Standard Shipping

Below are the typical shipping times we are currently seeing with our standard shipping.

• US Shipments 5 - 8 business days (ships from Illinois or California) 
• Canadian Shipments 10-12 business days (ships from Vancouver, BC or Brampton, ON)
• Australian Shipments 5 - 8 business days (ships from Altona)

**Expedited Shipping: if you want to ensure faster delivery the expedited shipping option is recommended if it's available in your region.  Expedited shipping will cut the delivery time significantly as shipping companies will prioritize those items over standard shipments.  Please note that expedited shipping is 2 FULL business days in most regions. For orders placed after 11am EST, the first full business day will begin the next day.

*PLEASE NOTE: Orders over $300 will require a signature on delivery.

If you have any questions contact customercare@godarkbags.com. Thank you for your understanding.

United States

$0.00 to $149.99 USD	$10 USD
$150+ USD	FREE
Expedited Shipping (where available)	$17

• We'll try hard to get your order to you as quickly as possible. Most orders are shipped directly from our US warehouse within 1 business day.  Most domestic deliveries still arriving within 5-8 business days.

FPO and APO

While Fleet Post Office (FPO) and Army/Air Post Office (APO) are considered non-contiguous US by our fulfillment provider, most packages are shipped as domestic and therefore we treat them as a domestic contiguous US order. However, in some cases certain few FPO and APO addresses USPS charges full international shipping rates. If this is the case with your order we will contact you, otherwise FPO and APO over $100 will be treated as free shipping.

US Territories, Canada & Other International

US Territories are considered international to FedEX, UPS and will be charged international shipping fees. These states and territories include the following; Puerto Rico, Virgin Islands, American Samoa, Federated States of Micronesia, Guam, Marshall Islands, Northern Mariana Islands, Palau, Armed Forces Americas, Armed Forces Europe and Armed Forces Pacific.

$0.00 to $149.99 USD	$15.00 USD
$150+ USD	FREE

Canada

We try our best to fulfill Canadian orders from either our office in Vancouver or warehouse in Brampton, however we do not always have stock on hand. If you would like to know where your order will be shipped from please email us at customercare@godarkbags.com.

$0.00 to $174.99 CAD	$17.00 CAD
$175+ CAD	FREE

Australia

We fulfill Australia orders from our fulfillment warehouse in Altona, Victoria, however we do not always have stock on hand. If you would like to know where your order will be shipped from please email us at customercare@godarkbags.com.

$0.00 to $174.99 AUD	$17.00 AUD
$175+ AUD	FREE

 

International

We are proud to offer service to Belgium, Denmark, Finland, France, Germany, Greenland, Iceland, Ireland, Italy, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, & United Kingdom. If you don't see your country please email customercare@godarkbags.com to see your country can be added.

Please note that all international orders require a signature on delivery.

Shipping Rates for International Orders

$0.00 to $249.99 USD	$25.00 USD
$250+ USD	FREE

• Your country may impose additional taxes or duties which you will be responsible for at time of delivery. 
• Please allow 10-15 business days for delivery (plus any additional time incurred by your country's customs or border control).
• Tracking and estimated delivery vary by country. 
• ALL Tracking & Confirmation orders require a signature to receive your order and you will need to be available during business hours to receive it.

 Questions? Please contact us at customercare@godarkbags.com.

LOST OR DAMAGED PACKAGES

Should a package be lost or damaged, it is the customer’s responsibility to report the loss to GoDark Bags so that the problem may be addressed in a timely manner.

Lost UPS packages must be reported within 30 days of the original ship date of the package.

Lost USPS packages must be reported within 90 days of the original ship date. The postal service will not allow us to open a USPS claim before 45 days from the original ship date. If you feel that your USPS package has been lost, you must submit your concern in writing so that we may open a claim with the postal service. Please be aware that claims cannot be opened after 90 days, and GoDark Bags assumes no responsibility for claims made after these time periods.

