Last updated: February 10, 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY AFFECT YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND THE PROVIDER OF THIS WEBSITE ARE RESOLVED.

The arkmobileapp.com web site, and other related services (the “Service” or “Services”) are operated by Wander Corporation (“Wander” or the “Company”), the developer of the ARK mobile application. The Service provides an interactive website enabling users to review information about the Company’s products, request that the Company assign a Username for use when the ARK mobile application is released, and use the provided links to find the application in the Apple and Google stores. By using any part of the Service, you agree to be bound by the terms and conditions in this agreement.

General Account Terms

As a condition of using the Service, you agree that you will:

• Be a human 18 years or older who has the legal capacity to enter a contract. Use by minors, or through “bots” or other automated methods is not permitted.
• Use the Service only for legal and authorized purposes. You must not use the Service in a way that violates any laws or regulations in your jurisdiction.
• Maintain the secrecy and security of any password you select.

As a condition of access to the Service, you agree that you will NOT:

• Access, or attempt to access, any information of the Company that is not intended to be publicly available on the Site, including without limitation the personal information of other site users.
• Provide a name that is not yours, an email address that you are not authorized to use, or a mobile number that is not yours, in using the Service or requesting information using the Service.
• Use the Service to transmit unsolicited email, advertisements, SMSs, “spam” messages, worms, viruses or any links or code of a destructive nature.
• Modify, adapt, hack, or interfere with the operation of the Service.
• Create or operate another application, website, or service, or transmit email or SMS messages, to falsely imply that any such actions are associated with the Company’s Services.
• Reproduce, duplicate, copy, sell, resell or exploit (i) any portion of the Service, or (ii) access to any portion of the Service without the Company’s express written permission.
• Misrepresent your identity to avoid enforcement of any Company policies, terms, or conditions.
• Use an automated data gathering and extraction tool (e.g. a spider, robot or scraper) to access the Service and/or harvest data, except for the purpose of indexing content in a recognized search engine.
• Violate acceptable use policies (as determined in the Company’s sole discretion from time to time) for communications and behavior relating to the Service. For example, requesting assignment of (or being assigned) a Username that is profane, unlawful, threatening, abusive, libelous, defamatory, pornographic, obscene, contains slurs,
  impersonates another person, and/or is otherwise objectionable, are grounds for refusing to allow that Username, and/or immediately terminating your authorization to use the Service. Additional examples of actions that violate the Company’s acceptable use policies include violation of any party’s intellectual property or personality rights, and any communication with the Company or other users that the Company considers to be offensive in the Company’s sole discretion.

The Company may enforce its acceptable use policies where applicable, but is not obligated to enforce these policies against any User.

The Privacy Policy at arkmobileapp.com, as amended from time to time, is a part of this Agreement and is incorporated herein by reference.

Cancellation, Termination, and Assignment of Usernames

The Company, in its sole discretion, may refuse to provide access, or suspend or terminate your access to the Service, for any reason or no reason, at any time.

You may be invited to request assignment of a Username on the Platform and/or in the ARK Application. In response to such requests, the Company assigns Usernames from time to time in the Company’s sole discretion and without undertaking any obligation to allow continued use of that Username. Thus, you have no right, title, or interest in any Username that the Company assigns to you on the Platform or in the ARK Application. The Company may at any time (and without advance notice) withdraw a particular Username from use, require that you select a new Username, and/or reassign a Username to another party, for any reason or no reason.

Modifications to the Service and Terms The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company also reserves the right to amend these Terms of Service and its policies. Changes will take effect as posted, and continued use of any Service shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at arkmobileapp.com.

Company Ownership Rights

All Company content provided as part of the Service(s) is the property of (or licensed by) Wander Corporation and is protected by U.S. and international copyright and/or other intellectual property laws. The look and feel of the website and Service(s) are also Copyright 2023 Wander Corporation, with all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or content without express written permission from the Company.

The Company’s website, including all files and images contained in or generated by the website, its look-and-feel, visual design elements, and accompanying data (collectively, “Software”) are licensed to you for display in your browser by the Company, for personal use only and not for commercial resale. The Company does not grant you any title or other intellectual property rights in the Software. You may not sell, redistribute, or reproduce any part of the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any part of the Software to a human-perceivable form.

