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Subscription Agreement Version for Printing

SUBSCRIPTION AGREEMENT

IN ORDER TO COMPLETE THE SUBSCRIPTION PROCESS, YOU MUST INDICATE YOUR ACCEPTANCE OF THIS SUBSCRIPTION AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED BELOW.  CLICKING ON THE “I ACCEPT” BUTTON SHALL BE DEEMED YOUR CONCLUSIVE ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT AS IT APPLIES TO YOUR ACCESS TO AND USE OF THE ONLINE SERVICES PROVIDED BY LNA CORPORATION (“LNA”) THROUGH ITS WEB SITE LOCATED AT ARKYVER.COM ON A SUBSCRIPTION BASIS.  UPON COMPLETION OF THE SUBSCRIPTION PROCESS, YOUR ACCESS TO AND USE OF THE SERVICES SHALL BE DEEMED YOUR CONTINUED AND CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT, INCLUDING ANY MATERIALS AVAILABLE ON THE LNA WEB SITE AND INCORPORATED BY REFERENCE HEREIN, INCLUDING BUT NOT LIMITED TO LNA’S WEB SITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CLICK THE “I DECLINE” BUTTON DISPLAYED BELOW.  IF YOU CLICK ON THE “I DECLINE” BUTTON, YOU WILL NOT BE ABLE TO PROCEED WITH THE SUBSCRIPTION PROCESS FOR THE SERVICES AND YOU MAY NOT ACCESS OR USE THE SERVICES.

DEFINITIONS

In addition to other terms defined elsewhere in this Agreement, the following terms are defined for purposes of this Agreement as follows:

“Agreement” means this Subscription Agreement and any Subscription Forms submitted via the Site, and any materials available on the LNA web site located at arkyver.com and specifically incorporated by reference herein, as such materials may be updated by LNA from time to time in its sole discretion.

“Authorized Users” means the users authorized by a Subscriber to use the Services and which have registered with LNA.

“Content” means any and all audio and visual information, documents, software, products and services contained in the Services or made available by LNA to Subscribers (and their Authorized Users, if any) in the course of providing the Services, not including Uploaded Data.

“Effective Date” means the date this Agreement is accepted by selecting the “I Accept” option displayed below.

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

“License Term” means the period during which a Subscriber is licensed to use the Services pursuant to the applicable Subscriber Form and subject to the terms of this Agreement.

“Subscriber Form” means the form evidencing your initial subscription for the Services specifying, among other things, the Services contracted for, the term of the subscription, the applicable fees, the billing period and the Authorized Users, such Subscriber Form to be incorporated into and to become a part of this Agreement.

“LNA Technology” means all of LNA's proprietary technology (including software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) used or made available by LNA to Subscribers and their Authorized Users, if any, in the course of providing the Services, including any downloaded platform application licensed to them by LNA on a subscription basis.

“Services” means the on-line services identified during the subscription and ordering process, developed, operated and maintained by LNA, accessible via the Site or through any downloaded platform application licensed to you by LNA on a subscription basis and to which you are being granted access under this Agreement, including the LNA Technology and the Content. 

“Site” means the web site located at arkyver.com or another web site or IP address designated by LNA.

“Subscriber” means each individual or entity that completes and submits an Subscriber Form, has been authorized to use the Services and has been assigned and supplied a User ID and Password by LNA.

“Uploaded Data” means any and all audio, video, text, data, information or materials that Subscribers (or their Authorized Users, if any) upload, input or submit to LNA in connection with and in the course of using the Services.

SUBSCRIPTION PROCESS

Following your acceptance of this Agreement, you may complete the online subscription process for the Services by completing the online Subscriber Form.  Upon completion of the registration process and acceptance of your subscription request by LNA, you, as the Subscriber, will be assigned and supplied a user identification (“User ID”) and password (“Password”) by LNA that will allow you to access and use the Services.  In addition, to the extent applicable, LNA will assign each of your Authorized Users a User ID and Password.

You, as the Subscriber, shall be responsible for ensuring that each of your Authorized Users complies with the terms of this Agreement.  

Your (and to the extent applicable each of your Authorized User’s) right to use the User ID and Password shall terminate immediately upon termination of this Agreement.

You agree and acknowledge that LNA reserves the right, in its sole discretion, to reject your subscription request for the Services without any further obligation to you at which time this Agreement shall be deemed terminated without any further obligations by LNA.

You shall be responsible for all activity occurring under your account, including without limitation the acts and omissions of each of your Authorized Users.

You agree to abide by all applicable laws in connection with your use of the Services, including those related to Intellectual Property Rights, data privacy, international communications and the transmission of technical or personal data. 

The Services, including any downloaded platform applications, may be used only for lawful purposes and in a lawful manner.