100% SATISFACTION GUARANTEED

We stand behind our products and offer a 100% Satisfaction Guarantee or your money back. Our products have been thoroughly and rigorously tested so we can provide top-quality products that will meet or exceed your expectations. If you are not completely satisfied with your purchase for any reason, simply contact us within 30 days for a full exchange or refund. Our customer care team can be reached at customercare@godarkbags.com. Please see the complete Return Policy below.

RETURNS & EXCHANGES

We only accept returns/exchanges of unused and undamaged items purchased through GoDarkBags.com. For all other returns, please refer to the store where you made the original purchase.

30 Day Refund Period -To be eligible for a refund, item(s) must be returned within 30 days of purchase in new, resalable, unworn condition with tags attached and in the original poly bag and/or cellophane wrap. Shipping costs are non-refundable.

If you received any promotional item(s) with your order and need to return the item(s) that earned you those promotional item(s), the promotional items need to be included with the return. In the event we receive returned items that are not in new resalable condition, GoDark Bags has the right to refuse to issue a refund.

US, Canadian and Australia Domestic Returns

How to Submit a Return:

1. Email CustomerCare@GoDarkBags.com with the following:

• your order#
• the email address you purchased with
• what items you would like to return.

2. To expedite a refund please include a photo of the items showing the original packaging and hang tags are still attached.
3. Customer Care will email you a prepaid return label.
4. Pack your items in the original bag or box, if possible. Remove or mark out all previous labels.
5. Once the items have been checked in the warehouse your refund will be processed minus return shipping fee(see prices below).
6. You will receive a notification from our store when the refund has been processed.

Return Shipping Fees

• US returns $8.95 USD for the first item and $1 USD for each additional item
• Canada / Australia returns $12 USD for the first item and $1 USD for each additional item
• Original shipping cost is non-refundable

International Returns

If you are returning a product for a refund from outside the contiguous United States or Canada you will be responsible for the return shipping to us and there will be a $5 restocking fee applied.

How to Submit an International Return:

1. Email CustomerCare@GoDarkBags.com with the following:

• your order#
• the email address you purchased with
• what items you would like to return.

2. To expedite a refund please include a photo of the items showing the original packaging and hang tags are still attached.
3. Customer Care provide you with the appropriate return shipping address for your region.
4. Pack your items in the original bag or box, if possible. Remove or mark out all previous labels.
5. Once the items have been checked in the warehouse your refund will be processed minus restocking fee.
6. You will receive a notification from our store when the refund has been processed.

SHIPPING CHARGES

Unfortunately, we cannot refund shipping charges on returned orders and we do not cover any shipping charges associated with your return.

REFUNDS

All refunds will be credited to your original form of payment within 3-5 business days from receiving your returned item(s) at our facility. Please note it may take your financial institution up to 3 business days to post the refund to your account based on their policies. GoDark Bags has no control over the financial institutions’ policies and cannot act as an intermediary between the customer and their financial institution. Gift Cards cannot be refunded or redeemed for cash unless required by law. Unfortunately, we cannot refund shipping charges.

EXCHANGES

If you would like to exchange your order for a different item please follow "How to submit a Return" instructions above. Once your item is checked into our warehouse we can give you store credit to purchase your exchange.

Please note with exchanges we waive the return shipping fee, however we do not give store credit on your original shipping cost.

WARRANTY

All GoDark products come with a minimum 1-year warranty. Please see individual product listings for specific warranty length. This is a limited warranty that the product is free from defects in materials and manufacturing. The warranty excludes normal wear and tear, unauthorized alterations, improper use or care, or from accidents (e.g., dropping on hard surface causing breakage). Some of our products need special care and can become damaged due to sharp objects, water or irregular use - please contact us for more information.

The warranty is limited to replacement of the product. If a replacement is not available a refund equal to the purchase price will be issued.

PRIVACY POLICY

Last Updated: November 27, 2023

This privacy notice (“Privacy Notice”) is intended to provide you with specific details about how GoDark Technologies Inc, which owns and operated godarkbags.com (“GoDark,” “we,” and “us”), collects and processes your personal and personally identifiable information through your use of its website and its associated services (collectively, the “Services”).

You understand and agree that GoDark may store and process your personal information on computers located outside of your jurisdiction, including, but not limited to, in the United States. By using the Services, you agree to the collection and processing of your personal or personally identifiable information outside of your jurisdiction.

