TERMS & CONDITIONS
Effective as of March 1, 2017.
Welcome to Arnold Market! Our legal name is Bargary B.V.; but, we do business as Arnold Market and Arnold Market Wholesale (“Arnold Market”). Arnold Market and/or our subsidiaries and affiliates provide products, services, content, and other features (the “Arnold Market Services”) to you when you use or shop on our mobile applications, ArnoldMarket.com or our other websites and blogs, and/or other software provided by Arnold Market (the “Arnold Market Sites”). The Arnold Market Sites are owned and operated by Arnold Market.
Arnold Market provides the Arnold Market Services and the Arnold Market Sites subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on the Arnold Market Sites, any terms, conditions, or policies contained in any Promotion or Promotions (as defined below), and any updates to any such terms, conditions or policies (collectively, the “Terms”).
Please review the Terms carefully. To make things a little simpler, we refer to Arnold Market and its affiliates and subsidiaries as the “Company,” “Arnold Market,” “we,” “our,” and “us. We refer to the users of the Arnold Market Sites as “you” and “your.”
BY ACCESSING OR USING THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES. If you violate the Terms, your access to and use of the Arnold Market Services and the Arnold Market Sites is unauthorized.
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS. TO REVIEW OUR ARBITRATION PROVISIONS, PLEASE CLICK HERE. TO REVIEW OUR CLASS ACTION WAIVER PROVISIONS, PLEASE CLICK HERE.
1. UPDATES TO THE TERMS
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Arnold Market Sites.
Your continued access or use of any Arnold Market Service or Arnold Market Site following the posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.
To review our provision on our right to modify the Arnold Market Sites, the Arnold Market Services, these Terms, and otherwise, please click here.
3. REGISTERING YOUR ACCOUNT
To make a purchase with Arnold Market, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create a Arnold Market account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the Arnold Market Services and the Arnold Market Sites.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Arnold Market Services and/or the Arnold Market Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Arnold Market Services or the Arnold Market Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Arnold Market Services or the Arnold Market Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Arnold Market Services and/or the Arnold Market Sites is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to support@ArnoldMarket.com.
4. USE OF THE ARNOLD MARKET SITES
We wanted to set some ground rules for your use of the Arnold Market Services and the Arnold Market Sites, your account, or Promotions that we provide, and/or your interactions with us, another Arnold Market customer, or a third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:
breach the Terms or any other agreement or policy that you have entered with us;
abuse or exploit the terms of any Promotion;
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal information;
create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of Promotions;
use the Arnold Market Services or the Arnold Market Sites for the benefit of another business for any commercial or resale purpose, including, without limitation, by placing multiple orders on one account but with multiple different shipping addresses in order to fulfill your businesses orders or reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any Arnold Market Service, Arnold Market Site, Promotion, or any part thereof, for any commercial purpose;
infringe Arnold Market’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that or upload to, distribute, or otherwise publish through the Arnold Market Sites any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under EU or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties;
refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us;
use the Arnold Market Services or the Arnold Market Sites in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you;
use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
disclose or distribute another user's personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so;
send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Arnold Market Services or the Arnold Market Sites;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Arnold Market Sites or the Arnold Market Services;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Arnold Market;
use any meta tags or any other “hidden text” utilizing Arnold Market’s name or trademarks;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or
use the Arnold Market Services or the Arnold Market Sites to test credit card behaviors.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the Arnold Market Services, the Arnold Market Sites, or a particular Promotion.
By using the Arnold Market Sites, you represent and warrant that you are either at least 18 years of age or are using a Arnold Market Site under the supervision of a parent or guardian. If you are under 18 years of age, you may only use the Arnold Market Sites with the supervision of a parent or guardian. As discussed below, you must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol.
Access and License
Subject to your compliance with the Terms and the intended use of the Arnold Market Services and the Arnold Market Sites and your payment of any costs or fees for the Arnold Market Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable limited personal license to access and use the Arnold Market Services and the Arnold Market Sites. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us. All rights not expressly granted to you in the Terms are reserved and retained by Arnold Market or its licensors, suppliers, publishers, rights holders, or other content providers.
