Arc Boat Company

Terms of Service

Last updated: June 19, 2025

Table of Contents

1. Applicability

These General Terms and Conditions ("Arc Terms") apply to the website owned, operated, and maintained by or on behalf of Arc Boat Company ("Arc" or "we" or "us") and the products (including Arc boats), content, services, data, software, and tools accessed or sold through Arc's website (the "Site"), mobile applications (the "App"), boats, at Arc events, or at Arc's physical locations (collectively the "Services"). In the event of a conflict between these Arc Terms and any signed contract between you and Arc, the signed contract shall control to the extent of such conflict.

THESE ARC TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE ARC TERMS CAREFULLY.

THESE ARC TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED "DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER" BELOW).

BY CREATING AN ARC ACCOUNT, USING ARC MOBILE APPLICATIONS OR ARC WEBSITES, PLACING AN ORDER FOR AN ARC BOAT OR OTHER PRODUCTS OR SERVICES, INCLUDING PARTS, ACCESSORIES, OR SERVICES FROM ARC, YOU ACCEPT AND ARE BOUND BY THESE ARC TERMS.

YOU MAY NOT ORDER OR OBTAIN AN ARC BOAT OR PRODUCTS OR SERVICES FROM ARC IF YOU (A) DO NOT AGREE TO THESE ARC TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ARC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

2. Dispute Resolution – Arbitration Agreement and Class Action Waiver

Binding Arbitration

To the fullest extent permitted by applicable law, and except for small claims, claims related to intellectual property, or if you choose to opt-out as provided below, this Section governs all Disputes between you and Arc. The term "Dispute" is to be given the broadest possible meaning that will be enforced and means any dispute, demand, claim, or controversy of any kind between you and Arc, whether based in contract, tort, statute, or otherwise, including but not limited to any claim for fraud, false advertising, misrepresentation, strict products liability, negligence, breach of contract, breach of express or implied warranties, or violations of consumer protection, privacy or data security laws, that arises out of or in any way relates to (1) this Agreement; (2) our relationship; (3) the purchase, sale, condition, design, or manufacturing of the Boat; (4) Arc products or services; (5) advertising and other communications between you and Arc; and as applicable, (6) your credit application or financing arrangement. You and Arc agree to resolve all Disputes by binding arbitration conducted by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules, unless you and we agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org. If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control.

Initial Dispute Resolution Requirement

Most disputes can be resolved without resorting to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at info@arcboats.com and provide a brief, written description of the Dispute and your contact information (including your Arc ID, if you have one). We will contact you at your contact information on file with Arc. You and Arc agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.

Filing a Demand for Arbitration

If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration. In order to initiate arbitration, you must file an arbitration demand with AAA and send a copy of the arbitration demand to us by email at: info@arcboats.com.

Arbitration Location and Procedure

Arbitration shall be initiated and take place in Los Angeles, California. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Arc submit to the arbitrator.

Class Action Waiver

YOU AND ARC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR ARC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Opt-Out Right

You may opt-out of this Dispute Resolution – Arbitration and Class Action Waiver within 30 days from the date you first agree to these Terms, by sending an email to info@arcboats.com from the email associated with your Arc ID with "Opt-Out of Arbitration" in the subject line and, in the body of the email, your full name and address.

3. Arc Account

In order to use most of Arc's products and Services, you may be required to create and maintain a personal account (the "Arc Account"). Account creation requires you to submit certain personal and payment information. You agree to maintain complete, accurate, and up-to-date information in your Arc Account. You are responsible for all activity or transactions that occur under your Account, and you agree to maintain the security and secrecy of your Arc Account username and password at all times. You shall not provide or use your Arc account username or password with non-Arc approved applications, websites or software.

4. Text Messages, Notifications, and Telephone Calls

By agreeing to these Arc Terms, you understand that by providing your wireless telephone number(s), you consent to being contacted at those numbers using prerecorded artificial voice messages and/or automatic telephone dial devices. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of purchase. You also consent to receiving emails to any email address(es) you provide.

Message and data rates may apply for any messages sent or received. Texting "STOP" will only control for that specific number and for this specific service.

5. Indemnity

You agree to defend, indemnify, and hold harmless Arc and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Arc arising out of or relating to your use of the Site, App, and/or Services, your violation of these Arc Terms, your operation of an Arc boat in violation of applicable laws or these Terms, or your violation of any rights of another.

6. Limitation of Liability

No Consequential or Indirect Damages

EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ARC OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE ARC TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability

EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ARC'S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE ARC TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO ARC PURSUANT TO THESE ARC TERMS.

7. Force Majeure

Arc will not be liable or responsible to you, nor be deemed to have defaulted or breached these Arc Terms, for any failure or delay in performance under these Arc Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

8. Severability

If any competent legal authority determines any part of these Arc Terms, including the Dispute Resolution - Arbitration and Class Action Waiver, is illegal or unenforceable, then such part will be eliminated and the remainder of these Arc Terms will remain in force and effect.

9. Boat Wireless Connectivity and Data Collection

Arc boats are internet-connected vessels that use third-party wireless carrier services to maintain a wireless internet connection for various purposes. You hereby acknowledge and agree that your access to or use (of any kind or for any purpose) of an Arc boat and/or any connectivity features of such boat is subject to these Arc Terms.