Before using the Services or providing information to us, please carefully review this Privacy Notice. By using or accessing the Services, you agree that we may collect and use your personal and personally identifiable information in accordance with this Privacy Notice, as revised from time to time. GoDark may modify, amend, replace, or suspend this Privacy Notice at any time. If you have any questions or suggestions regarding our Privacy Notice, or if your personal information is not accurate or complete, please contact us at:

GoDark Bags
customercare@GoDarkBags.com
160 1917 West 4th Ave,
Vancouver, Canada
V6J 1M7
778-588-9534

By providing GoDark with your personal or personally identifiable data and using the Services, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are younger than eighteen (18) or the age of majority within your jurisdiction, please do not use the GoDark Services and please do not provide personal information to us.

Our Services may include links to websites or may include the use of analytics tools that are owned, operated, and maintained by third parties. GoDark does not exercise control over the privacy practices such third party websites or analytics tools, and you are encouraged to review the privacy practices of all such third-party websites or analytics tools disclosed within this Privacy Notice.

What information do we collect and how do we use it?

When you use the Services, we may collect personal or personally identifiable information from you (“PII”). PII may include any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. It does not include anonymized data.

We may collect and process the following categories of PII about you:

• Communication Data. Communication data includes any communication that you may send to us through the Services, email, or social media. We process this data to communicate with you by email or other means, to provide you with customer support, to record logs of our communication, and to store information to respond to legal claims. GoDark’s lawful ground for collecting and processing this PII is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims.
• User Data. User data includes data about how you use the Services and any data that you post to or authorize through the Services, such as your name, address, country, phone number, and email address. This includes data stored in persistent cookies when you login to the Services and analytics data that is collected when you use the Services. We collect and process this data to operate the Services, to authenticate you as a user of the Services, to ensure that timely and relevant content is provided to you, to secure the Services, to ensure that the Services operates in a fast and efficient manner, and to maintain backups of the Services. GoDark’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Services and to fulfill your orders made through the Services.
• Technical Data. Technical data includes data about your use of the Services, such as your IP address, your login data, your phone number, your mobile device model, your operating system, your geolocation, and your time zone. We may collect this data from your use of the Services and from advertising IDs. GoDark processes this data to analyze your use of the Services, to route Services traffic, to administer and secure the Services, to provide location-relevant content, and to troubleshoot problems with the Services. GoDark’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.
• Marketing Data. Marketing data includes data about your preferences in receiving and interacting with GoDark’s advertisements or content on the Services or on third party websites or applications. We collect this data from your use of the Services and from third party advertising IDs created through advertising programs, such as Google Advertising IDs, Facebook Advertising IDs, and TikTok Advertising IDs. GoDark does not connect advertising identifiers to persistent device identifiers, such as MAC addresses or mobile device IDs. GoDark’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy by providing advertisements, including remarketing advertisements, to you.
• Personally Sensitive Data. Personally sensitive data includes data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, union membership, or information about your health. GoDark does not collect personally sensitive data.
• Biometric Data. Biometric Data is any data relating to ’Biometric identifiers,’ which includes a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. GoDark does not collect biometric data.

GoDark will only use your PII for the purpose for which it was collected. If GoDark needs to use your PII for an unrelated, new purpose, GoDark will provide you with notice of this new use and will explain the lawful ground for such processing. GoDark may process your PII without your knowledge or consent where required or permitted by law.

How do we collect this information?