Much of the information and data and many of the images on the Arnold Market Sites are updated on a real-time basis, and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Arnold Market Services or the Arnold Market Sites, or any portion thereof, unless expressly permitted by us in writing prior to such action. Apart from web browsers and mobile operating systems, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Arnold Market Services, the Arnold Market Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the Arnold Market Services, the Arnold Market Sites or proprietary software. You agree not to alter or misuse screenshots obtained from the Arnold Market Services or the Arnold Market Sites or use product images outside of the Arnold Market Services or Arnold Market Sites. You may not incorporate any portion of the Arnold Market Services or Arnold Market Sites into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Arnold Market Services or Arnold Market Sites or otherwise assign any rights to the Arnold Market Services or Arnold Market Sites in whole or in part.
5. PRICING, TAXES, ORDER REQUIREMENTS, GIFT CARDS, AND PROMOTIONS
Pricing and Reported Savings
In certain instances, and for certain products, we also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for bulk or wholesale sizes of products available on the Arnold Market Sites against the prices for retail sizes available on national e-commerce retail websites and mobile applications.
Items sold on the Arnold Market Sites or through the Arnold Market Services may be subject to tax or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not Arnold Market). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
Unless specifically indicated on a product’s description page, the checkout page or items sold through the Express Service (see below), Arnold Market is the seller of items purchased on the Arnold Market Sites or through the Arnold Market Services. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
With respect to those products that are not sold by Arnold Market, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Arnold Market only ships to the Europe Union countries. Other than Express orders, shipments are delivered by UPS®, FedEx®, or other private courier.
The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. If you have questions about your delivery, please contact us at support@ArnoldMarket.com.
Minimum Order Requirements and Free Shipping
We may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements for any order or attempted order placed on the Arnold Market Sites.
We may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements for any user to receive free shipping on any order placed on the Arnold Market Sites.
Terms of Promotions
From time-to-time, we may make certain offers, sales, codes, offer cards and gift codes, services, discounts, coupon offerings, promotional credits, Cash Rewards (as defined below), Arnold Market Bold (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicized on the Arnold Market Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the Arnold Market Sites or the Arnold Market Services, and may be suspended or terminated at any time by Arnold Market at Arnold Market’s sole discretion. Certain promotions shall only be applicable on repeat orders. Arnold Market determines, in its sole discretion, the method and timing for the application or implementation of any Promo Code, referral credit, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Arnold Market in its sole discretion. Only valid promotional codes provided or promoted by Arnold Market will be honored at checkout. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of promotional codes is prohibited and may constitute fraud. Discount codes must be entered at checkout. Certain Promotions shall only be applicable to first orders. Unless otherwise specified in the terms and conditions of the particular Promotion, Promotions shall never apply to orders placed through business accounts that utilize separate credit terms agreed to with Arnold Market.
Notwithstanding anything to the contrary herein, Arnold Market may, in Arnold Market's sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the Arnold Market Services, Arnold Market Sites, or third-party provider's services, subject to terms that Arnold Market establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Arnold Market; (iii) may be disabled by Arnold Market at any time for any reason without liability to Arnold Market and without notice; (iv) may only be used pursuant to the specific terms that Arnold Market establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Arnold Market reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Arnold Market determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
As a user, you agree to receive newsletters and promotional emails, including, without limitation, certain third-party offers.
Promotional, gift, or offer codes and Gift Cards
From time-to-time, we may offer qualified consumers “promotional codes,” “gift codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “promotional codes”) that are redeemable towards a purchase on the Arnold Market Sites or through the Arnold Market Services, while supplies last, and subject to certain merchandise exclusions or any other restrictions, as may be determined and communicated by us in our sole discretion. Only valid promotional codes provided or promoted by us will be honored at checkout. Other codes supplied or promoted by third parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Unless otherwise stated in a particular promotional code’s terms and conditions, each promotional code is non-transferable and valid for single use (limit one per order) on an item (or items) of merchandise as determined by Arnold Market. Promotional codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. Promotional codes must be entered in the “Apply Promo Code/Gift Card” field at checkout. Promotional codes are valid through the Arnold Market Sites only. We are not responsible for lost, stolen or corrupted promotional codes or any unauthorized use of promotional codes. Promotional codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promotional code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each promotional code. Promotional codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promotional code requirements will not be honored.