By downloading, installing or using any downloaded platform application licensed to you by LNA, you agree to comply with all applicable laws and regulations, including those that may govern its use, and to respect all applicable third party rights.  You may not rent, lease, lend, sell, redistribute or sublicense such application.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of such application(s), any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).  Any commercial or promotional distribution, publishing or exploitation of any downloaded platform application licensed to you by LNA is strictly prohibited.  Any attempt to do so is a violation of the rights of LNA and its licensors.  If you breach this restriction, you may be subject to prosecution and damages. 

You further agree to notify LNA immediately of any unauthorized use of any User ID and Password or account or any other known or suspected breach of security and to report to LNA immediately any unauthorized use of the Services by any third party, including any unauthorized copying or distribution of Content or Uploaded Data that is known or suspected by you.

WEB SITE TERMS OF USE AND PRIVACY POLICY

LNA’s Web Site Terms and Conditions of Use, located at http://arkyver.com/en/WebSiteTermsAndConditions, and Privacy Policy, located at http://arkyver.com/en/PrivacyPolicy, are incorporated herein by reference.  LNA reserves the right to modify its Web Site Terms and Conditions of Use and Privacy Policy in its reasonable discretion from time to time.  In the event of any conflict between this Agreement and the Web Site Terms and Conditions of Use or the Privacy Policy, this Agreement shall control.  LNA’s Privacy Policy governs disclosures relating to the collection and use of information by LNA that personally identifies Subscribers (or their Authorized Users, if any).  Personally identifying information provided to LNA during the subscription process or otherwise in connection with the Services are subject to said Privacy Policy.

LICENSE GRANT TO THE SERVICES AND RESTRICTIONS

LNA provides use of its platform the Services, including any downloaded platform applications, as a service on a subscription basis. Subscriber’s license to access and use certain features of the Services may be restricted in accordance with the Subscriber level at which Subscriber has subscribed as set forth in the applicable Subscriber Form.

For the term of this Agreement, subject to payment of the fees as set forth in the applicable Subscriber Form and to the terms and conditions set forth in this Agreement, LNA hereby grants you a non-exclusive, non-transferable, worldwide limited right and license to use the Services, subject to the terms and conditions of this Agreement.  You may use the Services and any downloaded platform application licensed to you on a subscription basis by LNA (and any updates thereof) on multiple mobile devices that you own or control.  All rights not expressly granted to you are reserved by LNA and, if applicable, its licensors.

You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Content in any way; (ii) modify or make derivative works based upon the Services or the Content; (iii) “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. 

You may not share with or otherwise authorize any third party to use the User ID and Password assigned and supplied to you by LNA to access and use the Services. Neither you nor your Authorized Users, if any, are permitted to access the Services using the User ID and Password of any other Authorized User.  You shall be solely and exclusively responsible and liable for any access to the Services by any person or entity who gains access to the Services through the use of your or any of your Authorized User’s User ID and Password.

You may not copy decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any downloaded platform application licensed to you by LNA, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of LNA’s rights.
 
SUBSCRIBER UPLOADED DATA

LNA does not own any Uploaded Data submitted, uploaded or otherwise input through the Services.  You, as the Subscriber, not LNA, shall have sole responsibility for verifying (i) that you have all Intellectual Property Rights necessary to upload, input or submit your Uploaded Data and to permit their access through the Services and (ii) the accuracy, quality and integrity of all of your Uploaded Data.  LNA shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.

By making an Upload, Subscribers and their Authorized Users, if any, automatically grant to LNA, a royalty-free license and right to use, host, store, reproduce and create derivative works from such Upload (such as those resulting from changes LNA may make so that Uploaded Data work better with the Services).

You, as the Subscriber, warrant and represent that you will not (i) post, upload, input or submit through the Services any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere or disrupt the integrity or performance of the Services and/or the data contained therein; (iii) attempt to gain unauthorized access to the Services and/or their related systems or networks; (iv) impersonate another user of the Site or provide false identity information to gain access to or use the Services; or (v) post, upload, input or submit through the Services any Upload that violates or infringes on the Intellectual Property Rights, proprietary or contractual rights, privacy rights and/or publicity rights of any third party or that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful.

You further warrant and represent that you will access, view, store and distribute Uploaded Data through the Services solely for lawful purposes in the course of using the Services and in compliance with the specific terms and conditions applicable to the Services to which you subscribed.

LNA does not represent or guarantee the truthfulness, accuracy, reliability or non-infringing nature of any Uploaded Data input, submitted, uploaded or otherwise made available through the Services by Subscribers (or their Authorized Users, if any) or endorse any statements, representations or opinions expressed by Subscribers (or their Authorized Users, if any). 

LNA is not responsible for screening or monitoring Uploaded Data input, submitted, uploaded or otherwise made available through the Services by Subscribers (or their Authorized Users, if any).  If LNA is notified of Uploaded Data input, submitted, uploaded or otherwise made available through the Services allegedly in violation of this Agreement, LNA may investigate the allegation and determine in good faith and its sole discretion whether to remove such Uploaded Data.  LNA shall have no liability or responsibility to users or others for performance or nonperformance of such activities.  Nor shall LNA be responsible for any wrongful actions or misconduct of Subscribers (and/or their Authorized Users, if any) or any activity occurring under their accounts during the course of their use of the Services.  LNA, however, reserves the right (but has no obligation) (i) to expel Subscribers (and/or their Authorized Users, if any) and prevent their further access to the Services, or any portion thereof, who, in its sole discretion, LNA deems to be in violation of this Agreement and/or the law; and (ii) to remove any and all Uploaded Data that, in its sole discretion, LNA deems to be in violation of this Agreement and/or applicable laws.

