Introduction and Scope

Welcome to Roarks Capital. This User Agreement ("Agreement") governs your access to and use of our website and services. By accessing or using our website, you agree to be bound by this comprehensive Agreement and our Privacy Policy, as amended from time to time. We have prepared this Agreement with the utmost care to comply with all applicable legal standards and best practices, including those relating to the protection of personal information as required by the Personal Information Protection and Electronic Documents Act and other relevant privacy regulations.

This Agreement is applicable to all visitors, users, and others who wish to access the services provided by our company. We encourage you to read the following terms carefully and ensure that you understand your rights and responsibilities. If you do not agree to these terms, please cease using our services immediately.

Please note that whenever we refer to “services” in this Agreement, we mean any service, feature, product, or content made available by Roarks Capital, including but not limited to information, data management, digital marketing, and any other resources offered on our landing page.

Acceptance of Terms and Conditions

By continuing to access or use our services, you affirm that you have read, understood, and agree to abide by the terms outlined in this Agreement. You further represent that you are at least of legal age in your jurisdiction and capable of entering into a legally binding contract.

If any provision of this Agreement is deemed invalid or unenforceable, that provision shall be severed from the remainder of the terms, without affecting the validity and enforceability of any other portion of this Agreement.

We reserve the right to update, alter, or replace portions of these Terms at any time without prior notice. Your continued use of our services following any modifications signifies acceptance of the revised Agreement, and it is your responsibility to review these terms periodically.

Description of Services

Roarks Capital offers a variety of services to support your marketing, business, and informational needs. Our detailed offerings include digital marketing services, informative resources, data analytics, business consulting, and additional functionalities accessible through our website. All services are designed and provided in compliance with applicable national and international regulations regarding user privacy and data protection.

While we strive to maintain the highest quality and accuracy of service information, we do not guarantee that our services will always be uninterrupted, free of errors, or completely secure from unauthorized access. Your use of our services is at your own risk.

We also reserve the right to modify, restrict, or discontinue any part of our services at any time with or without notice.

User Responsibilities and Obligations

In using this website and the provided services, you agree to comply with all applicable laws, regulations, and policies. You also agree not to engage in any conduct that might harm Roarks Capital, its affiliates, or any other users of our services.

• Respect the privacy and rights of other users.
• Refrain from transmitting or uploading any harmful or malicious software, viruses, or content that could disrupt the functionality of our services.
• Abstain from unauthorized attempts to access, interfere with, or disrupt any part of our website or its security measures.
• Provide accurate, current, and complete information when using our services.

Misuse or abuse of our website, including any attempt to circumvent security protocols or violate any part of this Agreement, may result in immediate termination of your access to our services and may subject you to legal liability.

Privacy Policy and Data Protection

We treat the privacy of your personal information with the highest priority. Our Privacy Policy, which is incorporated herein by reference, provides a detailed overview of how we collect, store, use, and protect your data. In compliance with the Personal Information Protection and Electronic Documents Act and similar regulations, we commit to processing your personal data lawfully, fairly, and transparently.

The types of data collected may include but are not limited to your name, email address, contact information, IP address, browser type, and other related usage data. This data is collected for purposes such as analytics, service improvement, and to better tailor our offerings to your preferences.

You have the right to request access, rectification, or deletion of your personal data in accordance with applicable privacy laws. Should you desire to exercise these rights, please contact us using the details provided at the end of this Agreement.

All personal data is stored securely and for no longer than is necessary to fulfil the purposes for which it was collected, except where retention is required or permitted under applicable law. We implement robust physical, technical, and administrative measures to ensure the safety and integrity of your personal information.

Cookies and Tracking Technologies

Our website uses cookies and other similar tracking technologies to enhance your browsing experience and to collect information regarding your usage patterns. Cookies are small files saved on your device which facilitate various features including session management, personalization of content, and targeted advertising.

By using our website, you agree to the use of these technologies. We provide clear instructions on how to manage or disable cookies via your browser’s settings, though please note that doing so may affect the functionality of certain features on our site. For a more detailed statement regarding our use of cookies, please refer to our Cookie Policy by visiting the designated section available on our website, or by clicking on the following link: Cookie Policy.

In addition to cookies, our website may use web beacons, pixel tags, and similar technologies which allow us to monitor the effectiveness of our communications and to improve our user experience. All data collected via these methods is subject to the same security and data management practices outlined in our Privacy Policy.

Data Security and Storage

Ensuring the security of your data is one of our top priorities. We invest in state-of-the-art security measures and continuously update our practices, both technological and procedural, to safeguard your information against unauthorized access, alteration, disclosure, or destruction.

In line with the requirements set forth by the Personal Information Protection and Electronic Documents Act, we regularly assess our security protocols to address emerging threats and vulnerabilities. We also require our employees, contractors, and service providers to adhere to strict confidentiality and data protection procedures.