From time-to-time, in our sole discretion, we may offer “Gift Cards” for purchase by our customers. Gift Cards are redeemable only on the Arnold Market Sites and are subject to the terms and conditions in effect at the time of purchase. When available, the current Gift Card terms, if any, are available here. Gift Cards are non-transferable and do not expire. Gift Cards are not returnable or refundable for cash except in states where required by law.
Third Party Sites & Ads
The Arnold Market Services and Arnold Market Sites may contain links to third-party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Arnold Market and Arnold Market is not responsible for such Third Party Sites & Ads. Arnold Market does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and conditions apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction on or with such Third Party Sites & Ads.
Third Party Services
6. INFORMATION AND PRODUCT DESCRIPTIONS
We may include product descriptions on the Arnold Market Sites or in the Arnold Market Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Arnold Market Sites are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on the Arnold Market Sites, or through the Arnold Market Services, is not as described, your only remedy is to return it in unused condition or to seek redress from the manufacturer.
If you find a description in poor taste, please notify support@ArnoldMarket.com and it will be edited in our sole discretion.
Submissions or opinions expressed in any of the Arnold Market Services or the Arnold Market Sites are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the Arnold Market Services or the Arnold Market Sites. Unless we expressly state otherwise, the fact that Arnold Market has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in any of the Arnold Market Services or the Arnold Market Sites are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to vendor promises visible on the packaging of the product and hence in the product image within the any of the Arnold Market Services or the Arnold Market Sites.
The Arnold Market Services and/or the Arnold Market Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by Arnold Market from manufacturers, vendors, suppliers, other services, news wires, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Arnold Market Sites or through the Arnold Market Services. You agree that Arnold Market and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Arnold Market, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the Arnold Market Services or the Arnold Market Sites constitutes a recommendation or solicitation to take or not take any action.
DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.
PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU PLEASE ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
DISCLAIMER: CONTENT PROVIDED THROUGH THE ARNOLD MARKET SERVICES OR ON THE ARNOLD MARKET SITES IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE ARNOLD MARKET SERVICES OR ON THE ARNOLD MARKET SITES.
7. OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
8. REVIEWS, COMMUNICATIONS, AND CONTENT
The Arnold Market Sites may permit you, from time-to-time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” Arnold Market may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to Arnold Market through the Arnold Market Services, on the Arnold Market Sites or on other electronic communications (including through any part of Arnold Market administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with Arnold Market or the Arnold Market Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) that the content is accurate; (2) that use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. Arnold Market may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the Arnold Market Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to Arnold Market an royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that Arnold Market is free to use any ideas, concepts, feedback, and know-how you provide to Arnold Market. You grant Arnold Market the right to use the name you submit in connection with such Submissions if we choose.
Without limiting any of the foregoing, Arnold Market is free to use any ideas, concepts, know-how or techniques contained in any Submissions you send to Arnold Market for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Arnold Market does not endorse any submitted content or opinions on the Arnold Market Sites or through the Arnold Market Services and such submissions are that of the user expressing them.
9. INTELLECTUAL PROPERTY
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Arnold Market Sites are the exclusive intellectual property of Arnold Market, are licensed to Arnold Market by third parties, or are otherwise permitted to be used by Arnold Market. The collection, arrangement, and assembly of all Content on the Arnold Market Sites (the “Compilation”) belongs exclusively to Arnold Market. All software used in any of the Arnold Market Services or the Arnold Market Sites (the “Software”) is the property of Arnold Market or its Software suppliers, which is also protected by the Netherlands and international copyright laws. Arnold Market, ArnoldMarket.com, Arnold Market Wholesale and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of Arnold Market’s Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Arnold Market Sites, or in the Arnold Market Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks.
10. DISCLAIMERS OF WARRANTIES
Important: This section is important because it is a disclaimer by Arnold Market of certain warranties and liabilities. You understand and agree that Arnold Market will not assume responsibility for many items. We love our customers and we will always to try to do our best for each them, subject to all of the Terms and, specifically, these disclaimers.