INTELLECTUAL PROPERTY OWNERSHIP

LNA alone (and/or its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the LNA Technology, the Content and the Services.  This Agreement is not a sale and does not convey to Subscribers (or their Authorized Users, if any) any rights of ownership in or related to the Services, the LNA Technology, the Content or the Intellectual Property Rights owned by LNA.  Neither Subscribers nor their Authorized users, if any, shall acquire any rights in and to the LNA Technology, the Content or the Services other than as set forth herein.  The LNA name, the LNA logo and the marks associated with the Services are service marks of LNA, and no right or license is granted to use them.

THIRD PARTY INTERACTIONS

During the course of using the Services, Subscribers and/or their Authorized Users, if any, may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Services.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between Subscribers and/or their Authorized Users and the applicable third party.  LNA shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Subscribers and/or their Authorized Users and any such third party. 

CHARGES/PAYMENT OF FEES/BILLING AND RENEWAL

You agree to provide LNA with complete and accurate billing and contact information when opening an account with LNA.  This information includes your legal name, street address, e-mail address, telephone number and credit card information.  You agree to update this information within ten (10) days of any change to it.  If the information you have provided is false or fraudulent, LNA reserves the right to terminate your access to the Services in addition to any other legal remedies.

You agree to pay the subscription fees and any other charges for the Services (including any applicable taxes) in accordance with the fees and billing terms in effect at the time a fee is due and payable in accordance with your Subscriber Form.  Renewal charges will be based on the then-current fees in effect at the time of renewal.  LNA agrees to provide you at least thirty (30) days prior written notice of a fee increase, which shall be effective upon renewal.  All fees and other charges will be billed to the credit card you provide to and  through our service provider.  With regard to your credit card information, it is sent directly to our payment service provider who processes your subscription order.  The credit card information is neither recorded nor stored by LNA, and it can only be accessed by our payment service provider.  Specifically, your credit card details are sent directly to our payment provider over a secure SSL-encrypted connection. They are not processed on our servers at any stage of the transaction.   All fees and charges are nonrefundable.

If you believe any fees or charges to your account are incorrect, you must contact us in writing within thirty (30) days of the date of the bill containing the amount in question to be eligible to receive an adjustment or credit.

LNA will make reasonable attempts to contact you when your subscription is due to expire, and offer a process for renewing your subscription.  If your subscription expires, your access to the Services will terminate without additional notice.  Any special offers or discounts obtained upon your initial subscription or any renewals may not necessarily be offered on each renewal.  You agree and acknowledge that LNA reserves the right, in its sole discretion, to reject your subscription renewal request for the Services without any further obligation to you.

TERMINATION

This Agreement commences on the Effective Date and terminates upon the expiration of the then current License Term, unless otherwise renewed. 

LNA, in its sole discretion, may terminate your Password, account or use of the Services if you materially breach or otherwise fail to comply with this Agreement.  Any breach of your payment obligations or unauthorized or unlawful use of any Uploaded Data, Content, LNA Technology and/or Services will be deemed a material breach of this Agreement.  In addition, LNA may terminate a free account at any time in its sole discretion.  You agree and acknowledge that LNA has no obligation to retain your Uploaded Data, and may delete it, in the event this Agreement is terminated or expires for any reason.

Upon termination, all licenses and use of the Services granted herein automatically expire and you will have to further right to use the Services.

All provisions of this Agreement relating to proprietary rights, disclaimers, limitation of liability, indemnification and payment, and any obligations which either expressly or by their nature are to continue after the termination of this Agreement shall survive and remain in effect.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless LNA and its licensors, their respective affiliates, subsidiaries and related companies and their respective employees, officers, directors, agents and representatives, from and against any and all claims, actions, demands, damages, liabilities, losses, fees, expenses, penalties and costs (including reasonable attorneys’ fees and costs) arising from and/or in connection with  (i) your breach of this Agreement; (ii) your acts or omissions in connection your use of and access to the Site and/or the Services; (iii) your Uploaded Data; and/or (iv) your violation of any third party rights, including without limitation any copyright, property, privacy or publicity right. No settlement which may adversely affect LNA’s rights or obligations shall be made without LNA’s prior written approval. LNA reserves the right, at its own expense and upon notice to you, to assume exclusive defense and control of any such claim or action, at which point your corresponding indemnification obligation will end.  Your defense and indemnification obligation will survive this Agreement and your access and use of the Services.

