Thank you for visiting our site! By accessing or using any part of ARK Technologies (ARK) website, or software as a service platform for insurance certificate compliance, including any features and services available on our site (collectively, “Website” or “Site”), or any other online services provided by ARK, on the Website or other web sites as set forth below (collectively, the “Services”, and as further defined below), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by ARK from time-to-time and posted on the Site, without notice to you (the “Terms of Service”, “Terms” or “TOS”). If you do not wish to be bound by these Terms of Service, please do not access or use any part of the ARK Website. Before you can register with ARK, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service. Your access and/or use of any part of the ARK Website shall be deemed to be and shall constitute your agreement that you have read and accepted this TOS Agreement. This TOS Agreement is effective as of February 10, 2024, for current users and, upon the latest date listed above, for new users. ARK reserves the right to determine eligibility for usage of the Website and our Services at its sole and absolute discretion.

Additional terms and conditions may govern access and use of certain web pages, functionality or Services within the Website (the “Restricted Areas”). In the event that any provision, term, condition, or guideline contained on a particular web page, or Service on the Website, or contained on a separate agreement entered into by you (or your employer) and ARK conflicts with these Terms of Service, the terms of such particular web page, Service or agreement shall control over these Terms of Service. The Terms also apply to any additional services and/or products that ARK makes available from time to time. For the purposes of this Terms of Services agreement, the words “You”, “Your” and “User” means you or the person, or entity visiting the ARK Website and/or using ARK products and services.

ARK, via its internet website at www.arkrisk.io, and through ARK Technologies corporate services, provides the non-exclusive and non-transferable access to ARK’s proprietary, automated document review online software platform (or other websites as set forth below) for analyzing insurance certificates, contracts or other comparable data (“Documents”), and, unless expressly stated otherwise, any enhancements, modifications, upgrades or updates, which individually and in totality shall be governed by this Terms of Services.

Pursuant to the terms of the Privacy Statement, ARK may utilize de-identified, aggregated User Data (defined below) to improve the Website or Services as long as User Data is publicly identified. Not all Services described in our Site are available to all persons.

ARK reserves the right at any time, for any reason and in its sole discretion, to modify or discontinue, temporarily or permanently, the Website (or any part thereof), including the Restricted Areas (as further defined), with notice. You agree that ARK shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website, provided that any payments for access to the Restricted Areas will be refunded on a prorate basis.

By using the Website or any Services, it is your responsibility to know, understand and abide by ARK’s rules of use. These rules are not meant to be all inclusive, and ARK reserves the right to determine in its sole discretion what types of conduct it considers to be inappropriate use of the Website and to take such measures as it deems appropriate. ARK reserves the right to update, append or otherwise revise this list of rules at any time and in its sole discretion. You agree that ARK is and at all times shall be the sole and final arbiter as to what constitutes inappropriate conduct or content, that its decisions with respect thereto may be modified or amended at any time without notice or liability to you and that all of ARK’s decisions in this regard by their very nature may be subjective and shall at all times be final and conclusive.

You agree that you shall not:

• Post content or items in an inappropriate category or areas on the ARK Website or Services;
• Violate any laws, third party rights, or our policies;
• Use the ARK Website or Services if you are under the age of 18, or are temporarily or indefinitely suspended from the Website;
• Post or publish false, inaccurate, misleading, defamatory, or libelous content;
• Post or publish personal information about yourself, unless expressly requested or provided written consent by ARK to do so;
• Post or publish personal information about others;
• Post or publish any information that would allow anyone to identify you or others, unless expressly requested to do so by ARK;
• Distribute or post spam, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm ARK, or the interests or property of ARK users or the interests or property of any other person;
• Copy, modify, or distribute content from ARK or ARK copyrights and trademarks obtained from the ARK network, including, without limitation, engaging in the practices of “screen scraping”, “database scraping” or any other activity for the purpose of collecting information;
• Reverse engineer, disassemble, decompile, modify, adapt, or hack the Website or any Service;
• Rent, sublicense, re-sell, assign, distribute, time share or otherwise commercially exploit the Website or any Service;
• Access the Web Site or Services, or content contained therein to develop a product or Service that competes with ARK’s Website or Services.

You agree that ARK may, in its sole discretion and at any time and for any reason, terminate your access to and use of the ARK Website, Services, or any part thereof, with notice. You further agree that use of the ARK Website and any of the Services may be immediately terminated or suspended, at the option of ARK, if you violate these Terms of Service.

You, the User, retains all right, title and interest in the Documents, any reports or related output derived by the ARK platform based upon a review of the Documents, and any data the User uploads or enters into the Website, as further governed by the Privacy Statement (“User Data”). By registering on and utilizing the ARK Website, you hereby agree to and grant ARK a non-exclusive license to use the Documents, provided, however, that such use by ARK does not publicly identify, or permit others to publicly identify User Data, nor to identify any personal identifiable information belonging to individuals.

With the exception of Documents provided by you, ARK Website content including, but not limited to, all information, text, messages, images, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Website (collectively, “Content”) is owned by ARK and/or third parties with all rights reserved unless otherwise noted. You may download, view and print Website Content solely for your internal business purposes, subject to the restrictions set forth in this TOS and such other agreements as may be entered into between you and ARK.

You acknowledge that all third-party Content posted on, transmitted through or linked via the Website is the sole responsibility of the third party originator of such Content. You agree that the use of and reliance on any Content is at your own risk, and that under no circumstances whatsoever shall ARK be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or otherwise. Except as expressly permitted in this TOS Agreement, you may not reproduce, modify, distribute, sell, transfer, publicly display, transmit, or otherwise use the ARK Website, or any other Content appearing on the Website. You may not copy or modify the HTML code used to generate web pages on the Website.

ARK and/or its vendors, partners, and any suppliers of Content may discontinue or make changes to products, services (including the Services) or content (including the Content) at any time without notice to you and without any liability to you. Any dated information is published as of its date only and no guaranties, warranties or covenants are made with respect to any published information (dated or undated) as to its completeness or accuracy. While ARK from time-to-time may update, append, revise or otherwise modify any dated or undated information for the purpose of providing what it believes, in its sole and absolute discretion, to be timely and improved information, ARK and any other provider of such information are not obligated in any manner whatsoever to update, append, revise or modify such information and the failure to do so shall not result in any liability on the part of ARK and/or any other provider of such information.

By registering on the Website or Services for any reason, you agree to provide accurate, current and complete information about yourself as prompted (“Registration Data”). You agree to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or ARK has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, ARK may deny you access to areas requiring registration and may refuse to provide any or all of the Services to you, at its sole and absolute discretion.

The Website may contain some features that require registration, including but not limited to the Restricted Areas. At the time you register for online account access, you will be prompted to select a unique Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality and security of your Password and are fully responsible for all uses of your Password, whether by you or others. You agree (a) to keep your Password confidential and not share it with anyone else; and (b) immediately to notify ARK of any unauthorized use of your Password or account or any other breach of security. ARK cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that ARK is authorized to act on instructions received through use of your Password, and that ARK may, but is not obligated to, deny access without prior notice if we believe your Password is being used by someone other than you, or for any other reason. You acknowledge, consent and agree that ARK may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS or such other agreements as may be entered into by you and ARK or third-parties; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer services; or (v) to protect the rights, property, or personal safety of ARK, its users and the public.

Use of the ARK website is provided free of charge. Usage fees between ARK and the User of Restricted Areas shall be subject to the terms and conditions of such other agreement(s) as may be entered into for the purpose of defining the compensation to ARK for services provided. ARK reserves the right to start charging for free areas of the Web Site at any time. Nothing contained in the terms of agreements made by ARK shall limit the ability of ARK to accept, or the right of ARK to receive, compensation that differs from the compensation called for in other agreements it has entered into or is in addition to compensation called for in such other agreements.

Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the Website, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ARK shall not be responsible or held liable for any loss, claim or damage of any sort related to, arising from, in connection with or incurred as the result of any such dealings or the presence of such third parties on the Website or linked through the Website.

The Website may provide links to other websites or resources (together, the “Resources”) for informational purposes and/or to assist you in navigating the Website. Because ARK has no control over such Resources, you acknowledge and agree that ARK is not responsible for the availability of such Resources and does not endorse and is not responsible or liable for any content made available by such Resources. You further acknowledge and agree that ARK shall not be responsible or liable, directly or indirectly, for any damage, claim or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Resource.

All right, title, ownership and intellectual property rights in and to the Website and the Services are owned by ARK Technologies, Praetorian, LLC, and/or any and all affiliates of ARK. You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. With the exception of any confidential or proprietary information that (a) is or subsequently becomes publicly available without breach of any obligation or duty owed to ARK, (b) was known to you prior to ARK’s disclosure of such information to you or (c) is independently developed by you without reference to ARK’s confidential or proprietary information, you agree not to modify, rent, lease, loan, sell, disclose or distribute any such confidential or proprietary information, in whole or in part, at any time.

If you have a dispute with one or more users, third-parties, or such other parties as would have the same relationship as a user or third-party, you release ARK from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any and all such disputes.

ARK makes every effort to ensure that any and all information you provide ARK, including, but not limited to, Registration Data and other information that you may provide at other times during your use of the Website, shall be maintained in accordance with Privacy Statement, which is incorporated by reference into these TOS.

You hereby agree to indemnify and hold ARK, Praetorian, LLC, its Affiliates, successors, assigns, officers, members, employees, agents, and partners harmless from any and all damages, losses, claims and demands, including, but not limited to, reasonable attorney fees and costs, made, demanded or incurred by you, your affiliates, employees, agents and/or representatives and/or by any third-party due to, arising out of, related to and/or in connection with your use of the Website, any transaction due to, arising out of, related to and/or in connection with your use of the Website, violation of this TOS Agreement by you and/or your affiliates, employees, agents and/or representatives, your violation of any law or rights of a third party and/or your breach or violation and/or alleged breach and/or alleged violation of any agreement you enter into or which any of your affiliates, employees, agents and/or representatives enter into.

