Terms of Use – Roarkn
These Terms of Use (“Terms”) govern your access to and use of Roarkn’s website [www.roarkn.com] (the “Site”), including any content, features, services, or tools available on the Site (collectively, the “Services”). Roarkn (“we,” “us,” or “our”) offers the Site and Services to help users browse, learn about, and purchase adventure-ready men’s & women’s clothing, bags, and gear (the “Products”). By accessing or using the Site or Services, you (“you” or “user”) agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, do not access or use the Site or Services.
1. Eligibility to Use the Site & Services
To use the Site and Services, you must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into binding contracts. If you are using the Site on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” will refer to both you and the entity. We reserve the right to restrict access to the Site or Services to any user at our discretion, including if we believe you violate these Terms or pose a risk to our business or other users.
2. Account Registration & Management
To access certain features of the Site (e.g., placing orders, saving payment methods, tracking order history), you may need to create a user account (“Account”). When registering for an Account, you must provide accurate, current, and complete information (e.g., name, email address, password) and update this information as needed to keep it accurate. You are responsible for:
- Maintaining the confidentiality of your Account password and any other login credentials.
- Restricting access to your device to prevent unauthorized use of your Account.
- Taking immediate action to notify us at [email protected] if you suspect unauthorized access to your Account or a breach of password security.
- All activities that occur under your Account, whether or not authorized by you.
We reserve the right to suspend or terminate your Account at any time if we believe you have violated these Terms, provided false information, or engaged in fraudulent or harmful activity.
3. Permitted Use of the Site & Services
You may use the Site and Services only for lawful purposes and in accordance with these Terms. Permitted uses include:
- Browsing the Site to learn about Products, pricing, and promotions.
- Creating an Account to place orders, track shipments, and manage returns.
- Communicating with our customer service team for support related to Products or orders.
- Sharing Site content (e.g., product links, blog posts) through legitimate channels (e.g., social media) as long as you do not modify the content or claim ownership of it.
You agree not to use the Site or Services for any prohibited activities, including but not limited to:
- Accessing or attempting to access restricted areas of the Site (e.g., administrative portals) without authorization.
- Using automated tools (e.g., bots, crawlers, scrapers) to collect, copy, or extract data from the Site without our prior written permission.
- Uploading, transmitting, or sharing content that is illegal, harmful, defamatory, harassing, discriminatory, or infringing of third-party rights (e.g., copyright, trademark).
- Interfering with the functionality of the Site (e.g., introducing malware, overloading servers, disrupting navigation).
- Impersonating another person or entity (e.g., creating a fake Account using someone else’s information).
- Using the Site to commit fraud (e.g., placing orders with stolen payment information, claiming false returns).
4. Intellectual Property Rights
All content on the Site—including but not limited to product images, descriptions, logos, trademarks, text, videos, and software (the “Intellectual Property”)—is owned by Roarkn or our licensors and is protected by copyright, trademark, and other intellectual property laws worldwide. You do not acquire any ownership rights to the Intellectual Property by accessing or using the Site or Services.
You may not:
- Copy, reproduce, distribute, modify, adapt, or publicly display any Intellectual Property without our prior written consent.
- Use Roarkn’s trademarks (e.g., “Roarkn”) or logos in any way that could cause confusion among users or imply affiliation with Roarkn without our permission.
- Sell, license, or otherwise commercialize any Intellectual Property from the Site.
5. Third-Party Links & Content
The Site may contain links to third-party websites, services, or content (e.g., social media platforms, adventure blogs, payment processors). These links are provided for your convenience only, and we do not control or endorse the content, privacy practices, or terms of use of these third-party platforms. We are not liable for any loss, damage, or harm arising from your use of third-party links or content. You agree to review the terms of use and privacy policies of any third-party sites you visit and to use them at your own risk.
6. Disclaimer of Warranties
The Site and Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Roarkn disclaims all warranties, including but not limited to:
- Implied warranties of merchantability (e.g., that Products will meet your expectations or be fit for a particular purpose).
- Implied warranties of fitness for a specific use (e.g., that a hiking jacket will perform in extreme weather conditions beyond what is described in product details).
- Warranties that the Site will be error-free, secure, or available at all times (we may temporarily suspend the Site for maintenance or updates without notice).
Product descriptions, images, and specifications on the Site are provided for informational purposes only. We strive to ensure accuracy, but we do not warrant that product details (e.g., colors, sizes, features) will be error-free or that Products will exactly match the images displayed (due to differences in device screens or manufacturing variations).
7. Limitation of Liability
To the maximum extent permitted by applicable law, Roarkn shall not be liable to you for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site, Services, or Products. This includes but is not limited to:
- Damages from lost profits, data, or access to the Site.
- Harm caused by errors, omissions, or delays in Site functionality.
- Issues related to Product availability, shipping delays, or returns (except as explicitly outlined in our Terms of Purchase).
- Losses resulting from third-party links, content, or services.
Our total liability to you for any claim arising under these Terms shall not exceed the greater of (a) $100 USD or (b) the total amount you paid to Roarkn for Products in the 12 months prior to the claim. This limitation applies even if Roarkn has been advised of the possibility of such damages.
8. Indemnification
You agree to indemnify, defend, and hold harmless Roarkn, its officers, directors, employees, agents, and licensors from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Site or Services in violation of these Terms.
- Your breach of any representation or warranty in these Terms (e.g., providing false Account information).
- Your unauthorized access to or use of the Site.
- Any content you upload, transmit, or share on the Site that infringes third-party rights or violates applicable laws.
9. Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we make changes, we will:
- Post the revised Terms on the Site with an updated “Last Updated” date at the bottom.
- Notify registered users via email (to the address associated with your Account) of material changes, if applicable.
The revised Terms will take effect immediately upon posting. Your continued access to or use of the Site or Services after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of updates.
10. Termination
We may terminate or suspend your access to the Site, Services, or Account at any time, with or without notice, if:
- You violate any provision of these Terms.
- We suspect you have engaged in fraudulent, illegal, or harmful activity.
- The Site or Services are discontinued (we will provide reasonable notice of permanent termination, if possible).
Upon termination, your right to use the Site and Services will immediately cease. Sections 4 (Intellectual Property Rights), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), and 11 (Governing Law & Disputes) will survive termination.
11. Contact Us
If you have questions, concerns, or requests related to these Terms of Use, please contact our team at:
- Email: [email protected]
We will respond to your inquiry within 1–2 business days.