Agreement between User and inkarn.com
Inkarn.com is owned and operated by inkarn.com LLC ("inkarn.com", "inkarn", or "we").
This website, along with the inkarn.com mobile site is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site and details your responsibilities, thereby limiting the liability of inkarn.com and its third-party suppliers or providers.
Arbitration and Dispute Resolution
Disputes and Arbitration
inkarn is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.
These Terms and Conditions shall be governed by the laws of the State of Michigan, United States of America, without regard to conflict of laws. All Claims or other matters in dispute between you or any Third-party and inkarn, its subsidiaries or affiliates, or any service service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall likewise be governed by the laws of the State of Michigan, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
Please read this provision carefully. It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitations apply to any claims against inkarn, its subsidiaries or affiliates, or any service service providers or companies offering products or services through the site.
In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator's decision will generally be final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.
By using our service, you accept and agree to the relevant cancellation policy of that provider. In all cases, the cancellation policy of each reservation is made available on our website. Please note that certain rates or special offers are not eligible for cancellation or change. inkarn deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the User.
Disclaimer of Warranties
General Limitation of Liability
To the extent permitted by law, in no event shall inkarn.com, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents (collectively the "Covered Parties"), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever,including but not limited to:
(i) loss of goodwill, profits, business interruption, data or other intangible losses;
(ii) your inability to use, unauthorized use of, performance or non-performance of the site;
(iii) unauthorized access to or tampering with your personal information or transmissions;
(iv) the provision or failure to provide any service;
(v) errors or inaccuracies contained on the site or any information, software, products, services, and related graphics obtained through the site;
(vi) any transactions entered into through this site;
(vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this site or any site to which it provides hyperlinks; or
(viii) damages otherwise arising out of the use of the site, any delay or inability to use the site, or any information, products, or services obtained through the site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of damages.
Indemnification and Chargebacks
You agree to defend and indemnify inkarn and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought
(i) by you or on behalf of you in excess of the liability described above; or
(ii) by third parties as a result of:
Trademark and Copyright Notice
The material and content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content, are owned by inkarn.com, inkarn.com’s corporate affiliates and/or the service Service Providers. It is possible that some trademarks, service marks and other company designations on the Site may belong to third parties and are used on the Site under license or for identification purposes only. The use of marks on the Site that belong to third parties, and the availability on the Site of goods or services from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this Site and its services by any such third party.
The Content includes but is not limited to, the following trademarks and service marks, and registered trademarks and service marks, owned by inkarn.com: inkarn, inkarn.COM.
The Content on the Site is protected under U.S. and international copyright and trademark laws. Your use of and access to the Site does not grant you any license or right to use any of the Content on the Site. It is expressly prohibited for you to use, transmit, copy or reproduce the Content in any form, including on any website or in any domain name, without authorization from inkarn.com, except if such use is for personal, non-commercial use.
Claims of Copyright Infringement
inkarn.com respects the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the Site infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:
Copyright infringement notifications can be sent to inkarn.com by email, mail, as follows:
We will not process your notice if it is incomplete. inkarn.com reserves the right to remove content on the Site alleged to be infringing without prior notice, at its sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.
Acceptable Use of the Website
You must be at least 18 years of age to be eligible to purchase, cancel or modify any services available through inkarn. Accessing materials on this Site by certain persons in certain countries may not be lawful, and inkarn.com makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States.
inkarn grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You agree to provide correct and true information in connection with your use of this Site. It is a violation of law to place a Request in a false name or with an invalid method of payment. inkarn reserves the right to cancel any service or account or any other transaction that it reasonably believes to have been fraudulently made, including by unauthorized use of a credit or debit card.
Any rights or license not expressly granted herein are reserved. The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to inkarn.com and/or its service Service Providers. Accordingly, you agree not to use this Site or its contents or information for any commercial or non-personal purpose or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your documents for service, you agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to: