The reason we exist. The reason that the first ever Clark Sound was created. To build a fun, quality, performance machine for both the avid angler and the recreational boater.
Last Updated: May 25, 2022
Thank You for using the ClarkSound.com website and associated content (hereinafter “Website”), which is owned, operated, or licensed by Clark Sound, LLC (“Clark Sound,” “we,” “us”). Clark Sound provides You with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”).
YOU HAVE A DUTY TO READ THIS TERMS OF SERVICE AGREEMENT.
NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Clark Sound WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
By using the Website, You manifest Your assent and agree to be bound by this Agreement. If You do not agree to the terms and conditions contained within this Agreement, You must discontinue Your use of the Website immediately. Clark Sound reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Clark Sound replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute Your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
Clark Sound hereby incorporates its Privacy Policy as if fully restated herein. You are instructed to review Clark Sound’s Privacy Policy to understand the personal and personally identifiable information that Clark Sound may collect from You when You use the Website and how Clark Sound may use that personal or personally identifiable information.
a. User Warranties
By proceeding with any transaction by and between You and Clark Sound, You warrant that You will comply with all requirements imposed by all applicable laws, regulations and administrative policies.
By using the Website, You further warrant that You are age eighteen (18) or above the age of majority within Your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If You use the Website on behalf of a business entity or other third party, You warrant that You express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that You are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
b. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Clark Sound and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that Your use of the Website is limited by the license granted under the terms of this Agreement, and You expressly agree that You will not use the Website in any manner not expressly authorized under the terms of this Agreement. Clark Sound reserves all of rights not expressly granted through this Agreement.
Clark Sound provides You with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
c. Acceptable Use Policy
When You use the Website, You agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, You agree that You are responsible for any breach of Your obligations under the terms of this Agreement and for any losses suffered by Clark Sound for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, You are expressly prohibited from:
Clark Sound reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Clark Sound also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
d. User Account
Clark Sound may provide You with the ability to register a user account (“User Account”), which may provide access to additional areas of the Website and the ability to review Your order history. Your User Account is protected by a username and password. You recognize that You are solely responsible for maintaining the security and confidentiality of Your username and password and that You are responsible for any unauthorized access to Your User Account. In the event Your User Account is accessed without Your authorization, You agree to notify Clark Sound immediately. Clark Sound reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without prior warning, including, but not limited to, for a violation of any term or condition of this Agreement. By creating a User Account, Clark Sound may contact You by any available means, including, but not limited to, by email.
e. Ordering and Payment
Payment for all orders placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between You and Clark Sound until Clark Sound accepts Your invitation to deal by performance, specifically, by shipping the ordered goods. You agree that You will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with Your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and You acknowledge and agree that Clark Sound is not responsible for any foreign transaction fees or other fees charged to You by Your financial institution or by Clark Sound’s payment processor. You agree that You will not initiate any chargebacks to Clark Sound unless otherwise authorized by Clark Sound in writing. You understand and agree that You will be responsible and required to pay for any costs associated with any chargebacks that You have initiated against Clark Sound.
All purchases made through the Website are subject to Clark Sound’s Shipping and Returns Policies, which are listed on the Website and are hereinafter incorporated by reference. Clark Sound may replace, discontinue, or modify its Shipping and Returns Policies at any time and within its sole and absolute discretion. If Clark Sound decides to modify its Shipping and Returns Policies, the modified policies will be posted by Clark Sound on the Website.
f. Export Policy and Regulatory Compliance
All sales of Clark Sound products and shipping thereof are conditioned upon successful license approval by all respective regulatory agencies. You must comply with all local, state, and federal laws in any and all relevant jurisdictions.
Restricted Products
The U.S. Department of State’s Directorate of Defense Trade Controls regulates some products we sell pursuant to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). It is Your responsibility to obtain appropriate permissions and licensing for any and all products You purchase from Clark Sound.
By purchasing any ITAR regulated product, the You warrant all of the following:
(i) that Your purchase does not require Clark Sound to export any export restricted products, unless Clark Sound receives actual written notice thereof and You have provided the appropriate U.S. Government authorization;
(ii) that You do not intend to export such items after receipt without the appropriate U.S. Government export authorization;
(iii) that You do not intend to export, transfer, sell, or furnish the restricted product to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization;
(iv) that You are aware of the definition of a foreign person under the ITAR § 120.16 (“any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3) and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions)”); and
(v) that You are a U.S. Person as defined by ITAR § 120.15 (“a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, or a “corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S., or is a governmental (federal, state, or local) entity.”).