INTERNET ACCESS/DELAYS

Use of the Services, including any platform application licensed to you by LNA, will require internet and data access from which you shall be responsible and subject to your internet access provider terms and conditions of use.  In no event shall LNA be liable for any internet or data access fees or other charges incurred by you in connection with your use of the Services. Any such fees and charges shall be your sole responsibility.

LNA's Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. LNA is not responsible for any delays, delivery failures, or other damage resulting from such problems.

DISCLAIMER OF WARRANTIES

LNA AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) OR ANY UPLOADED DATA OBTAINED FROM OR THROUGH THE SERVICES.  LNA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LNA AND ITS LICENSORS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LNA’S AND/OR ITS LICENSORS’ AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL LNA AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA), INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OR UPLOADED DATA OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT OR UPLOADED DATA, EVEN IF LNA OR ITS LICENSORS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THEN THE LIABILITY OF LNA AND/OR ITS LICENSORS WILL BE LIMITED TO THE FULLEST POSSIBLE EXTEND PERMITTED BY APPLICABLE LAW.

LOCAL LAWS AND EXPORT CONTROL

LNA, through the Site, provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control and other U.S. agencies. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

LNA and its licensors make no representation that the Services are appropriate or available for use in other locations outside the United States.  If you use the Services from outside the United States, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of other countries.  Any diversion of the Services and/or any Content obtained from or through the Services contrary to United States laws is prohibited.

NOTICE

All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to be delivered when sent by e-mail upon electronic confirmation thereof.  Notices to LNA must be sent to: notice@arkyver.com. Notice to you will be sent to your address or e-mail address on record as provided by you during the online subscription process.  Either party may change its address or e-mail for purposes of this section by giving notice as provided hereunder.

MODIFICATION TO TERMS

LNA reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services.  You are responsible for regularly reviewing this Agreement.  Continued use of the Services after any such changes shall constitute your consent to such changes.

SEVERABILITY

If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction, (i) the remaining terms and provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and (ii) the invalid term or provision shall be replaced by such valid term or provision as comes closest to the intention underlying the invalid term or provision.

SURVIVING PROVISIONS AND LIMITATION ON CAUSES OF ACTION

Any provision which must survive in order to allow LNA to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your access to or use of the Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has and you hereby waive any longer statute of limitations that may be permitted by law.

MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and/or its subject matter shall be an appropriate state or federal court located in the Commonwealth of Massachusetts.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.  Any changes to this Agreement must be made in writing, signed by an authorized representative of LNA to be binding on LNA.  No joint venture, partnership, employment, or agency relationship exists between you and LNA as a result of this Agreement or use of the Services.  The failure of LNA to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LNA in writing.  This Agreement, together with any and all materials incorporated herein by reference, comprises the entire agreement between you and LNA with respect to the Services and your use of the Site and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. You may not assign this Agreement without the prior written approval of LNA. Any purported assignment in violation of this provision shall be void.



Terms and Conditions Version for Printing

WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY

Welcome to arkyver.com (the “Site”).  Your access to and use of the Site is subject to these Terms and Conditions of Use (“Terms of Use”) and all applicable laws.  The Site is operated by LNA Corporation (“LNA”) from its offices within the United States.  LNA makes no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.  LNA may change or modify these Terms of Use, in whole or in part, at any time by updating this posting without prior notice to users or liability.  By accessing, browsing and/or using the Site, including all content, materials and information made available on or accessed through the Site - whether you are a "Visitor" (which means that you simply browse the Site) or a "Registered User" (which means that you have registered with or subscribed to the online services provided by LNA) - you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws.  The terms "you" or "user", as used in these Terms of Use, refer to a Visitor or a Registered User.

PROPRIETARY RIGHTS

The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names and other material, made available on or accessed through the Site (collectively, the “Materials”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by LNA or its licensors and are protected under both United States and foreign laws.  Your use of the Site does not grant to you ownership of any of the Materials.  Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of LNA, its licensors or the otherwise applicable rights holders.

The trademarks, service marks, logos, taglines, slogans and trade names (collectively, the "Marks") displayed on the Site or on the Materials are registered and unregistered Marks of LNA, its licensors or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders.  All Marks not owned by LNA that appear on the Site or on the Materials are the property of their respective owners.  Nothing contained on the Site or on the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or on the Materials without the written permission of LNA or the otherwise applicable rights holders.  Your misuse, including any unauthorized use, of the Marks displayed on the Site or on the Materials is strictly prohibited.

LIMITED LICENSE

Subject to your compliance with these Terms of Use, you may (a) access and view the Materials on the Site on your computer or other device and (b) download any of the Materials displayed and identified on the Site as specifically available for downloading solely for your own internal use and lawful purposes, provided that you retain all copyright and other proprietary notices contained in the Materials.  Any rights not expressly granted herein are reserved.  Notwithstanding the foregoing, any other Materials that are made available on or accessed through the Site with their own subscription and license terms, conditions and notices shall be governed by such terms, conditions and notices.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, LNA does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.  You may not mirror the Site or any of the Materials on another web site or in any other media.