Disclaimers and Limitations of Liability

Your use of the Service is at your own risk, and on an “as-is” and “as-available” basis. To the full extent permitted by law, the Company hereby excludes all express and implied warranties, including (without limitation) implied warranties of non-infringement, merchantability, and fitness for a particular purpose. In addition, to the extent permitted by law, the Company (and its officers, directors, agents, service providers, and employees) are not liable for any damages or losses resulting in any way from:

• Any refusal by the Company to provide access, and any suspension or termination of your account.
• Content you provide while using the Service(s).
• Unauthorized access to your account by another party, due to your failure to secure your password information, hacking by another party, and/or any other cause.
• Your use of or inability to use the Service.
• Our failure to assign any Username for your benefit, our retraction of authorization for you to use a particular Username, and/or our reassignment of a Username to another user.
• Any modification, suspension, or discontinuance of the Service.
• Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Service.
• Damage to your device(s) while using the Service.
• The accuracy of information obtained through the Service.
• Actions taken or not taken by the Company in response to violations of the Terms of Service and its other policies, as amended from time to time.
• Acts (or failures to act) of the Company’s third-party hardware, software, and network service providers.
• Your use of links to external sites or mobile applications such as the Apple store and the Google store, the actions and policies of the operators of those sites or applications, and any transactions you conduct using those sites or applications.

The foregoing exclusions of the Company’s liability apply to all forms of damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to, damages for loss of profits, goodwill, use, personal injury, or intangible losses (even if the Company has been advised of the possibility of such damages). Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. If despite the provisions herein, the Company is found to be liable for damages to you or another party, our liability is limited to the greater of (i) the amount paid to the Company for the transaction giving rise to the alleged liability and (ii) $100.

Indemnity

You will indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claim or demand (and reasonable attorney’s fees) made by any third party arising out of your breach of these Terms of Service, your improper use of the Service, or your violation of any law or other rights of a third party.

Arbitration of Disputes with the Company

Any claim or dispute arising between you and the Company that relates in any way to these Terms of Service, your use of or access to the Service, or actions by the Company in providing the Service, will be resolved exclusively through final and binding arbitration, rather than in court.

As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Prohibition of Class and Representative Actions

YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS.

Arbitration Procedure

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org.

A party who intends to seek arbitration must first send to the other a Notice of Dispute (“Notice”) describing the nature and basis of the claims the party is asserting and the relief sought. The Notice to the Company should be sent by certified mail to:

Wander Corporation
Attn: Notice of Dispute
c/o Vcorp Services, LLC
108 W. 13th Street, Suite 100
Wilmington, DE 19801

The Company will send any Notice to your email address, or to a physical address if available.

If you and the Company are unable to resolve the claims in the Notice within 30 days after the Notice is sent, either party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to the Company at the address above. If the Company initiates an arbitration it will send a copy of the completed form to the
email and/or physical address that it has for you. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Settlement offers shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in Alexandria, Virginia. If the value of the relief sought is $1,000 or less, either you or the Company may elect to have the arbitration conducted by telephone or based on written submissions.

The arbitrator will decide all claims consistent with applicable law and will honor privileges recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving other users. The arbitrator’s award shall be final and binding; judgment on the award may be entered in any court having jurisdiction thereof.

Opt-Out Procedure

YOU CAN REJECT THE ARBITRATION REQUIREMENT HEREIN BY MAILING THE COMPANY A WRITTEN NOTICE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU USE THE SERVICE FOR THE FIRST TIME.

The Notice must include your name, street address, city, state and zip code, and must be signed by you. You must mail the Opt-Out notice to the address listed above. This is the only way to opt out of arbitration; the rest of the Terms of Service will continue to apply. Opting out of arbitration as provided in this version of the Terms of Service has no effect on any other or future arbitration agreements you may have with the Company, specifically including agreements in the terms of service for the ARK application.

General Terms

If the arbitration provisions above are found not to apply to your claim, the state and Federal courts located in Alexandria, Virginia will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of these courts. This Terms of Service, the Privacy Policy, and all policies posted through the Service(s) constitute the entire agreement between you and the Company with regard to use of the arkmobileapp.com website and the matters specified herein, and supersede any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service) as to those matters. The failure of the Company to exercise or enforce any of its rights shall not constitute a waiver of those rights. The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute between you and the Company. Headings are for reference purposes only and do not limit the scope or extent of any section. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions will remain in force. The provisions of these Terms of Service which by their nature are intended to survive termination will survive its termination.