Terms and Conditions

TERMS AND CONDITIONS

Website Usage Agreement

This website, https://arkauto.com (the site), is provided by Ark Financial, LLC (“ARK”). Please read these terms and conditions carefully before using this site, or accessing, using and/or uploading information to the site. You agree on your own behalf and on behalf of each entity on whose behalf you are acting, to be bound by these terms and conditions, as well as the privacy policy as supplemented or modified by ARK from time to time, for each use and access of this site. These terms and conditions apply exclusively to your use and access of the site. Nothing herein is intended to, nor does it, alter, modify, or change the terms and conditions of any existing agreement you have with ARK. Please note that these Terms and Conditions contain waivers by you of certain rights you may have against ARK and its affiliates. If you do not agree to abide by these terms and conditions or any future terms and conditions, please do not use the Site or download materials from the Site. These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with ARK.

Privacy Policy

Before you continue using our website, we advise you to read our privacy policy [https://arkauto.com/privacy-policy] regarding our user data collection. It will help you better understand our practices.

SMS Disclosure

Please note that, subject to end-user opt-in, Ark Financial LLC will periodically send SMS notifications for account notification purposes and customer care of your account with us. By providing us with your mobile number and opting in, you give Ark Financial permission to send you account-related text messages, like payment reminders and notifications, in conjunction with the services you have requested. Message frequency may vary by account. Message and data rates may apply. Reply HELP for help. Reply STOP to unsubscribe. An opt-out confirmation message will be sent back to you. You may also request support by emailing us at info@arkauto.com. If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages. Wireless carriers are not liable for undelivered or delayed messages. Carriers are not liable for delayed or undelivered messages.

Limited License

Subject to the terms and conditions set forth in this Agreement, ARK grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Trademarks

All trademarks on this Site are either trademarks or registered trademarks of ARK or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without prior written permission. Page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of this Site and may not be copied, imitated, or used in whole or in part without our prior written permission.

User Conduct

In using the Site, you agree:

• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;

• Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites;

• Not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;

• Not to use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site;

• Not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and

• Not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the site including, but not limited to, personally identifiable information of any other user of the site, or the names of customers of ARK or its affiliates.

ARK may make changes to the Site, the materials and the products, programs, services, or prices (if any) described in the Site at any time without notice.

ARK does not make any warranty that your use of this site or the materials will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. ARK assumes no responsibility for any damages that may be suffered by you, including, but not limited to, losses from delays, non-deliveries of content or any communications, errors, system down time, mis-deliveries or miscommunications, network or system outages, file corruption, or service interruptions caused by the negligence of ARK, its affiliates, its licensors, or your own errors and/or omissions. The Site, the information and materials on the Site, and any software made available on the Site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

Third-Party Sites

As a convenience to you, ARK may provide, on the Site, links to websites operated by third parties. ARK hereby disclaims liability for any information, materials, products, or services posted or offered at any of the third-party websites linked to this site. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. ARK makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any such site may contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements and postings in online community discussions. You agree that neither ARK nor its affiliates, business partners, or service providers shall have any liability whatsoever to you for any such third-party material, data, or information.

Information Provided by You

ARK does not want you to, and you should not, send any confidential or proprietary information to ARK via the Site, except for certain information requested in connection with customer service. You further recognize that ARK does not want you to, and you warrant that you shall not, provide any information or materials to ARK that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.

Payments

All payments made through this Site are final at the time the payment is submitted. For questions about payments, please contact ARK Customer Service at 480-360-1001.

Limitation of Damages

In no event shall ARK or any of its employees, officers, directors, agents, affiliates, or subsidiaries by liable to any person or entity for any direct, indirect, special, consequential, or other damages including, without limitation, any lost profits, business interruption, loss of information, or programs or other data on your information handling system that are the site or any linked website, even if ARK is expressly advised of the possibility of such damages. In no event shall the aggregate liability of ARK, its affiliates, and their respective directors, officers, employees, agents, affiliates, or subsidiaries exceed $100, regardless of the cause of action, whether in contract, tort, or otherwise. The negation of damages set forth above are fundamental elements of the basis of the bargain between ARK and you. This service and the materials would not be provided without such limitations. The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall suffice the termination of your use of access to the Site, a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Changes

ARK reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this policy in whole or in part, at any time. ARK in this policy will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. ARK may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. ARK may remove, modify, or otherwise change any content, including that of third parties, on or from the Site. ARK may also impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. ARK may terminate the authorization, rights, and license given above, and, upon such termination, you shall immediately destroy all materials. ARK may terminate your use of the Site at any time in its sole discretion.

Access to Product and Service Information

Information regarding products or services available through this Site is for your convenience only and is not intended as a substitute for any periodic account or billing statement with respect to such products and services, and should not be relied upon as such. You agree that the features and information available within this Site do not supersede, replace, or otherwise modify the rights or obligations of you, ARK, or its subsidiaries or affiliates pursuant to the agreement(s) applicable to such products or services.

International Use and Choice of Law

The Site is controlled, operated, and administered by ARK from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Arizona. Any cause of action you may have with respect to your use of the Site may be commenced within one year and after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of this policy or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Copyright Notices

Except as otherwise noted on this website, the contents of this website are copyrighted by ARK. All rights are reserved. No part of the materials on this website, including website text, graphics, and HTML code, may be reproduced or transmitted in any form by any means without the express written consent of ARK.

Miscellaneous

Subject to the terms of any other agreement(s) or policies applicable to any products or services accessed or obtained by you from us, these terms constitute the entire agreement between you and us governing your use of this Site. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested, or obtained by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply. Should any provision in these terms be found to be invalid or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these terms or your use of this Site must be filed within one year after it arises.

Revised 7/24/2025