USE RESTRICTIONS AND PROHIBITED CONDUCT

Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of LNA, LNA’s licensors or the otherwise applicable rights holders.  Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site or any of the Materials.  You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Materials, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.  You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site.

You agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (c) use the Site or any of the Materials in violation of LNA's or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or any of the Materials in violation of any applicable laws; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof) or Materials.  This provision does not prevent you from using RSS feeds that may be provided on the Site.

The Site may be indexed by search engines that survey the Web and are available to the public generally.

REGISTRATION AND LOGIN/USER REPRESENTATIONS

Registration and/or login are required, among other things, to access certain portions of our Site, to access certain portion of our Site and/or online services, to subscribe to our online services, to create an account and to obtain certain information or materials from LNA.

By registering, you represent and warrant to LNA that: (a) you are 18 years of age or older and of at least the age of majority in your state of residence as of the time you register as a Registered User; (b) all information provided by you to LNA during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) you will not use the Site, any of the Materials or any other content or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.  LNA may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use and/or the law, without prior notice or liability.

As part of the registration process, you will be assigned and supplied a user identification (“User ID”) and password (“Password”) by LNA.  As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your User ID and Password or account while using the Site.  You are responsible for maintaining the security and confidentiality of your Password and monitoring and controlling access to your account.  You agree to notify LNA immediately of any unauthorized use of any account or password, or any other known or suspected breach of security.

If you no longer wish to be a Registered User, you may ask us to delete your account by contacting us through our Contact Us page located at http://arkyver.com/en/ContactUs.  We will use reasonable efforts to ensure that your account is deleted from our records.

USER UPLOADED DATA

LNA does not claim ownership of any information or material a user transmits posts or uploads to or through the Site by any means (“Uploaded Data”).

By making an Upload, you automatically grant to LNA, a royalty-free license and right to use, host, store, reproduce and create derivative works from such Uploaded Data (such as those resulting from changes LNA may make so that Uploaded Data work better with our online services).

You warrant and represent that you shall not transmit, post or upload to or through the Site any content, information or material that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.

LNA does not represent or guarantee the truthfulness, accuracy, reliability or non-infringing nature of any Uploaded Data input, submitted, uploaded or otherwise made available through the Site by users or endorse any statements, representations or opinions expressed by users.  Your reliance on content, information, material, statements, representations or opinions contained in Uploaded Data made to or through the Site by other users shall be at your own risk.  Any product claim, statistic, quote or other representation about a product and/or service contained in an Uploaded Data should be verified with the applicable manufacturer or provider.

LNA is not responsible for screening or monitoring Uploaded Data made to or through the Site by users.  If notified by a user of any Uploaded Data made to the Site allegedly in violation of these Terms of Use, LNA may investigate the allegation and determine in good faith and its sole discretion whether to remove such Uploaded Data or any portion thereof.  LNA shall have no liability or responsibility to users for performance or nonperformance of such activities.

LNA reserves the right not to post or to remove any information or material posted, uploaded, inputted or submitted to the Site for any reason, including, without limitation, any Uploaded Data that, in its sole discretion, it deems to be in violation of these Terms of Use and/or applicable laws.

The foregoing is not intended to apply to any Personal Information (as that term is defined below), the use of which is governed by the Site's Privacy Policy.

SITE AND MATERIALS DISCLAIMER

The Site and/or the Materials are not promised or guaranteed to be correct, current or complete, and they may contain inaccuracies or typographical errors.  LNA makes no representations about the accuracy, reliability, completeness or timeliness of any of the Materials or of any other content, materials or information displayed, distributed or made available on or accessed through the Site, including statements, representations or opinions expressed by users in their Uploaded Data.  You acknowledge that any reliance on any such content, materials or information will be at your sole risk.  LNA will not be responsible for any loss, however arising, from use of, or reliance on any such content, materials or information.

DISCLAIMER OF WARRANTIES

THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, LNA HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, ABSENCE OF SERCURITY INTERESTS, LIENS, OR ENCUMBRANCES, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OF FITNESS FOR PARTICULAR PURPOSE, AND QUIET ENJOYMENT.  WITHOUT LIMITATION, LNA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS OR OF ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR SAID CONTENT, MATERIALS OR INFORMATION.

LNA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, THE MATERIALS OR OF ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LNA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE OR THE MATERIALS.  LNA MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LNA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY UPLOADED DATA BY USERS, OR ANY MATERIAL, STATEMENT OR INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LNA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COPYRIGHT INFRINGEMENT CLAIMS

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Site in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent, Lenny Filatove, at:  lfilatov@lnacorp.com.  To be effective, the notification must include the following information:  (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  We suggest that you consult your legal advisor before submitting written notification, as the above-stated requirements may have changed.

In appropriate circumstances, LNA, at its sole discretion, may suspend or terminate any user’s access to the Site and/or take other action against users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

INDEMNITY

You agree to defend, indemnify, and hold harmless LNA, its officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials, your Uploaded Data, your breach of these Terms of Use and/or violation of any applicable laws.

