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.

BEFORE submitting an account registration form and/or using any of these services, please read all of this agreement carefully. By accessing any areas of this site, users ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these terms and conditions, which will constitute our agreement ("agreement"). You should also read our Privacy Policy, which governs your use of this website and is referenced in this agreement. If at any time you do not agree with any part of this Agreement, you must discontinue use of this site. inkarn.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in sweepstakes or other promotions available on inkarn.com.

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.

You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the inkarn websites and/or any of its related applications or services (the "Site"); any dealings with our customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by inkarn; or our Privacy Policy (collectively, "Claims") by providing Notice to Customer Support. Unless prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or small claims court, as set forth below.

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.

Mandatory Arbitration

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 this Site, you, any Third-party, and inkarn agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by AAA ("Rules and Procedures"), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or be joined with another person's claim, or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons).


  • As an exception to arbitration, you, any Third-party, and inkarn retain the right to pursue in a small claims court located in the federal judicial district that includes you or the Third-party’s billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against inkarn, its subsidiaries or affiliates, or any service service providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void.


  • If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute ("Notice") addressed to: Legal Department, inkarn.com, 1270 Romney Rd Bloomfield hills Michigan 48304 ("Notice Address"). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If inkarn and you, or inkarn and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or inkarn is entitled.


  • The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon.


  • To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court for Michigan or, if there is no federal jurisdiction over the action, in the courts of the State of Michigan located in Fairfield County, Michigan. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action. You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall 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.


  • You and any third-party further agree that no proceeding against inkarn, its affiliates, or any service service providers or companies offering products or services through the site (under this provision or otherwise) may proceed as a class action, be joined with another person’s claim, or proceed on a basis involving claims brought in a purported representative capacity (either on behalf of the general public or other users or persons). Any and all proceedings to resolve claims will be conducted only on an individual basis. In addition, no arbitration proceeding under this provision shall be consolidated or joined in any way with any other arbitration proceeding without the express written consent of all parties.


  • For any arbitration initiated pursuant to this agreement involving Claims that together seek damages that do not exceed $25 inkarn will reimburse you for all fees and costs imposed by AAA. If you are unable to pay the filing fee, inkarn will p'ay it for you. For any arbitration involving Claims that together seek damages that exceed $25, if you, or any Third-party, prevail in the arbitration of any Claim against inkarn, inkarn will reimburse such prevailing party for any fees or costs the prevailing party paid to AAA in connection with the arbitration.


  • If you prevail in the arbitration of any Claim against inkarn and are awarded an amount greater than inkarn’s last written settlement offer to you, inkarn will pay a minimum recovery of $5 and inkarn will reimburse you for all reasonable attorney’s fees incurred in arbitrating the Claim(s) upon which you have prevailed. If any Third-party prevails in the arbitration of any Claim against inkarn and is awarded an amount greater than inkarn’s last written settlement offer to such Third-party, inkarn will pay a minimum recovery of $5 to the Third-party, and inkarn will reimburse such Third-party for all reasonable attorney’s fees incurred in arbitrating the Claim upon which he or she has prevailed. Any dispute regarding attorney’s fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to inkarn’s last written settlement offer to you, inkarn will pay only the amount of the award, not the minimum recovery or attorneys’ fees.


  • Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, inkarn will not be entitled to seek reimbursement of its attorney’s fees for any Claim the arbitrator finds to be non-frivolous.


  • With the exception of sub-part (e) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor inkarn shall be entitled to arbitrate their dispute.


  • Arbitration rules and forms may be obtained from AAA at https://www.adr.org or by calling AAA at 1-800-778-7879.


  • If you or any third-party do not choose to accept this binding arbitration provision, you or such third-party must notify inkarn in writing by certified mail within thirty (30) days of your purchase or before you begin to use the services purchased on this site, whichever date is sooner. Such notice shall be sent to the notice address defined in subsection (b), above. If you so notify us by that time that you do not accept the binding arbitration provision, you and any such third-party may not continue to purchase services or products on this site unless and until inkarn notifies you or such third-party otherwise. inkarn shall have the right to prohibit your and such third-party’s future purchase of services or products on this site.


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.

  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
  • Chargebacks arising from the Supplier’s failure to deliver a product or service in a manner that’s consistent with the Supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of inkarn.com or its subsidiaries.

Disclaimer of Warranties

  • All content contained within or available through this site are provided to you on an "as is," basis. Inkarn.com makes no representations or warranties of any kind, either express or implied, as to the operation of this website or the information, content or materials included on this website. To the fullest extent permissible, Inkarn.com disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Inkarn.com does not warrant or make any representations that this site will operate error-free or uninterrupted, that defects will be corrected, or that this site and/or its servers will be free of viruses and/or other harmful components. Inkarn.com does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this site for any purpose, including software, products, services, information, text and related graphics content.
  • Without limiting the foregoing, no warranty or guarantee is made (i) regarding the acceptance of any request,
    (ii) that a user will receive the lowest available price for goods and/or services available through this site,
    (iii) regarding the availability of products and/or services through this site or, where applicable, at any participating retailer or retailer location, or
    (iv) regarding the results that may be obtained from the use of this site.

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.


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.

  • Further, the service providers are independent providers and not agents or employees of the Covered Parties. To the extent permitted by law, the Covered Parties do not assume liability or for any injury, damage, death, loss, accident or delay due to an act or omission of a service Service Provider and do not accept responsibility for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the covered parties' control.


  • No Covered Party shall be responsible for any service Service Provider's breach of warranty, nor for any other wrongdoing of a service Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any service Service Provider's failure to comply with this Agreement or with applicable federal, state, provincial and local law


  • To the extent not prohibited by law, if, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by inkarn.com for making a Request

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:

  • your breach of this Agreement

  • your violation of any law or the rights of a third party; or

  • your use of this Site in violation of this Agreement.

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:

  • A clear identification of the copyrighted work that you claim has been infringed.
  • A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
  • Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  • 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."
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement notifications can be sent to inkarn.com by email, mail, as follows:

  • inkarn.com LLC
  • Attn: IP Counsel
  • 1270 Romney road
    Bloomfield twp
    MI 48304
    admin@inkarn.com

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:

  • access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of inkarn.com;
  • violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Site for any purpose.
  • deliver any unlawful postings to or through this Site;
  • deliver, or provide links to, any postings containing material that could be considered harmful, harassing, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, tortuous, defamatory, false, hateful or otherwise objectionable;
  • deliver any posting that infringes or violates the intellectual property of others including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  • deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  • manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  • use this Site in any manner which could damage, disable, overburden, impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  • attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

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