Terms & Conditions
Welcome to Arcena Technologies LLC. By using our website, app, or any of our related services, products, and software, you agree to be bound by these terms and conditions, herein referred to as "Terms."
To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. The following words: "we," "our,""us," and "Arcena Technologies," refer to our company, Arcena Technologies, LLC. These Terms will also apply to any affiliate or designated representative of our company.
We may make changes to any these Terms at any time. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should leave our platform now.
Privacy Policy
We collect contact information from anyone placing an order with our company, contacting us for information, and those who sign up to receive our newsletter or other notifications. We use this information only for communicating about orders, answering questions, and notifying of product/service offers. We do not share this information with any other party except those acting as our agent or representative. And we do not collect IP addresses or any other information from those who only view our website or products.
Information on Our Site
We try to be as accurate as possible with the information we provide and publish. We make reasonable efforts to accurately display the attributes of the products we sell. We do not guarantee that the product descriptions or other content is accurate, complete, or error-free. Prices and promotions are subject to change and may vary from those offered at various locations or platforms. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you on what you may want us to do in consideration of the discrepancy.
Paying for Your Order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use. For special-delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
Order Confirmation
Our order confirmation to purchasers does not guarantee our acceptance of the order. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you by the email address you provided. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
Proprietary Rights
All content produced or published by our company, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively referred to as “Content”), is protected by copyright, trademark, patent, and/or other proprietary rights. These rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is protected as a collective work under the U.S. and international copyright laws, and our company owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Other company logos and other trademarks that we may use are owned by, licensed to, or, where required, used with permission by our company and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User-Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with our company in numerous ways, including by giving reviews, ratings, videos, questions and answers, community forums, testimonials, and email communication. You hereby grant our company a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow our company to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted as a review or rating of a company or products/services we sell. You also grant us the right to use the name and social media handle that you used when you shared content with us about our company or products. When you share content with us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references to other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please contact us and provide the following information in writing:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
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Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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To notify us you believe a copyright has been infringed, contact us through email, phone, or fax at:
Phone: 404-585-2874
Fax: 404-585-2874
​Disclaimers and Limitation of Liability
We make no representation or warranty that any of our services or products will meet your requirements or that it will uninterrupted, secure, or error-free.
Any warranty on any product sold by our company is provided by the manufacturer of that product. To the fullest extent permitted by applicable law, our company will not be liable for any indirect, incidental, or consequential damages attributable to your use of any product or service bought from our company. The limitation set forth in this section will not limit or exclude liability for personal injury or damage caused by products or services purchased from our company caused by gross negligence, intentional, willful, reckless, or malicious conduct, or fraud.
Links to Third-Party Websites
Any links to other sites operated by third parties [“Third-Party Site(s)”] are available for your convenience for other services or more information. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export
Certain software or other materials that you may obtain from our company may be subject to export controls. You must comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
Security
You are responsible for maintaining the confidentiality of your account and password. You are also responsible for restricting access to your computer or device to protect your Arcena Technologies account security. You agree to not share your account credentials with others.
You may use our website and/or app only for lawful purposes. Activities including, but not limited to, tampering with any of our technology, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on our website or app are prohibited.
You may not violate or attempt to violate the security of our company, including by doing any of the following:
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Access data not intended for you or logging on to a server or an account that you are not authorized to access
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Use any of our technology or platforms for unintended purposes or trying to change the behavior of any of our technologies
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Attempt to probe, scan, or test the vulnerability of a system or network, or breach security, or authentication measures without proper authorization
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Attempt to interfere with service to any user, host, or network, including without limitation via means of submitting a virus to any company digital assets, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”
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Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting
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Forge communications on behalf of our company (impersonating Arcena Technologies) or fraudulently representing yourself as our company representative
You may not send unsolicited or unauthorized emails on behalf of Arcena Technologies, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software, routine, or data to interfere or attempt to interfere with the proper working of our technology or our actions. You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any of our digital assets other than the search engine and search agents we provide and publicly available browsers.
Dispute Resolution by Binding Individual Arbitration
Any dispute involving our company or any of our representatives/agents must be resolved through individual arbitration, except as follows:
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A dispute that is within the jurisdictional scope and amount of a small claims court.
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A dispute or claim that is the basis for an effort to enjoin infringement or other misuse of intellectual rights, which may be brought in any court with competent jurisdiction.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with our company, agents/representatives of our company, and any present and future subsidiaries, affiliates, and designees (including, but not limited to, GreatCall, Lively, Geek Squad, Magnolia, and Pacific Sales), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation:
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Your use of Arcena Technologies’s websites
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Your membership in any of our company's loyalty or rewards program
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Your receipt of delivery, repair, or installation services or consultation services provided by our company or our agents
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Any communications between you and our company
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Application for financing
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Your purchase of products or services offered, sold, or distributed by our company, including, but not limited to, any dispute arising from the advertising of, or the sales practices related to, such products and services. If you are member of our rewards or loyalty program, dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination in the program, including any claims that are the subject of a purported class action litigation.
By agreeing to arbitration, you understand and agree that you are waiving your right to other dispute resolution processes, such as court action or administrative proceeding. Arbitration rules are different. There is no judge or jury, less discovery, and limited appellate review Arbitrators can award the same damages and relief that a court can award.
Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand to our registered agent:
CT Corporation System, Inc.,
100 South Fifth Street, Suite 1075
Minneapolis, MN 55402.
The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules; however, we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 except in the following circumstances:
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The claims fall within the jurisdictional scope and amount of an appropriate small claims court and, despite the requirement in this provision that such claims be brought in small claims court, you instead filed with AAA
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The arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose [as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)], then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse our company for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
You may bring a claim on the behalf of a class or any other person. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and ourcompany agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
If for any reason a claim may proceed in court rather than in arbitration, both you and our company waie any right to a jury trial, unless such waiver is unenforceable. Therefore, when allowed, any claim through the courts will be decided by a judge.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services. Any amendments to this dispute resolution provision shall not affect any then–active or pending arbitration proceeding.
Applicable Law
The Federable Arbitration Act and other applicable federal law will govern these terms. If such federal laws do no apply, the the state laws of Georgia will apply.