LINKS

The Site contains links to third-party web sites.  These links are provided solely as a convenience to you and not as an endorsement by LNA of the content, materials or information available on such third‑party web sites.  LNA is not responsible for the content, materials or information available on linked third‑party sites and does not make any warranty or representation regarding same.  Nor does LNA make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content, materials or information appearing thereon or any of the products or services described thereon.  Links do not imply that LNA endorses, or is affiliated or associated with, the linked-third-party site.  If you decide to access linked third‑party web sites, you do so at your own risk.

PRIVACY POLICY

In order for you to access certain portions of the Site, you may be asked to provide information that may personally identify you, such as your e-mail address, and, on an optional basis, your name, address and telephone number ("Personal Information").  If you communicate with us by e-mail or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information.  LNA’s information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site's Privacy Policy, which is located at http://arkyver.com/en/PrivacyPolicy and incorporated herein by reference.

TERMINATION/SUSPENSION

LNA reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Materials at any time and/or to restrict, suspend or terminate your access to the Site and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

MISCELLANEOUS

The Site is based in the Commonwealth of Massachusetts, United States of America.  LNA makes no claims that the Materials or any other content, materials or information displayed, distributed or made available on or accessed through the Site are appropriate or may be downloaded outside of the United States.  Access to the Site and/or such materials may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the Commonwealth of Massachusetts.  If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect.  No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  These Terms of Use constitute the entire agreement between you and LNA with respect to the use of the Site.  Any changes to these Terms of Use must be made in writing, signed by an authorized representative of LNA to be binding on LNA.  Notwithstanding the foregoing, LNA, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time.  Changes in the Terms of Use will be effective when posted.  Your continued use of the Site and/or the services made available on or accessed through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

Effective Date: <_______________________>



Privacy Policy Version for Printing

PRIVACY POLICY
PLEASE READ CAREFULLY

Welcome to www.arkyver.com (the "Site").  LNA Corporation ("LNA", "us", "we" or "our") is committed to protecting the privacy of the users (“user”, "you" or "your") of its Site.  LNA’s Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us and in making informed decisions when using the Site.  This Privacy Policy will be continuously assessed against new technologies and business practices.  This Privacy Policy applies to the Site and governs data collection and usage at the Site.  The United States has data protection laws that may not be consistent with those of other countries.  By accessing, browsing and/or using the Site, including all content, software, functions, services, materials and information made available on or accessed through the Site, whether you are a "Visitor" (which means that you simply browse the Site) or a "Registered User" (which means that you have registered with or subscribed to the online services provided by LNA), you acknowledge that you have read, understood and agree to be bound by this Privacy Policy.  Any information provided by or through the Site will be treated in accordance with this Privacy Policy.  The terms “you,” “your” or “user” as used in this Privacy Policy refer to a Visitor or a Registered User. By using the Site, you consent to the processing of data about you in the manner and for the purposes set out in this Privacy Policy.  Please read it in its entirety.

USE OF COOKIES AND OTHER TECHNOLOGIES

We and our authorized Service Providers (as that term is defined below) may employ  cookies, clear gifs/web beacons, log files and/or other technologies to store and sometimes track information about the users of the Site.  Such information allows us to analyze site usage and user demographics, interests and behavior to better understand our users and improve our Site and user experience. 

Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a web site.  Cookies are small pieces of data that are stored by a user’s web browser on the user’s computer hard drive.  Cookies can remember what information a user accesses on a web page to simplify subsequent interactions with that web site by the same user or to use the information to streamline the user’s transactions on related web pages.  Most web browsers automatically accept cookies, but you can change your browser to prevent it from accepting cookies. If you set your browser to reject cookies, you may still use the Site, but your ability to use some areas and features/functions of the Site may be limited.

We may use both session ID cookies and persistent cookies.  We may use session ID cookies to make it easier for you to navigate the Site.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.  You can remove persistent cookies by following the directions provided in your Internet browser’s “HELP” file.

Login areas on the Site require that your browser accept session ID cookies.  We use session ID cookies to verify that you are properly signed in.

Clear gifs/web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users.  In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs/web beacons are embedded invisibly on web pages.  Clear gifs/web beacons and auditing software are used to track page views and entry and exit points to and from the Site. 

Clear gifs/web beacons, cookies, customized links, pixel tags and/or similar technologies also may be used to determine whether e-mail sent by us to Registered Users and/or electronic newsletter(s) sent by us to those who have signed up/subscribed to such newsletter(s) have been opened, the recipient’s e-mail address, the date and time the e-mail or newsletter was opened and which links are clicked. 