You hereby agree that no agency, employment, partnership, joint venture, or similar relationship is intended or created as a result of this Agreement or your access or use of the Website. ARK’s performance under this TOS is subject to existing laws and legal process, as amended from time to time, and nothing contained herein limits the rights of ARK to comply with such laws or to control and regulate your access to or use of the Website or information provided to ARK in relation to such use.

While ARK will make reasonable commercial efforts to provide you with continuous, uninterrupted access to the Website and Services, access to the Website and Services may, from time to time, be unavailable, delayed, limited or slowed decremented due to things outside of the control of ARK. These include, among other things:

• Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines, connections, and other electronic and mechanical equipment;
• overload of system capacities;
• software failure, including among other things, viruses, bugs, errors, configuration problems, system incompatibility, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or other irregularities within particular website content, including that provided by third-parties;
• interruption (whether partial or total) of power supplies or other utilities or services;
• damage caused by weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water, flood, explosion, mechanical breakdown or natural disasters;
• strike or other stoppage (whether partial or total) of labor;
• governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other intervention; or
• any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the reasonable control of ARK.

ARK Technologies is the common business name, public name, internet name and “doing business” name of Praetorian, LLC, a New York limited liability company (“Praetorian”). Any reference in these TOS to ARK Technologies or to ARK or to Praetorian shall be deemed to be and include, to the same extent as if expressly set forth in each instance and shall constitute a reference to Praetorian and to any Affiliate of Praetorian. “Affiliate” means any company or entity in which Praetorian has, directly or indirectly through one or more entities, an ownership interest or in which any member of Praetorian has, directly or indirectly through one or more entities, an ownership interest. Any indemnity provision, any disclaimer by ARK, any agreement to protect ARK from damages, claims or losses, or any similar language, protections, disclaimers or agreements within these TOS or any other agreement entered into by you and ARK or any Affiliate of ARK, and running in favor of ARK, shall be deemed to include, protect, indemnify, defend and save and hold harmless ARK, Praetorian, all Affiliates of ARK and/or Praetorian and each and every owner, member, employee, agent, officer, director, partner, subsidiary, sub-subsidiary, joint venturer, attorney, broker, principal, fiduciary and every other representative of ARK, Praetorian and all Affiliates of ARK and Praetorian and the respective successor, assigns, heirs-at-law and legal representatives of each and every of the foregoing. Every contract or agreement entered into by you and ARK shall be deemed to include and incorporate these TOS notwithstanding that such contract or agreement might fail to expressly reference, include or incorporate these TOS.

YOU UNDERSTAND AND HEREBY AGREE THAT ARK TECHNOLOGIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, PROFIT, GOODWILL, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES IN CONNECTION WITH, RELATED TO OR THAT MAY ARISE FROM: (i) THE USE, PERFORMANCE OF, OR INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE PROVIDING OF OR FAILURE TO PROVIDE SERVICES, WHETHER BY ARK OR ANY OTHER PROVIDER OR VENDOR MADE AVAILABLE ON OR THROUGH THE WEBSITE, (iii) UNAUTHORIZED ACCESS TO THE WEBSITE OR ALTERATION OF YOUR TRANSMISSIONS OR RELATED DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITE, AND ALL OTHER USE OF THE WEBSITE, IS MADE AVAILABLE, UNDERTAKEN AND DONE AT YOUR SOLE DISCRETION AND SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES RELATED TO, ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA.

THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT COVENANT, REPRESENTATION OR WARRANTY OF NATURE WHATSOEVER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ARK AND THIRD-PARTY SERVICE AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE ACCURACY, CORRECTNESS, VERACITY, ADEQUACY, COMPLETENESS, VALUE OR TIMELINESS OF THE WEBSITE, THE SERVICES AND THEIR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARK OR THROUGH OR FROM THE WEBSITE, OR THROUGH SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. ARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The relationship between you and ARK and this Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of New York. In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then such unenforceable provision shall be deemed modified so as to be enforceable (or if not subject to modification then eliminated herefrom) for the purpose of those procedures to the extent necessary to permit the remaining provisions to be enforced. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder. ARK may delay or forebear in exercising any rights, powers, privileges or remedies available to ARK under law, these TOS or any other agreement without losing or waiving any such rights, powers, privileges or remedies.

This TOS, together with any additional terms and conditions specific to a particular property [additionally incorporated by reference herein], constitutes the complete and final agreement between you and ARK with respect to use of, and Content on, the Website. Headings are for reference purposes only and do not limit the scope or intention of such section and have no legal or contractual effect. All amended terms shall automatically be effective immediately following posting on the Website.

ARK may give general notices related to the Website and the Services that apply to all users by email, in-app notifications, or posting them through the Website or applicable Service. Other notices under applicable agreements must be in writing and sent to the business mailing or email address specified in writing by You, such as in the Order Form as applicable. Notices are deemed given when received.