Real-Time Data Collection

Arc boats collect and transmit real-time operational data including but not limited to:

Data Use and Sharing

This data may be used for boat diagnostics, performance optimization, safety monitoring, emergency response, maintenance alerts, and regulatory compliance. We may share this data with emergency services, coast guard authorities, insurance providers (with your consent), and third-party service providers as described in our Privacy Policy.

Connectivity Costs

Certain in-boat features or Services may require enhanced boat wireless connectivity at an additional cost to you. We will notify you of any additional costs associated with such features or Services.

10. Warranty Terms

Arc boats are covered by Arc's Limited Warranty, the full terms of which are provided separately and incorporated herein by reference. The warranty covers defects in materials and workmanship under normal use and maintenance for the specified warranty period. Warranty terms vary by component and are detailed in your warranty documentation.

Warranty coverage does not extend to damage caused by misuse, abuse, negligence, accidents, normal wear and tear, or failure to follow proper maintenance procedures as outlined in the Owner's Manual.

11. Third Party Partner Terms and Conditions

Arc offers the ability to access third party services including financing, insurance, service, connectivity, and other products and Services via Arc boats, the Arc Apps and the Site. These third-party partners may have their own terms and conditions, including payment terms and privacy policies. You agree that any use of these products, services, or functionality is subject to these additional legal agreements with those partners, where applicable.

12. Termination

Arc may permanently terminate or temporarily suspend all or part of your access and rights to the Arc Services at any time without notice to you for violation of these Terms or for any other reason at Arc's sole discretion.

13. Updates to the Terms and Conditions

Arc may modify these terms and conditions at any time with or without notice to you. Your continued use of the Site, App, and/or Services will be deemed as acceptance of any such new terms and conditions.

14. Choice of Law

These Arc Terms, their subject matter and formation, and any related non-contractual disputes or claims, are governed by the laws of California, U.S.A., without regard to choice or conflict of law principles of any jurisdiction, except as otherwise provided in the Arbitration Agreement. For Canadian customers, applicable Canadian consumer protection laws may also apply where they provide greater protections than these Terms.

15. Arc's Intellectual Property

Arc is the owner or the licensee of the Site, including the source code, and Arc Apps, all content of the Site and Apps, and all the material published on the Site and Apps, as well as any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively "Content"). Arc owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names.

You acknowledge and agree that Arc's patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, "Intellectual Property") are solely Arc's property. Nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property.

Subject to your compliance with these Arc Terms, Arc grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites, Apps, and the Services solely for your personal use and subject to the condition that you do not copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, Apps, the Services, or any other content available via the Sites, Apps, or the Services.

16. User Content and Standards

If you provide us with any text, graphics, photos or other materials or content ("User Content"), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, publish, and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed throughout the universe.

You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by Arc.

You represent and warrant that any information you provide to us, including User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn't infringe any third party's intellectual property rights; (d) is yours or you have the necessary licenses and permissions; (e) doesn't violate any law; and (f) doesn't contain any viruses or malicious programming.

17. Arc Applications

License

Subject to your compliance with these Arc Terms, Arc grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download, install, access and use the Arc Mobile Application and/or other applications offered by Arc ("Arc Apps") solely in connection with your use of Arc's products or services.

Restrictions

You shall not (a) copy the Arc Apps, except as expressly permitted; (b) modify, translate, adapt, or create derivative works of the Arc Apps; (c) reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of the Arc Apps; (d) remove, delete, alter, or obscure any intellectual property notices from the Arc Apps; (e) rent, lease, lend, sell, sublicense, assign, distribute, or transfer the Arc Apps; or (f) use the Arc Apps in any hazardous environments or safety-critical applications.

Safety

Do not use the Arc Apps during the operation of a boat or any activity which requires your full attention. You must observe all marine safety laws and only use the Arc Apps while your boat is stationary and safely moored or anchored.

18. The Website Accessing and Using the Site

It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. Arc will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons to whom you provide access to the Site are made fully aware of these Arc Terms and other applicable terms and conditions, and that they comply fully with them.

You may only use the Site for lawful purposes.

Third-Party Links

The Site and App may contain hyperlinks to web sites operated by persons or entities other than Arc. We provide such links for your reference and convenience only. ARC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE.

No Warranties

THE SITE AND APP ARE PRESENTED "AS IS" AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR APP OR ANY MATERIALS PUBLISHED ON THE SITE OR APP.

Children's Online Privacy Protection Act

The Site and App are not designed or intended to collect information from children under the age of 13. If you are under the age of 18, you should only use the Site and App with the involvement of a parent or guardian.

19. Financing and Third-Party Services

Arc may provide information about third-party financing options, but Arc does not provide financing directly. Any financing arrangement you enter into is solely between you and the financing provider. Arc is not responsible for the terms, conditions, or performance of any third-party financing arrangement.

Similarly, Arc may facilitate connections with third-party service providers for insurance, maintenance, storage, or other services, but Arc is not responsible for the performance, quality, or terms of such third-party services.

20. Vulnerability Reporting

If you would like to report a security vulnerability or have a security concern regarding Arc's products or services, please contact us at info@arcboats.com with detailed information about the potential vulnerability.

CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us at:

Arc Boat Company
2261 Market St, #4212
San Francisco, CA 94114
Phone: (877) 272-2443
Email: info@arcboats.com

By using Arc's products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Arc's Privacy Policy.