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND, THEREFORE, YOUR USE OF THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES IS AT YOUR RISK. ARNOLD MARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES WILL BE SECURE; THAT THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES OR THE SERVERS THAT MAKE THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES, OR THIRD PARTIES WORKING ON BEHALF OF ARNOLD MARKET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ARNOLD MARKET OR THIRD PARTIES WORKING ON BEHALF OF ARNOLD MARKET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT:
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND
ARNOLD MARKET IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE ARNOLD MARKET SITES OR THROUGH THE ARNOLD MARKET SERVICES.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
Important: this section is important because it explains how, and the extent to which, Arnold Market limits many of its liabilities. Like many other companies, Arnold Market limits its liabilities for various reasons, including because it helps us to provide the Arnold Market Services and the Arnold Market Sites in an efficient and user-friendly manner.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER ARNOLD MARKET NOR ITS EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES, OR INFORMATION, SOFTWARE, CONTENT, COMPILATIONS, AND OTHER SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES; (ii) ANY CONTENT POSTED ON THE ARNOLD MARKET SITES OR AVAILABLE THROUGH THE ARNOLD MARKET SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE ARNOLD MARKET SITES; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES OR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES; (vii) ARNOLD MARKET’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE ARNOLD MARKET SERVICES AND THE ARNOLD MARKET SITES; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES; OR (ix) OTHERWISE ARISING OUT OF YOUR USE OF THE ARNOLD MARKET SITES, IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ARNOLD MARKET, ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARNOLD MARKET SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE ARNOLD MARKET SERVICES AND THE ARNOLD MARKET SITES IS AT YOUR SOLE RISK. PLEASE DO NOT USE THE ARNOLD MARKET SERVICES AND/OR THE ARNOLD MARKET SITES WHILE DRIVING OR OPERATING HEAVY MACHINERY.
THIS SECTION AND LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU AGREE THAT, IF ANY PORTION OF THIS SECTION IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, ARNOLD MARKET’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE ARNOLD MARKET SERVICES OR THE ARNOLD MARKET SITES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT IS RETURNED BY YOU TO ARNOLD MARKET. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE ARNOLD MARKET SERVICES AND SITES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF ARNOLD MARKET.
You agree, to the fullest extent permitted by law, to indemnify and hold Arnold Market and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Arnold Market Services or the Arnold Market Sites; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) you unconscionable commercial proacts; or (vi) any other claim that your use of the Arnold Market Services or the Arnold Market Sites caused damage to a third party. Arnold Market reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Arnold Market if and as requested by Arnold Market in the defense of such matter.
13. RISK OF LOSS
All goods and products purchased by you from Arnold Market are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
14. RETURN POLICY
All return requests must be made within fourteen (14) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen (14) days after the date of delivery are not eligible for return.
All purchases made with a Promo Code or pursuant to a Promotion are final and are not eligible for return, unless the reason for the return request is for errors or inaccuracies in the order made by Arnold Market.
Users may not return items for reason of stock or inventory balancing, offsetting unused inventory, insufficient expiry period, inability to resell items, quantity miscalculation, or reversing initial acceptance of purchased orders. All specialized or custom purchases, including, without limitation, phone orders, orders made pursuant to purchase order, business orders, discounted orders, and custom pallet orders requiring special delivery accommodations by Arnold Market, are not eligible for return, unless otherwise agreed in writing by Arnold Market, in its sole discretion.
If the Return Policy allows for a return, or we otherwise agree to a return in writing, we do not take title to returned items until the item arrives at our fulfillment center. We will only issue a refund upon receiving the returned item at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
15. MODIFICATIONS TO THE ARNOLD MARKET SERVICES, THE ARNOLD MARKET SITES, AND TERMS
Arnold Market reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Arnold Market Services and/or the Arnold Market Sites with or without notice. Arnold Market also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the Arnold Market Services, the Arnold Market Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the Arnold Market Sites or through the Arnold Market Services. As stated above, your use of the Arnold Market Sites, Arnold Market Services, any Promotion, Cash Rewards, Arnold Market Bold or any other product or service confirms your acceptance of the Terms and any such changes or modifications.