We collect PII from you through a variety of different means:

• Direct Collection. We may collect PII from you when you purchase products from our Website, register a User Account or for other services, contact us through the Website, via live chat, social media, or otherwise, respond to a survey, participate in a contest, or when you opt-in to receive marketing emails, or mailings from us.
• Third Party Tracking Tools. We use third party tracking tools, such as pixels, web beacons, and cookies, to automatically collect PII from you when you open, view, or click pages or links, emails, or advertisements. We disclose these third-party tracking tools below in this Privacy Notice in our disclosure of PII that we collect from third parties.
• Business Partners and Service Providers. We may, from time to time, obtain PII from our business partners or service providers. When we obtain PII from our business partners and service providers, we ensure that all such business partners and service providers have obtained consent from you to transfer all such PII to us for its intended uses.
• Social Media Networks and Other Platforms. We may obtain PII from you when you interact with our social media accounts or content posted on other third-party platforms, such as Facebook, X, or YouTube. For more information on how your PII may be disclosed by a particular social media network or platform, you are encouraged to review the privacy notices and policies of those platforms.
• Analytics Providers. We may also obtain PII from you through our use of third-party analytics providers, such as Google Analytics, Klaviyo, or Gorgias. See below for a complete list of analytics services we partner with. We may create user profiles based on PII obtained through our use of PII from third-party analytics providers to better understand your wants and needs as a customer.

What information do we collect from third parties and how do we use it?

GoDark may collect data about you through cookies and other technologies. This helps GoDark understand how you use the Services and to understand any patterns that may be associated with your use of the Services. This aids GoDark in developing or improving its Services and marketing communications in response to your needs or wants.

GoDark may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Services and are automatically deleted when you close your web browser. Session cookies may be used to direct internet traffic to a server that is closer to you or to allow us to identify you as you move between pages of the Services. Persistent cookies are stored as a file on your computer or mobile device that remains on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the Services that created the cookie when you revisit it again. GoDark may use persistent cookies to authenticate you when you return to the Services so that you do not have to login again or when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the Services. GoDark may use the following analytics providers, and you are directed to review their cookie policies:

Shopify to power our online store - https://www.shopify.com/legal/privacy
Klaviyo to manage our newsletters -https://www.klaviyo.com/legal/privacy/privacy-notice
Stamped.io to manage our customer reviews - https://www.stamped.io/privacy
PostAffiliate Pro handles our affiliate program - https://www.postaffiliatepro.com/privacy-policy/
Upfluence handles our influencer program - https://www.upfluence.com/privacy-policy
Facebook advertising partner - https://www.facebook.com/privacy/policy/
Google Ads advertising partner - https://policies.google.com/privacy
Microsoft Ads advertising partner - https://about.ads.microsoft.com/en-us/policies/legal-privacy-and-security
Google Analytics help us understand how our customers use the Site - https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Gorgias is our customer support desk - https://www.gorgias.com/legal/privacy
ShipBob - https://www.shipbob.com/privacy-policy/
AvantMetrics is used to help us understand how visitors are using our website - https://goavant.net/privacy-policy/
Yahoo Dot is used to help us understand how visitors are using our website - https://legal.yahoo.com/us/en/yahoo/privacy/index.html

GoDark may also receive data from third parties including analytics providers or advertising networks such as Google, Facebook, TikTok, or Apple. These third parties may be based outside of your jurisdiction.

How do we use your information for marketing communications?

As stated above, GoDark’s lawful ground for sending you marketing communications is either consent or its legitimate business interests, such as to grow its business by advertising products and services to you. GoDark may send you marketing communications if you have asked for information concerning its goods or services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask GoDark to stop sending you marketing messages at any time by logging into the Services to adjust your marketing preferences within your user account or by following the opt-out link in any marketing message sent to you. If you opt out of receiving marketing communications, your opt-out does not extend to PII provided for other purposes.

When do we disclose your information?

GoDark may share your PII with the following parties:

• Service providers that provide GoDark with information technology, software as a service, cloud storage, or other administrative services;
• GoDark’s accountants, auditors, insurers, or attorneys;
• Law enforcement agencies upon the receipt of a subpoena or court order or where necessary to protect GoDark’s personnel or property; and
• Government bodies that require GoDark to report its processing activities.

GoDark may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information, including when you place an order. However, no security measures are impenetrable and there are always security risks. GoDark will notify you and any regulatory body of any breach of your PII or GoDark security measures if it is legally required to do so.

GoDark has put into place data security measures to protect your PII. GoDark allows access to your PII only by employees and service providers who have a need to know or access your PII on GoDark’s instructions. GoDark will notify you and any regulatory body of any breach of your PII or GoDark’s security measures if it is legally required to do so.

