terminated Registered User Membership; Company shall delete or confirm you have deleted all copies of any relevant Company software or data from your webpage(s) or computers; any outstanding balance you owe to Company will become immediately due and payable and any collection expenses incurred will be included in the amount owed; you will not be entitled to any refunds of any subscription fees or any other fees, unless expressly agreed by Company; and all of your historical report data will no longer be available to you through Company. Refunds are not granted after seven (7) days after the start of your Registered User Membership, or at any time if any coupon or discount has been applied or if you have participated in the Free Trial option. You understand and acknowledge that, unless and until all Company Property is deleted from your webpage, computers, or Registered User Membership, we may continue to track data on an automated basis. Upon termination, you agree to discontinue all use of the Registered User Membership, and to delete any confidential information in your systems within one hundred eighty (180) days after the effective date of termination.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to workouts, blueprints, wireframes, drawings, photographs, graphics, user lists, user information, user contributions, user-generated content, statistical methods, community statistics, sound recordings, video recordings, printed documents, electronic documents, typewritten documents, handwritten documents, sample products, logos, graphics, prototypes, models, patents, trademarks, copyrights, software programs, subroutines, source or object code, algorithms, improvements, inventions, works of authorship, trade secrets, technology, designs, formulas, ideas, processes, techniques, know-how and data, whether or not patentable or copyrightable, discovered or developed by Company, either alone or jointly with others. (collectively, the “Company Property”) are all property of the Company, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as permitted under these Terms, Company expressly reserves all right, title, and interest in and to the Company Property.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Company Property in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the likeness and image of any Company personnel, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
User Contributions
The Website may contain message boards, personal or group statistics, chat rooms, personal web pages or profiles, forums, bulletin boards[, LIST ANY OTHER INTERACTIVE FEATURES] and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates our service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
We ask your cooperation in protecting the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to [email protected] or written documents to the address of the Designated Agent below that include the following information:
Under the appropriate circumstances, it is our policy to remove and/or to disable access from our site to webpages of infringers, to terminate subscribers and account holders who infringe, and to remove and/or to disable access from us to webpages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy (https://www.arrowmovement.com/privacy-policy/). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of Delaware in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the City of Lewes and County of Sussex, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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 WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company 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.
Entire Agreement
The Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and Arrow Movement, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by Arrow Movement, LLC, a Delaware Limited Liability Company located at 16192 Coastal Highway, Lewes, DE 19958.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].