In the unlikely event of a data breach, we will promptly notify the affected users and take all necessary steps to mitigate any potential harm. We encourage you to immediately report any suspicious activity related to your account or the use of our services.

Personal data is retained only for the duration necessary to satisfy the purposes for which it was collected, subject to any legal obligations concerning record retention. Once your data is no longer required, it will be securely deleted or anonymized in accordance with our data management policies.

Intellectual Property Rights

All content displayed on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Roarks Capital or its content suppliers and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes only. Any unauthorized use of the content is strictly prohibited and may result in legal action.

Should you have any queries regarding intellectual property rights or the use of content on our website, please contact us using the details provided at the end of this Agreement.

Limitation of Liability and Disclaimers

To the maximum extent permitted by law, Roarks Capital and its directors, officers, employees, agents, affiliates, or third-party partners shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use our services, including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses.

Our website and services are provided on an "as is" and "as available" basis with no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. It is your responsibility to evaluate the suitability of our services for your needs.

Under no circumstances shall our total liability exceed the amounts paid by you to use our services. This limitation of liability applies even if we have been advised of the possibility of such damages.

Modifications to the Agreement and Services

Roarks Capital reserves the right to modify or replace any part of this Agreement at our sole discretion. Changes will become effective upon their posting on our website, and your continued use of our services after such changes have been made constitutes acceptance of the new terms.

We advise you to periodically review this Agreement to stay informed about our policies regarding your data, user responsibilities, and the comprehensive details governing use of our services. Any material changes made to this Agreement will be clearly marked with an updated effective date (2025-02-14).

It is important to note that any modifications to this Agreement will not affect your rights to any content or services acquired prior to the change, except where expressly provided.

Termination and Suspension of Access

We reserve the right to terminate or suspend your access to our website and services, in whole or in part, for any reason, including but not limited to:

• Violation of any terms set forth in this Agreement.
• Suspicion of fraudulent, dishonest, or unlawful activities.
• Failure to comply with applicable laws and regulations.

Upon termination, your right to use the services will immediately cease, and you must promptly destroy all materials obtained from the website and all copies thereof. Termination under this Section does not preclude us from pursuing any other remedies available under law.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws applicable to the service provider and the jurisdiction of the service provider's principal place of business. You agree that any disputes arising under or in connection with this Agreement shall first be addressed through informal negotiations.

In the event that a dispute cannot be resolved through amicable negotiation, you agree to submit the dispute to the exclusive jurisdiction of the courts, where all necessary procedures will be conducted in full compliance with applicable regulations, including provisions related to the protection of personal information under the Personal Information Protection and Electronic Documents Act.

Notwithstanding the foregoing, nothing in this Agreement shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its rights.

Contact Information and Customer Support

Your feedback and questions are important to us. Should you have any inquiries regarding this User Agreement, our services, the way we manage your personal information, or any other matter related to the policies herein, please do not hesitate to contact our support team.

You can reach us via telephone at +1 403-543-163-6, by email at roarks.capital.accounts@gmail.com, or by postal mail at the following address: 6 | Greenwood Drive | Westphal | B2W 3S5 | Canada. Our customer support is available during standard business hours, and we endeavor to respond to all inquiries promptly.

Should you wish to exercise your privacy rights or request data deletion in accordance with relevant privacy legislation, please include a detailed description of your request along with any necessary verification information so that we may promptly verify your identity and process your request.

Miscellaneous Provisions

This Agreement constitutes the entire understanding between you and Roarks Capital regarding your use of the website and associated services, superseding all prior discussions, agreements, or communications, whether oral or written. Any failure by us to enforce or exercise any provision of this Agreement shall not be construed as a waiver of such right or provision.

If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The headings used in this Agreement are for convenience only and will not affect the interpretation of its provisions.

Our business practices and any interpretation of this Agreement shall be governed by and construed in a manner that complies with all applicable privacy and data protection regulations. We are committed to adapting our policies to meet evolving legal requirements and industry standards.

Your understanding and cooperation with respect to any further revisions and clarifications that may be implemented are greatly appreciated. We thank you for choosing Roarks Capital and for taking the time to review this exhaustive User Agreement.

Final Remarks

By utilizing our website and services, you acknowledge that you have read and understood the contents of this Agreement, including our detailed descriptions of data handling practices, cookie usage, intellectual property rights, and limitations on liability. We emphasize the importance of reviewing all policies provided here, as continued use implies your acceptance of all current and future modifications.

We value your trust and are dedicated to maintaining a transparent and secure online environment. We appreciate your cooperation and commitment to following these terms, which help us continually improve the quality and reliability of our services.

Effective as of 2025-02-14, this Agreement remains in full force and supersedes any previous versions or notices distributed by Roarks Capital. Should you have any future questions or require further clarification regarding any aspect of this Agreement, please feel free to contact our customer support team as described above.