16. ARNOLD MARKET MOBILE APPLICATIONS
If you use the Arnold Market iOS app, your use of the Arnold Market Sites and Arnold Market Services is subject to this section.
Acknowledgment. Apple requires you to agree to certain terms. By using our iOS App, you acknowledge and agree that: (i) these Terms are concluded between you and Arnold Market only, and Apple is not a party to these Terms; (ii) as between Arnold Market and Apple, it is Arnold Market that is responsible for Arnold Market’s iOS app and the content thereof; (iii) Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Arnold Market iOS app or your possession and use of the Arnold Market iOS app, including, but not limited to (a) product warranty or liability claims, (b) any claim that the Arnold Market iOS app fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation; and (iv) Apple has no obligation to furnish you with any maintenance or support services with respect to the Arnold Market iOS app.
In the event of any failure of the Arnold Market iOS app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the Arnold Market iOS app (if any) to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Arnold Market iOS app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of Arnold Market will be Arnold Market’s responsibility, but only to the extent provided by these Terms. Please review these Terms in their entirety as they limit our liability as it pertains to this section and otherwise.
Apple as Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to your compliance with this section. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Maintenance and Support. Except as set forth above and to the extent required by applicable law, Arnold Market, and not Apple, is responsible for providing maintenance and support services with respect to the Arnold Market iOS app.
Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the Arnold Market iOS App or your possession and use of the Arnold Market iOS app infringes that third party’s intellectual property rights, Arnold Market, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Arnold Market app from Google Play Store
If you use the App from Google, Inc. or one of its affiliates or successors (“Google”) available through Google Play, your use of the Arnold Market Sites and Arnold Market Services is subject to this section. If there is any conflict between these Terms and the Google Play Developer Distribution Agreement and such other terms which Google designates as default end user license terms for Google Play (collectively, the “Google Play Terms”), the Google Play Terms shall apply.
17. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the Arnold Market Services and the Arnold Market Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Arnold Market Services, the Arnold Market Sites, any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
19. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
20. COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Prinses Margrietplantsoen 33, 2595 AM
Attention: Arnold Market Customer Service
21. OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Arnold Market Services or the Arnold Market Sites to:
Prinses Margrietplantsoen 33, 2595 AM
Attention: Arnold Market Customer Service
Last Updated: May 25, 2017
Data privacy is important to the Arnold Market (Bargary B.V.). This Privacy Notice ("Privacy Notice") explains how information is collected, used and disclosed by Arnold Market and applies to information collected when you use or access our online or mobile websites (such as arnoldmarket.com), products, services or applications (collectively, the "Arnold Market"), or when you attend a Arnold Market event or otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you. If you use the Arnold Market as part of an entity or organization that has an agreement with Arnold Market (like your employer or a university), the terms of that organization’s contract for the Arnold Market may restrict our collection or use of your information more than what is described in this Privacy Notice.
Please read the following carefully to understand how we will collect, use and maintain your personal information. It also describes your choices regarding use, access and correction of your personal information.
Changes to This Notice
We may change this Privacy Notice from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Privacy Notice, we will notify you more directly by email or means of a notice on the home page prior to the change becoming effective. We encourage you to review our Privacy Notice whenever you access the Arnold Market to stay informed about our information practices and the ways you can help protect your privacy.
If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to deactivate with us and stop using the Arnold Market. Your use of any of the Arnold Market after the posting of such changes shall constitute your consent to such changes.
We may collect certain user information (including personal information and/or sensitive personal information) in the following ways:
Information You Provide To Us. We collect information you provide directly to us including when you visit one of our websites, register for and/or use one of the Arnold Market.
For example, we collect information when you register with Arnold Market for an account, create or modify your profile and online account, access and use the Arnold Market (including but not limited to when you upload, download, collaborate on or share files or other information), participate in any interactive features of the Arnold Market, participate in a survey, contest, promotion, sweepstakes, activity or event, make a purchase, apply for a job, request customer support, or communicate with us via third-party social media sites.