Do we use cookies?

Yes, as stated above, we may use persistent and session cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We may use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

For how long do we retain your data?

We will only retain your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Notice or for the purposes of satisfying any legal, accounting, or reporting requirements. With respect to location data, technical data, usage and interaction data, and marketing data, we may retain this data for so long as it is relevant to the uses disclosed in this Privacy Notice. We may retain account data, public data, and communications data for so long as you maintain a user account with GoDark, and we may retain this data for longer periods where there is a need to retain this data to comply with GoDark’s legal obligations, such as the preservation of electronic evidence or compliance with a preservation order.

Right of Access, Rectification, Correction, Erasure, Transfer, and Withdrawal

Under the law, you may have a right to request access to your PII for rectification, correction, erasure, transfer, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact GoDark’s Data Protection Officer as disclosed in this Privacy Notice.

You do not need to pay a fee to access your PII or to exercise your rights. However, GoDark may charge a reasonable fee if your request is unreasonable or excessive.

To confirm your request, GoDark may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. GoDark will attempt to respond to all legitimate requests within thirty (30) days.

Rights of European Citizens

GoDark adheres to the EU-U.S. Data Privacy Framework (“DPF”) Principles, including the DPF’s Supplemental Principles, and complies with the Principles in handling all data from EU-citizens. GoDark is subject to the enforcement powers of the United States Federal Trade Commission (“FTC”) in relation to its handling of user data.

If you are a European citizen, you are entitled to certain rights regarding the protection of your Personally Identifiable Information and Personal Data, which are subject to limitations set forth in the EU GDPR and its applicable case law.
These rights are:

• The right to access and correct the information that GoDark processes about you;
• The right to transfer all or a part of the information collected about you to another data controller, where it is technically feasible;
• The right to the erasure of data concerning you, subject to GoDark’s rights of retention under the law;
• The right to object to the processing of Personally Identifiable Information and Personal Data where you dispute the accuracy of the data, the processing is not lawful, GoDark no longer needs the information for the purposes of processing, or you have raised an objection for personal reasons;
• The right to revoke your consent to data processing;
• The right to object to the processing of your Personally Identifiable Information and Personal Data for marketing purposes;
• The right to object to the processing of Personally Identifiable Information and Personal Data for direct marketing or for personal reasons that arise from your particular situation; and
• The right to file a complaint with a data protection authority.

To exercise these rights, you may either opt out of receiving communications from GoDark by unsubscribing to its e-mails or by sending an e-mail to customercare@GoDarkBags.com. You do not need to pay a fee to exercise these rights, however, GoDark reserves the right to charge a reasonable fee if your request is unreasonable or excessive. To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

For further information regarding your privacy rights as a citizen of the EU, please visit the U.S. Department of Commerce’s Services at https://www.commerce.gov/ and the DPF overview webpage at https://www.dataprivacyframework.gov/s/program-overview.

You can find a list of DPF certified organizations here: https://www.dataprivacyframework.gov/s/

Beyond filing a complaint directly with GoDark using the mechanisms described above, you may also file a complaint with a third-party, neutral arbitrator who will provide appropriate recourse free of charge. If you are looking for an alternative dispute settlement provider, please visit https://www.jamsadr.com/eu-us-data-privacy-framework. JAMS is a US-based arbitration service provider. You are not required to use JAMS to arbitrate a dispute with GoDark.

As a citizen of the EU you may, under certain conditions, invoke binding arbitration against GoDark, and GoDark may be held liable in cases of onward data transfers to third parties as described more fully in DPF overview page linked above. GoDark may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Canadian Privacy Rights

GoDark complies Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). We adhere to the 10 Principles outlined in the PIPEDA: 1. Accountability, 2. Identifying purposes, 3. Consent, 4. Limiting collection, 5. Limiting use, disclosure and Retention, 6. Accuracy, 7. Safeguards, 8. Openness, 9. Individual access and 10. Challenging compliance.

As explicitly noted elsewhere in this privacy policy, GoDark does not:

• collect sensitive data;
• collect, use, or disclose data outside the reasonable expectations of our users; nor do we
• collect, use, or disclose data in such a way that creates a meaningful residual risk of significant harm to our users or third parties.