We may use clear gifs/web beacons and/or similar technologies to better tailor, manage, place and/or display our own and/or third-parties’ advertisements/banner ads and/or content on the Site.  We may use similar technology to tailor, manage, place and/or display advertisements/banner ads that are reflective of a user’s interests based on that user’s browsing behavior.  These technologies may be in use on a number of web pages across the Site.  When you access these pages, a non-identifiable notice of that visit is generated, which may be processed by us or by our Service Providers.  These clear gifs/web beacons usually work in conjunction with cookies.  If you do not want your cookie information to be associated with your visits to these pages, you can set your browser to reject cookies.  If you set your browser to reject cookies, gifs/web beacons and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

TYPES OF INFORMATION COLLECTED

Through the use of cookies, clear gifs/web beacons and other technologies, we and our authorized Service Providers automatically track and collect certain anonymous information about our Site traffic (collectively "Traffic Data") and store it in log files.  Traffic Data includes Internet protocol (IP) addresses, browser type, domain name, Internet service provider (ISP), referring/exit pages, advertising/promotional campaign from which the user linked to the Site, operating system and/or platform, date/time stamp, geo-location, number of page views, page or section accesses, ads viewed and interacted with, clickstream data, coupon requests, coupon prints and coupon redemptions. Traffic Data is used by us and/or our Service Providers to track users’ engagement and movements around the Site, to analyze trends, to administer the Site, to assist us in designing and arranging our web pages in the user-friendliest manner and to continually improve our Site to better meet the needs of users. 

We may place and/or display advertisements/banner ads on the Site that originate from outside advertisers and other third parties.  If you click on and/or view these ads, the advertisers/third parties may assign cookies and automatically track and collect certain anonymous information.  We do not control these cookies, nor are we responsible for any marketing or other use of your information by these outside advertisers or other third parties.

We also may use third-party advertising companies to place and/or display advertisements/banner ads when you visit the Site.  These companies may assign cookies and automatically track, collect and use certain anonymous information about your visits to the Site and other web sites in order to provide advertisements/banner ads about goods and/or services that may be of interest to you.  We do not control these cookies, nor are we responsible for any marketing or other use of your information by these third-party advertising companies.

In order for you to access certain areas and functions/features of the Site and register with LNA (become a Registered User), we may ask you to establish certain login information and provide us with information that may personally identify you, such as your e-mail address, and on an optional basis your name, address and telephone number ("Personal Information").  If you communicate with us by e-mail or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information.

You may choose not to provide us with any Personal Information.  In such an event, you can still access and use much of the Site.  You, however, will not be able to access or use those areas of the Site or participate in online activities that require your Personal Information.

In connection with the provision of our online services, we may collect and use technical data and related information, including but not limited to technical information about your devices, systems and application software that is gathered periodically, to facilitate the provision of software updates, support and other services to you (if any) related to the downloaded platform application and our online services.

If you access the Site through any downloaded platform application licensed to you by LNA on a subscription basis, we may collect your GPS location or your device's unique identifier.  In this regard, you can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone.  Each push notification has an "unsubscribe" link. We might also collect the type of mobile device you are using or the version of the operating system your device is running. We may track and collect information regarding how often you use the application on your device and/or when and how often you have downloaded it.

Participation in certain online activities at the Site may be subject to additional terms, conditions and notices and such activities shall be governed by such terms, conditions and notices.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over this Privacy Policy.

USES AND SHARING OF INFORMATION COLLECTED

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties without your consent, unless such disclosure is necessary to: (a) comply with the law or legal process served on us; (b) provide you the products, services and/or information that you may have requested; (c) protect our rights or property; (d) enforce our rights; (e) protect the interests of users of the Site or any other person; (f) operate or conduct maintenance and repair of our equipment; and/or (g) detect, prevent and/or otherwise address fraud, security or technical issues, as authorized by law; and/or (h) otherwise comply with applicable laws.

In general, we will use Personal Information only for the purpose for which such information was provided to us.  We may also use Personal Information to (a) to verify the information you provided to us; (b) to provide you with the information that you have requested; (c) to respond to your inquiries; (d) to contact you when necessary; and (e) to send you information about us, including information related to our products, services, programs or promotional activities, or about third-party products, services, programs or promotional activities that may be of interest to you.  In the case of third party products, services, programs or promotional activities, your Personal Information is not transferred to the third party.  If you sign up or subscribe to our electronic newsletter(s), we will use your name and e-mail address to send the newsletter(s) to you.

We may share your Personal Information with third parties that provide services to LNA (“Service Providers”) (including general information on the Site, credit card processing, handling and delivering of e-mail communications and electronic newsletter(s), user submitted information processing and/or storage, web analytic services, e-mail analytic services and web site hosting and other application services) as reasonably necessary for them to provide said services.  Service Providers of LNA who have access to Personal Information, however, are required to protect this information in a manner that is consistent with this Privacy Policy and not to use it for any purpose other than to carry out the services they are performing for LNA.

All fees and other charges associated with your subscription to our services will be billed to the credit card you provide to and through our Service Provider.  With regard to your credit card information, it is sent directly to our payment Service Provider who processes your subscription order.  The credit card information is neither recorded nor stored by LNA, and it can only be accessed by our payment Service Provider.  Specifically, your credit card details are sent directly to our payment provider over a secure SSL-encrypted connection. They are not processed on our servers at any stage of the transaction. 

We may use Traffic Data to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use.

