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Arc Grove LLC Terms of Service

Last Updated October 17, 2025

THESE TERMS OF SERVICE (“TERMS”) SET OUT YOUR RIGHTS AND OBLIGATIONS RELATING TO YOUR USE OF ARC GROVE LLC’S WEBSITE AND SERVICES. YOU SHOULD READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. WHILE ALL OF THE TERMS ARE BINDING ON YOU AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, WE ARE REQUIRED TO DRAW YOUR ATTENTION TO THE FOLLOWING PARTICULAR TERMS:

Paragraph 1 provides that, when you use Arc Grove LLC’s website or purchase goods or services from Arc Grove LLC, you will be deemed to have accepted the version of these Terms of Service in effect at that time (except as provided below).

Paragraphs 9 and 11 limit Arc Grove LLC’s total potential liability to you to the greater of the amount you have paid us for goods or services or $100, regardless of what Arc Grove LLC did to become liable to you in the first place.

Paragraph 16 provides for mandatory arbitration of any dispute you may have with Arc Grove LLC.[M2]  That means the dispute will be decided by an arbitrator instead of a judge or jury. All arbitrations will be resolved on an individual basis, meaning that claims cannot be consolidated (except as provided below) or brought on behalf of a group or class.

Paragraph 20 provides that, if you breach your obligations under these Terms and your breach causes harm to Arc Grove LLC, you will have to compensate Arc Grove LLC.

1. Applicability of Terms and Conditions. These Terms of Service (also the “Terms”) shall apply to your use of any website hosted at the domain www.arcgrove.com (the “Site”) and to any purchase of products and/or services either from Arc Grove LLC or through the Site. These Terms are subject to change at any time without prior written notice by Arc Grove LLC (referred to herein as “the Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made unless you notify us within 48 hours in writing, as provided below, that you do not accept the changes to the Terms, in which case the previous, unamended version of these Terms shall remain in effect with respect to you. Nonetheless, your purchase of goods or services from Arc Grove LLC or through the Site shall constitute your acceptance of and agreement to the version of these Terms in effect at the time of your purchase. There is no option to purchase goods or services from Arc Grove LLC without agreeing to the version of these Terms then in effect.

2. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provided when placing your order. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. If you cancel the order before we begin making your furniture, we will issue a refund minus a 3% processing fee. Once we’ve started making your order (usually within 1-5 days after payment), cancellations or returns will be allowed only on terms mutually agreeable to you and us. Cancellations and returns after we have started making your order will generally be subject to your agreement to pay a product fee as well as a processing fee, both in an amount to be determined by us.

3. Your Account. You may be required to register with us to access certain services or areas of the Site. If you create an account, your username and password[M3]  are for your personal use only and you are responsible for maintaining the confidentiality of your account information and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right, in our sole discretion, to terminate your account.

4. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document except that the provisions of these Terms limiting our liability and providing for dispute resolution through binding arbitration shall always govern). You will be responsible for the prices stated at the time of your transaction, as well as any stated (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit or debit card or use of an expressly authorized bona-fide electronic payment provider. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

5. Products. We have made reasonable efforts to display the colors and appearance of our products accurately. We cannot guarantee that your device monitor’s display of any color will be accurate. Furthermore, some of the images of products on the Site are digital renderings rather than photographs. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

6. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges unless otherwise expressly agreed. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

7. Returns. Please see our return policy here: [Link].

8. Privacy Policy. Please review our Privacy Policy, which can be found at [URL address]. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. By agreeing to our Terms and Condition you acknowledge that you have reviewed the Privacy Policy and accept its terms.

9. Website Terms of Use. All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continueto be, the property of Arc Grove LLC or our content suppliers andis protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, useor publication by you of any such content or any part of the Siteis prohibited, exceptas expressly permitted in writing by Arc Grove LLC. Under no circumstances will you acquire any ownership rights or other interest in any content byor through your use of this Site.

Arc Grove LLC grants you a limited, revocable, nonexclusive license touse this Site solely foruseinconnection potential purchases of goods or services from Arc Grove LLC andnotfor republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree nottocopy content from the Site, reverse engineer or hack into the Site, use any means to scrape or crawl any pages contained in the Site, transmit any worms, viruses, or any code of a destructive nature, oruse materials, products, or services in violation of any law. Your use of this Siteisat the discretion of Arc Grove LLC who may terminate your access anduseat any time.