If you are a Canadian citizen, you have the right to have a right to access the personal information we hold about you. You also have the right to challenge the accuracy and completeness of that information, and have that information amended as appropriate.

To exercise these rights, you may contact us at:

GoDark Bags
customercare@GoDarkBags.com
160 1917 West 4th Ave,
Vancouver, Canada
V6J 1M7
778-588-9534

Your request should state your name and specify what you would like us to do with your personal information. You do not need to pay a fee to exercise these rights, however, GoDark reserves the right to charge a reasonable fee if your request is unreasonable or excessive. To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

California Privacy Rights
The following rules apply solely to visitors, users, and others who are residents of the State of California. California residents have the right to be notified which categories of PII are being collected and the purposes for which the PII is being used. In particular, we collected the following categories of PII (A, B, D, E, and F) as defined in the California Consumer Privacy Act within the last twelve months. Our uses of this PII are detailed above in this Privacy Notice:

Category Examples Collected

A. Identifiers	Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	YES
B. Personal information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e))	Name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.	YES
C. Characteristics of protected classifications under State or federal law	Religious affiliation, ethnicity, etc.	NO
D. Commercial	Records of products or services purchased.	YES
E. Biometric Data	Fingerprints or footprints.	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a Services, application, or advertisement.	YES
G. Geolocation data	Physical location or movements.	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	N/A	NO
I. Professional or employment-related information	N/A	NO
J. Educational information	N/A	NO

We obtain the categories of PII marked “YES” in the above table directly from California residents when they complete forms through our Services or provide it to us as a part of a transaction or inquiry concerning our Services. We also obtain these categories of PII indirectly from California residents while observing their actions on our Services and from third parties or service providers that they have authorized to receive and share PII.

California residents have a right to request that we disclose what PII we collect from you and whether, and how, we disclose or sell that PII. California residents may also request that we delete any personal information collected or maintained by us from you.

California residents may also have the right to opt out of the sale of their personal information by contacting us or, where available, by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information.” You may also visit our Do Not Sell webpage to learn more about your personal data rights. By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on PII that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.

To submit a request for a list of the categories of personal information collected from you or to request that GoDark delete your personal information, please email us at customercare@GoDarkBags.com or send a letter to us at the following address:

GoDark Bags
ATTN: Privacy Officer
160 1917 West 4th Ave,
Vancouver, Canada
V6J 1M7

To verify your request, we may request certain information from you to confirm that you are a GoDark user, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to GoDark to disclose or delete your personal information. To do so, you must provide GoDark with proof that the individual or business has been appointed as your agent, such as by providing a signed power of attorney form and provide accurate responses to any information requested by GoDark that may be necessary to confirm that you are a GoDark user, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by GoDark for their exercise of these rights conferred under California law.

Colorado Residents

GoDark does not conduct business in Colorado, control or process the personal data of 100,000 or more consumers during a calendar year, or derive revenue or receive a discount on the price of goods or services from the sale of personal data.

Connecticut Residents

During the preceding calendar year, GoDark did not control or process the personal data of at least 100,000 consumers or derive more than 25% of our gross revenue from the sale of personal data.

Nevada Residents

If you are a resident of Nevada, you may provide notice to us to limit the sale of your PII to third parties for resale or licensing purposes. However, we do not sell your PII for such use. To notify us that you wish to limit the sale of your PII to third parties for resale or licensing purposes, you may send us an email to customercare@GoDarkBags.com with the subject line, “Nevada Do Not Sell Request,” along with your name, address, and user account information.

Virginia Residents

GoDark does not control or process the personal data of at least 100,000 Virginia residents or control or process the personal data of at least 25,000 Virginia residents and derive more than 50% of its gross revenue from the sale of personal data. For these reasons, the Virginia Consumer Data Protection Act (VCDPA) does not apply to GoDark’s collection and use of PII.

Third Party Links

GoDark’s Services may include links to third-party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. GoDark does not control these third-party links and you are advised to review their respective privacy policies.