The exportation of some products sold by Clark Sound is strictly prohibited without a valid export license issued by the U.S. Department of State, in accordance with International ITAR (22 C.F.R. 120-130) or a valid export license issued by the U.S. Department of Commerce, in accordance with the EAR (15 C.F.R. 730-774).
Restricted Parties
Similarly, the exportation, sale, or transfer of some products to restricted individuals, entities, and countries or locations identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury.
You must be aware of these lists, which can be found at the below U.S. Government websites. By proceeding with any purchase from Clark Sound, You hereby certify that You will not engage in any unauthorized transaction involving the export of any Clark Sound products to any restricted parties or destinations.
https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/denied-persons-list
https://www.export.gov/csl-search
Other Restrictions and Regulations
You are solely responsible for ensuring that Your purchase and any related exportation is in compliance with any and all third party regulations and restrictions. Clark Sound will not be held responsible for the violation of laws or regulations regarding the purchase of its products.
g. Product Availability
While Clark Sound strives to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of Your order. If this is the case, Clark Sound will contact You in a reasonable time frame to advise You of the issue. If You have time sensitive orders, please respond to Clark Sound’s notice as soon as possible.
h. Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that Clark Sound does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and You agree that Clark Sound will not be responsible for websites not under the ownership or control of Clark Sound.
i. Term and Termination
The term of this Agreement will begin upon Your first accessing of the Website and will continue until the earlier of the following: (i) Clark Sound terminates Your access to the Website; or (ii) You cease using the Website and terminate Your User Account. Clark Sound reserves the right to terminate the Website or Your access to the Website in its sole and absolute discretion and without prior notice.
j. Trademarks
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Clark Sound, including but not limited to Clark Sound, are common law or registered trademarks owned by or licensed to Clark Sound. You are expressly prohibited from using the trademarks of Clark Sound to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of Your goods or services. You are further prohibited from using the trademarks of Clark Sound in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
k. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT CLARK SOUND WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT Clark Sound'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
CLARK SOUND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
CLARK SOUND WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
l. Indemnification
You agree to indemnify, defend, and hold harmless Clark Sound, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, fines and costs and attorneys' fees, arising out of or related to (i) Your use of the Website, (ii) Your purchase of products through the Website; (iii) Your use or misuse of products obtained through the Website; (iv) Your violation of any term or condition of this Agreement; (v) Your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) Your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Clark Sound will not provide You with the ability to control Clark Sound's defense, and Clark Sound reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
m. Choice of Law and Stipulation to Jurisdiction
You and Clark Sound agree that any dispute arising out of or related to this Agreement or Your use of the Website, including, but not limited to, Your purchase of goods through the Website, will be governed by the laws of the State of South Carolina, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, You and Clark Sound agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or Your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Charleston, South Carolina or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND CLARK SOUND EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of discovery or will otherwise be barred.
n. Force Majeure
Clark Sound will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Clark Sound's control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
o. Survivability
The representations, warranties, duties, and covenants made by You under this Agreement will survive the termination of this Agreement, Your User Account, or the Website, including, but not limited to, Your duty to indemnify and defend Clark Sound.
p. Severability
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
q. Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
r. Assignment
You are expressly prohibited from assigning Your rights and duties under this Agreement. Clark Sound reserves the right to assign its rights and duties under this Agreement, including in a sale of Clark Sound or its Website.
s. Waiver, Privacy Policy, and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Clark Sound incorporates by reference its Privacy Policy as if fully stated herein.
Mobile Message Service Terms and Conditions
Last updated: 5/25/2022
The Clark Sound mobile message service (the "Service") is operated by Clark Sound LLC (“Clark Sound”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Clark Sound’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.), and promotions, specials, and other marketing offers (e.g., cart reminders)] from and on behalf of Clark Sound via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Clark Sound. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 961-0540 . Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Clark Sound mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 961-0540 or email support@Clark Soundcom.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.