The types of information we may collect directly from you include your name, username, email address, your picture, postal address, phone number, information about your data storage preferences, employer’s name, job title, transactional information (including services purchased or subscribed to and billing address) as well as any contact or other information you choose to provide. Please be aware that the information you choose to provide in your Arnold Market profile may reveal or identify information that is not expressly stated (for example, if you choose to provide your picture, your picture may reveal your gender. We also store the files or other information that you upload or provide to the Arnold Market ("Content") in order to be able to provide you with the features and functionality of the Arnold Market Service.
The information of third parties such as name, email address, etc. as may be provided in order to enable the functionality and features of the Arnold Market Service. For example, if you invite a user to Arnold Market, we will collect their email address in order to provide them with an invite to the Arnold Market in order to collaborate on the Content you designated.
Information We Collect Automatically When You Use the Arnold Market. When you access or use the Arnold Market, we may automatically collect information about you, including:
Usage Information: We monitor user activity in connection with the Arnold Market and may collect information about the applications and features you use, the websites you visit, the sizes and names of the files or folders you upload, download, share or access while using the Arnold Market, the Content you access and any actions taken in connection with the access and use of your Content in the Arnold Market.
Log Information: We log information about you when you access and use the Arnold Market including your Internet Protocol ("IP") address, access times, browser type and language, Internet Service Provider ("ISP"), the Web pages that you visit, the Content you use and the URL of the Web page you visited before navigating to the Arnold Market.
Device Information: If you access the Arnold Market from a mobile device, we collect information about the device, including the hardware model, operating system and version, unique device identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). We do not ask for, access or track any location based information from your mobile device at any time while downloading or using our mobile apps.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, which may include saving cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve the Arnold Market and your experience, customize your experience and preferences, allow you to access and use the Arnold Market without re-entering your member ID and/or password, understand which areas and features of the Arnold Market are most popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images (also called "gifs") that may be used in the Arnold Market or in emails that help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies and how to disable them, please see "Your Choices" below.
Third Party clear gifs: Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our website. We do not tie the information gathered to our Customers’ or Users’ personal information.
Local Shared Objects (“LSO”): We use LSOs such as HTML 5 to collect and store information in order to provide certain features on our website. Third parties with whom we partner may also use LSOs in order to provide certain features on our website or to display advertising based upon your Web browsing activity. Various browsers may offer their own management tools for removing HTML5 LSOs.
Google AdSense: We use Google AdSense to publish ads on this website. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other websites. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html.
Advertising Cookies: We partner with third parties to manage our advertising on other websites. Our third parties may use tracking technologies such as cookies to gather information about your activities on this website and other websites you visit in order to provide you advertising based upon your browsing activities and interests.
You may opt out of behaviorally targeted ads anytime by deleting your browser's cookies.
Do Not Track. Some browsers offer a “do not track” (“DNT”) option. Because no common industry or legal standard for DNT has been adopted by industry groups, technology companies or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
Information We Collect From Other Sources. We may also obtain information from third parties and combine that with information we collect through the Arnold Market. For example, we may have access to certain information from a third-party social media service if you create or log into your online account through the service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service is in accordance with the privacy notice and authorization procedures determined by the social media service.
Use of Information
We may use the information collected through the Arnold Market for the limited purpose of providing the Arnold Market and related functionality and services for which Arnold Market has been engaged. The information may be used to perform a variety of purposes, including to:
Provide, operate, maintain and improve the Arnold Market;
Enable you to access and use the Arnold Market, including uploading, downloading, collaborating on and sharing Content and sending emails on your behalf;
Send you technical notices, updates, security alerts and support and administrative messages;
Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and invoices;
Respond to your comments, questions, and requests and provide customer service and support;
Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about Arnold Market and our select partners;
Process and deliver contest or sweepstakes entries and rewards;
Monitor and analyze trends, usage, and activities in connection with the Arnold Market and for marketing or advertising purposes;
Investigate and prevent fraudulent transactions, unauthorized access to the Arnold Market, and other illegal activities;
Personalize and improve the Arnold Market, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Arnold Market;
We send you push notifications from time-to-time in order to update you about events or activities related to the Arnold Market. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we collect certain information about your device such as operating system and user identification information;
Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
Enable you to communicate, collaborate, and share files with users you designate; and
For other purposes about which we notify you.