We may provide Traffic Data and/or other aggregate non-personally identifying information to third parties.

If you are a Registered User or sign up/subscribe to our electronic newsletter(s) and you login to the Site or click on a link contained in an e-mail sent by us or in our electronic newsletter(s), we may link Traffic Data to your user name and password and to your Personal Information solely for our own business purposes and use, including to customize and tailor your experience on our Site, to serve and/or display specific advertisements/banner ads and/or content when you visit the Site, and to send you information about us, including information related to our products, services, programs or promotional activities, or about third party products, services, programs or promotional activities, that may be of interest to you based on your usage of and behavior on the Site. 

Notwithstanding the foregoing, we may transfer, sell or assign information concerning the Site and your use of the Site, including without limitation, Personal Information, to third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of LNA.

OPT-OUT/DISCONTINUE

If you do not wish to receive information or other material from us, you may “opt-out” of receiving these communications by sending us an e-mail at customerservice@arkyver.com or by contacting us through our Contact Us page located at http://arkyver.com/en/ContactUs.

If you sign up/subscribe to our electronic newsletter(s) and you no longer wish to receive our newsletter(s), you may also unsubscribe by emailing us at customerservice@arkyver.com.

Please note that if you are a Registered User you cannot opt-out from communications pertaining to the online activities for which you are registered, unless your account is deactivated.

CORRECT AND UPDATE YOUR PERSONAL INFORMATION

If you are a Registered User, you may review, correct and update the Personal Information previously provided to us at any time by editing your account information on the Site through My Account page.  We will use reasonably efforts to ensure that your information is corrected or updated in our records.

ACCOUNT DEACTIVATING

If you are a Registered User, you may also deactivate your account at any time through My Account page.  Once your account is deactivated, it will not be viewable on the Site. As with any website, even if a user deletes and deactivates the account, some information previously posted may still be accessible by third parties.  LNA is not responsible for the continued accessibility of the information posted by a user prior to the deactivation of his/her account.

LINKS

The Site may contain links to third-party web sites.  These links are provided solely as a convenience to you. If you access those links, you will leave the Site.  LNA does not control those sites or their privacy practices, which may differ from LNA’s practices. LNA is not responsible for the privacy practices or content of linked third party sites and does not make any warranty or representation regarding the content or accuracy of materials on such sites.  Nor does LNA make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the information appearing thereon or any of the products or services described thereon.  The personal information you choose to provide to or that is collected by these third parties is not covered by our Privacy Policy.  We encourage you to review the privacy policy of any third-party before submitting your personal information.  If you decide to access linked third party web sites, you do so at your own risk.

PUBLIC OR INTERACTIVE AREAS OF THE SITE

Information that you post on or through the public or interactive areas of the Site (such as by  using a blog, bulletin board, chat room or similar online public forum on the Site) or information that you share on social media networking sites generally is accessible to others.  You should be aware that any information, including any Personal Information, that you post there or otherwise submit to such forum and/or sites can be read, collected or used by other users/members of these forums and/or sites.  We are not responsible for any information, including any Personal Information, you choose to post on or through the Site or otherwise submit to such forums and/or sites, and cannot prevent further use by third parties of any of the information you share.

SECURITY

The Site has security measures in place intended to protect the loss, misuse and alteration of the information under our control.  We use industry standard Secure Sockets Layer (SSL) encryption when collecting your Personal Information, and we take reasonable steps to safeguard Personal Information we collect from unauthorized access or disclosure and accidental loss or alteration.

Unfortunately, no data transmission over the Internet or method of electronic storage can be guaranteed to be 100% secure.  As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us or from our Site, and you do so at your own risk.  Once we receive your transmission, we make reasonable efforts to ensure security on our systems.

NOTIFICATION OF CHANGES

We may change our Privacy Policy at any time by updating this posting.  Changes to our Privacy Policy will be effective when posted.  If at any point we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify Registered Users by e-mail. Registered Users will have a choice as to whether or not we use their Personal Information in this different manner.  Unless otherwise agreed, we will use Personal Information in accordance with the Privacy Policy under which the information was collected.  

POLICIES FOR INDIVIDUALS UNDER 13 YEARS OF AGE

We are committed to protecting the on-line privacy of children.  In accordance with the Children's On-line Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13.  If we learn that we have collected personally identifiable information from a child under the age of 13, we will delete that information as soon as possible.

ACCEPTANCE OF PRIVACY POLICY

By using the Site, you signify your assent to our Privacy Policy.  If you do not agree with this Privacy Policy, please do not use our Site.  Your continued use of the Site following posting of changes to these terms will mean you accept those changes.

CONTACT US

If you have any questions or concerns regarding our Privacy Policy or any questions about the security at our Site, you can contact us through our Contact Us page located at http://arkyver.com/en/ContactUs.

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS

Users who reside in California and have provided their personal information to LNA may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at CAPrivacy@arkyver.com.  Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.  This request may be made no more than once per calendar year.  We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

Effective Date: <_______________________>



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