Terms of Use
Modification of these Conditions of Use
Clark Pacific reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Clark Pacific website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
License and Website Access
Clark Pacific grants you limited license to access and make personal use of this website and not to download or modify it, or any portion of it, except with the express written consent of Clark Pacific. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Clark Pacific. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Clark Pacific without the express written consent of Clark Pacific. You may not use META tags or any other “hidden text” which utilize clarkpacific.com or any other derivative of our domain or company name without the express written consent of Clark Pacific. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Clark Pacific so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that Clark Pacific cannot and does not guarantee or warrant that files made available for downloading through the Clark Pacific website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Clark Pacific are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
This website and related information is provided by Clark Pacific on an “as is” and “as available” basis. Clark Pacific makes no express or implied warranties, representations or endorsements of any kind or as to the operation of this website or the information, content, materials, or products included on this site. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Clark Pacific disclaims all warranties, express or implied, including without limitation, implied warranties or merchantability and fitness for a particular purpose. Clark Pacific does not warrant that this site, its servers, or email sent from Clark Pacific are free of viruses or other harmful components. Clark Pacific will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Clark Pacific uses reasonable efforts to include accurate and up-to-date information on this website. Clark Pacific assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed incorrectly, Clark Pacific shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
Certain State laws do not allow limitations on implied warranties or the exclusion or limitations 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 may have additional rights.
Third Party Links
Linked websites are not under the control of Clark Pacific and Clark Pacific is not responsible for the contents of any linked site or any link contained in a linked site. Clark Pacific provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Clark Pacific of the site.
Applicable Law
By visiting the Clark Pacific website, you agree that the laws of the state of California, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Clark Pacific.
Disputes
Any dispute relating in ay way to your visit or access of the Clark Pacific website or to the products or services you purchase through the Clark Pacific website shall be submitted to binding arbitration in Yolo County, California, except that, to the extent you have in any manner violated or threatened to violate Clark Pacific’s intellectual property rights, Clark Pacific may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Clark Pacific, its officers, directors, owners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Clark Pacific website.
International Use
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Other Provisions
Clark Pacific’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Clark Pacific may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to: [email protected] (or) by our Mailing Address:
Clark Pacific
1980 South River Road
West Sacramento, CA 95691