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

ARC GROVE LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ARC GROVE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR ARC GROVE LLC WAS GROSSLY NEGLIGENT. INNOEVENT WILL THE COLLECTIVE LIABILITY OF ARC GROVE LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER INCONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100OR THE AMOUNT YOU HAVE PAID TO ARC GROVE LLC FOR THE USE OF THE WEBSITE OR ANY GOODS ORSERVICE IT PROVIDES.

10. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is:
Bernicker Law PLLC
3202 McKnight East Dr
Pittsburgh, PA 15237
copyright-agent@bernicker.law
484-243-0625[BBC4]

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

Our site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews, and photos (“user content”). You may also submit user content in the other ways that you interact with us such as through social media, email, and phone. When you provide us with such content you grant us, and those we work with, a license to use, host, store, reproduce, modify, and create derivative works (such as translations), publicly display, and distribute such content. This license is for the purpose of operating and improving the site, developing new products, and for marketing purposes. This license is fully-paid and royalty free, meaning that we do not owe you anything in connection with your user content, and it is also perpetual, meaning it continues even after you stop using the Site.

11. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.

(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; and (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.

(b) MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS. We do not [M5] manufacture any of the goods or services offered on our Site in any way. The availability of goods on our Site does not constitute an affiliation with or endorsement of any of the goods or their manufacturer. As such, subject to applicable law, we are providing the goods to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement(s). You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

(c) LIABILITY CAP. UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF $100 OR THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

12. Third-Party Beneficiaries. These Terms are for the sole benefit of you and Arc Grove LLC and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

13. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

14. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

15. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Governing Law/Binding Arbitration

(a) Governing Law. These Terms and any dispute relating to or arising out of your use of the Site or your purchase or use of Arc Grove LLC’s goods or services shall be governed by the internal substantive laws of the State of Delaware, including any applicable statute of limitations.

(b) Binding Arbitration. Any claim or dispute relating to or arising out of your use of the Site or your purchase or use of Arc Grove LLC’s goods or services shall be finally determined by a sole arbitrator in accordance with the American Arbitration Association’s (“AAA’s”) Consumer Arbitration Rules. The arbitrator’s decision will be final, binding, and non-appealable. Judgment on the arbitrator’s award may be entered in, and enforced by, any court of competent jurisdiction. The arbitrator shall decide any question of arbitrability, including any question as to the scope and enforceability of this arbitration agreement. Arbitration proceedings may not be brought on a class or group basis. Proceedings may be consolidated only to the extent provided by AAA’s Mass Arbitration Supplementary Rules. The seat of the arbitration will be Wilmington, Delaware.

By agreeing to arbitrate, both you and Arc Grove LLC are giving up any right we may have to bring any future dispute to court, where it would be resolved by a judge or jury, and to appeal an adverse decision. The only exception to this is that, to the extent allowed under the AAA Consumer Arbitration Rules, you or Arc Grove LLC can bring a case in a small claims court.

Under the AAA Consumer Arbitration Rules, if you initiate a claim against Arc Grove LLC, we have to pay AAA’s fees, the arbitrator’s expenses, and most of the filing fee. You are only required to pay your own expenses, such as the cost of any lawyer you may hire, and a portion of the filing fee (currently $225). Additional information about the arbitration process, and instructions for filing an arbitral claim, are available at www.adr.org.

If a claim cannot be arbitrated for any reason, the parties hereby agree that such claim shall be brought solely in the state or federal courts located in Wilmington, Delaware. The parties hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware and agree to accept service of process by mail. The parties hereby waive any and all jurisdictional and venue defenses that might otherwise be available to them with respect to such courts.

17. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

18. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time at support@arcgrove.com.

19. Accessibility. We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please contact support@arcgrove.com and we will be happy to assist you

20. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Arc Grove LLC and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

21. Entire Agreement. These Terms, along with the confirmation email referenced in paragraph 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s “Terms of Service,” “Return Policy,” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter of those documents collectively.

22. Specific Provision for New Jersey Consumers. No provision in these Terms and Conditions shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Arc Grove LLC’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Arc Grove LLC’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Service, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

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