By accessing or using the Arnold Market or otherwise providing information to us, you consent to the processing and transfer of information in and to the NETHERLANDS and other countries and territories, which may have different privacy laws from your country of residence.
Sharing and Disclosure of Information.
We will not share personal information about you or any Content with any third parties except as described in this Privacy Notice or in connection with the Arnold Market. For example, we may share personal information about you including as follows:
Vendors, Consultants and Other Service Providers: We may share your information with third-party vendors, consultants and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing, provide customer support, etc. These service providers are authorized to use your personal information only as necessary to provide services to Arnold Market and/or Arnold Market.
Corporate Account: If you are an individual Arnold Market registered user and the domain of the primary email address associated with your Arnold Market account is owned by your employer and was assigned to you as an employee of that organization, and such organization wishes to establish a Arnold Market corporate account, then certain information concerning past use of your individual account may become accessible to that organization’s administrator including your email address.
For Collaboration: We may share your information, including when you choose to use collaboration features in the Arnold Market that by their nature support sharing with third parties who you choose. Your name, email address, information from your profile and online account (including your photo), and any Content you choose to share will be shared with such third parties, and such third parties may communicate with you (such as by posting comments or emailing you) in connection with your use of the collaboration features of the Arnold Market. For example, third parties who you invite to collaborate with you as “Editors” using the collaboration features of the Arnold Market may also modify Content that you have shared, upload documents and photos to Content you have shared, share such Content outside of the Arnold Market, and provide other third parties with rights to view the Content you have shared.
Third Party Applications: Arnold Market provides you with opportunities to connect with third-party applications or services, such as through our Arnold Market One Cloud or Arnold Market application partner ecosystem. If you choose to use any such third-party applications or services, we may share information about you including your username and any Content you choose to use in connection with those applications and services, and such third parties may contact you directly as necessary. This Privacy Notice does not apply to your use of such third-party applications and services, and we are not responsible for how those third parties collect, use and disclose your information and Content. We encourage you to review the privacy policies of those third parties before connecting to or using their applications or services to learn more about their information and privacy practices.
Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and Terms of Service, (c) to protect the security or integrity of the Arnold Market, (d) to protect Arnold Market, our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person or (f) to any other third party with your prior consent.
Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Aggregated or Anonymized Data: We may also share aggregated or anonymized information with third parties that does not directly identify you.
While no service is completely secure, Arnold Market takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. For example, we encrypt your Content when it is stored in our data centers. In addition, sensitive information such as password that we request from you on the Arnold Market is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.
The servers on which personal information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any passively-collected personal information you choose to include in documents you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.
You may access your account information and our service only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
Account Information & Retention. You may update, correct or delete information about you at any time by logging into your online account and modifying your information or by emailing us at email@example.com. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice. If you wish to deactivate your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. We will respond to your access request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.
We will retain personal data we process on behalf of our customers as directed by paying customers. Arnold Market will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.
Upon request, Arnold Market will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information that we are aware of. To request this information, contact us at email@example.com.
Promotional and Newsletter Communications. You may opt out of receiving promotional and newsletter emails from Arnold Market by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing firstname.lastname@example.org with your specific request. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Arnold Market or those about your online account or our ongoing business relations.
Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. Please note that, if you choose to remove or reject browser cookies, this could affect the availability or functionality of the Arnold Market.
You can log in to our website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
Social Media Features and Widgets
The Arnold Market may include social media features. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on a Arnold Market Service. Your interactions with these features are governed by the privacy notice of the company providing it.
Community Forums and Blogs
Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
To request removal of your personal information from our blog or testimonials, contact us at the email address listed above. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent we may post your testimonial along with your name.
Links to Third Party Websites
We may place links on the Arnold Market. When you click on a link to a third party website from our website, your activity and use on the linked website is governed by that website’s policies, not by those of Arnold Market. We encourage you to visit their websites and review their privacy and user policies.
Our Policy Toward Children
The Arnold Market is not directed to individuals under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us at email@example.com. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.
Any questions about this Privacy Notice should be addressed to firstname.lastname@example.org or to Arnold Market Prinses Margrietplantsoen 33, 2595 AM, The Hague, the Netherlands.