Responding to Do Not Track Signals

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI Services and DAA Services. Our Services is not currently set up to respond to browser do-not-track signals because there is no consensus within the advertising industry as to what “do not track” means in this context, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.

You can opt out of targeted advertising by using the links below:

• Facebook: https://www.facebook.com/settings/?tab=ads
• Google: https://www.google.com/settings/ads/anonymous
• Microsoft: http://choice.microsoft.com/de-DE/opt-out
• Pinterest: https://www.pinterest.ca/settings/
• Instagram: https://www.instagram.com/accounts/privacy_and_security/

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.
Childrens’ Online Privacy Protection Act Compliance

We comply with the requirements of COPPA (Childrens’ Online Privacy Protection Act). We do not knowingly collect any information from anyone under 13 years of age, and our products and services are to individuals 13 years of age or older. If you believe that we have collected PII from someone under the age of 13, you are directed to notify us immediately at customercare@GoDarkBags.com.

Changes to our Privacy Notice

Whenever GoDark changes its Privacy Notice, we will post those changes to this Privacy Notice on the Services and other places that we deem appropriate. Your use of the GoDark Services following these changes indicates your consent to the practices described in the revised Privacy Notice.

Contacting Us

If you have any questions about this Privacy Notice or the manner by which we collect or use Personal Information about you, email us at customercare@GoDarkBags.com.

TERMS & CONDITIONS

Thank you for visiting GoDark Faraday Bags (a/ka/ GoDark Privacy Bags, or GoDark Bags). GoDarkbags.com and its associated services (collectively, the “Website”) are provided by GoDark Technologies, Inc. a Canadian corporation (“GoDark”). Throughout the Website, the terms “we”, “us” and “our” refer to GoDark. GoDark offers this website, including all information, tools, services, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website, creating a User Account, and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, purchase products from the Website, or use our Services.

Any new products, and any new web features or tools, which are added to the current Website will also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

GoDark hereby incorporates its Privacy Notice Las if fully restated herein. You must review GoDark’s Privacy Notice to understand what personal and personally identifiable information GoDark may collect from you when you use the Website, create a User Account, and/or purchase products from the Website, and how GoDark may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. 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 GODARK 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.

1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, 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.

You may create a User Account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Website. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify GoDark of any unauthorized use of your account on any of our Website.

2. Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by GoDark, including, but not limited to, GoDark’s trademarks: GODARK®, and ^TM.

Any use of the Website, its associated trademarks, or its content without the prior written approval of GoDark is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of GoDark, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.

3. User Generated Content. GoDark may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website including, but not limited to, product reviews (“User Feedback”). You may also send certain specific submissions per our request (for example, contest entries or promotional submissions) or, if without a request, you may send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Comments”) (User Feedback and User Comments are collectively “User-Generated Content”).

You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights.

By submitting User-Generated Content to GoDark, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. By submitting User-Generated Content to GoDark, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to GoDark. When posting User Feedback to the Website, you warrant that your User Generated Feedback will be accurate, truthful, non-deceptive, and complete.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We are and shall be under no obligation (1) to maintain any User Comments in confidence; (2) to pay compensation for any User Comments; or (3) to respond to any User Comments.

GoDark assumes no responsibility, and cannot be held liable for, User-Generated Content or the conduct of any users that submits User-Generated Content to GoDark.

4. 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 GoDark 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:

Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by GoDark through a separate, written agreement (this restriction does not apply to search engines that comply with GoDark’s robots.txt file);

1. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with GoDark’s robots.txt file);
2. Circumventing the technological protection measures of the Website;
3. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
4. Disrupting or otherwise interfering with the Website or its associated servers or networks;
5. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
6. Diverting or attempting to divert customers of the Website to another website or service;
7. Sending unsolicited or unauthorized communications to users of the Website or third parties;
8. Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
9. Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
10. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

GoDark reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. GoDark also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

5. Pricing and Product Availability. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may not be able from time to time. Most products displayed on this Website can be ordered and delivered within the U.S. as well as overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will be notified via email.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of GoDark. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

All prices quoted on this Site are in U.S. Dollars. Company has no control over and makes no guarantees with regard to exchange rates and fees that may be used by financial institutions outside the continental U.S. for orders placed through them.

6. Product Use. All of the products purchased from us should be used in accordance with the manufacturer’s instructions, precautions, and guidelines. Parents or legal guardians of all minors should consult the minor’s physician prior to allowing their minor child to use products or services from GoDark. Reference to or presentation or sale of any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by GoDark.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. 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 GoDark until GoDark accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and GoDark, and GoDark strives to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that GoDark is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by GoDark payment processor. You agree that you will not initiate any chargebacks to GoDark unless otherwise authorized by Go Dark 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 GoDark.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

8. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. GoDark will report as income all payments received from you to GoDark to all proper taxing authorities.

9. Shipping. GoDark ships across the United States and Canada and to select locations internationally. Shipping rates will be calculated at checkout. Customs & duty fees are not included at the time of checkout. For more details regarding GoDark’s shipping practices and current rates, please visit our Shipping Information webpage, which is incorporated into this Agreement in full.

Title and risk of loss for any purchases pass to you upon our delivery to our carrier.

10. Refunds and Exchanges. For more details regarding our return and exchange policies, please see our Returns, Exchanges and Warranty webpage, which is incorporated into this Agreement in full.

11. Accuracy of Billing and Account Information. GoDark reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

12. No Medical Advice. The content of this Website, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Website (the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

13. Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that GoDark 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 GoDark will not be responsible for websites not under the ownership or control of GoDark.

14. Errors and Omissions. Occasionally there may be information on our Website or our packaging that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. GoDark reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

15. 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) GoDark terminates your access to the Website; or (ii) you cease using the Website. GoDark reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

16. Disclaimer of Warranties and Limitation of Liability.

1. 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 GODARK 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. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF GODARK ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU FOR SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
2. ALL GODARK PRODUCTS COME WITH A MINIMUM 1-YEAR WARRANTY. PLEASE SEE INDIVIDUAL PRODUCT LISTINGS FOR SPECIFIC WARRANTY LENGTH. THIS IS A LIMITED WARRANTY THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIALS AND MANUFACTURING. THE WARRANTY EXCLUDES NORMAL WEAR AND TEAR, UNAUTHORIZED ALTERATIONS, IMPROPER USE OR CARE, OR FROM ACCIDENTS (E.G., DROPPING ON HARD SURFACE CAUSING BREAKAGE). SOME OF OUR PRODUCTS NEED SPECIAL CARE AND CAN BECOME DAMAGED DUE TO SHARP OBJECTS, WATER, OR IRREGULAR USE. PLEASE CONTACT US FOR MORE INFORMATION.
3. THE WARRANTY IS LIMITED TO REPLACEMENT OF THE PRODUCT. IF A REPLACEMENT IS NOT AVAILABLE A REFUND EQUAL TO THE PURCHASE PRICE WILL BE ISSUED.
4. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS INCLUDING BUT NOT LIMITED TO THOSE LISTED IN SUBSECTION 17.B ABOVE, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GODARK, AND THEIR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF GODARK OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. 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.
5. GODARK 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, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

18. Choice of Law and Stipulation to Jurisdiction.

1. You and GoDark 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 British Columbia, Canada, 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 that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and GoDark agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement, your use of any products purchased through the Website, 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 British Columbia, Canada 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.
2. 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.
3. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF THE WEBSITE, OR THE PURCHASE OR USE OF PRODUCTS 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 GODARK EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
4. Any claims must be brought within one year of each applicable purchase or will otherwise be barred.
5. Any claims not subject to arbitration under this Agreement must be brought in British Columbia, Canada and will be governed by the laws of British Columbia, Canada, without regard to its conflict of laws rules. By using the Website and agreeing to these terms, you waive any argument regarding improper venue.

19. Force Majeure. GoDark will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond GoDark’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

20. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend GoDark.

21. 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.

22. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. GoDark reserves the right to assign its rights and duties under this Agreement, including in a sale of GoDark or its Website.

23. Waiver 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.

Please checkout our FAQs and if you need further assistance please contact us.

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