Ownership and Copyright
This ArcticBlue.com web site is owned and operated by Arctic Blue. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Arctic Blue (or is used under license to Arctic Blue) and is protected by United States and international copyright laws.
Arctic Blue, ArcticBlue.com, FIND YOUR GLOW and other marks indicated on Arctic Blue’s web site(s) are trademarks and/or service marks of Arctic Blue Diamonds. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Arctic Blue. Arctic Blue's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Arctic Blue's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Arctic Blue. All other trademarks related to the products sold on this web site are the sole property of their respective owners.
Use of Web Site
Arctic Blue's web site(s) and content are intended solely for personal and non-commercial use by visitors and on-line shoppers. Any use of any Arctic Blue web site or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Arctic Blue web site. However, you may download, electronically copy and print any of the content of an Arctic Blue web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Arctic Blue web site in any manner that may be harmful to the operation of the web site or its content.
If you access or use any Arctic Blue web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use ArcticBlue.com only with the involvement of a parent or guardian. Arctic Blue reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.
The Site may permit the submission, sharing and publishing of the content (names, story and photos) sent by you (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to remove and/or delete any and all content posted on the Site (including User Submissions) at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize Arctic Blue to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all copyrights, service marks, trademarks, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
Comments and Suggestions
We appreciate hearing from our customers and welcome your comments and suggestions regarding Arctic Blue's web site(s) and the products offered for sale by Arctic Blue, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that Arctic Blue's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Arctic Blue values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Arctic Blue will become the property of Arctic Blue and shall not be subject to any obligation of confidentiality on the part of Arctic Blue. Arctic Blue shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Arctic Blue shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
Arctic Blue makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Arctic Blue cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Arctic Blue does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Arctic Blue makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Arctic Blue reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Arctic Blue reserves the right to cancel the sale and refund the transaction in full. If a product offered by Arctic Blue is not as described, your sole remedy is to return it in unused condition.
Arctic Blue's web site(s) contain links to web sites that are not maintained by Arctic Blue. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply Arctic Blue's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.
Disclaimer of Warranties and Limitation of Liability
THE MATERIALS AND INFORMATION PROVIDED BY ARCTIC BLUE ON ANY OF ITS WEB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARCTIC BLUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACESS TO, AND USE OF ALL ARCTIC BLUE WEB SITES(S) IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARCTIC BLUE DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARCTIC BLUE DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM ARCTIC BLUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARCTIC BLUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Arctic Blue is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Arctic Blue's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Arctic Blue by you for accessing Arctic Blue's web site(s).
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Phoenix, Arizona.
(a) Payment Processing: ArcticBlue.com (“Supplier”) provides domestic payment processing and order fulfillment through its designated service provider, Paymentech, LLC (“Paymentech”) as the Merchant-of-Record. The Processor is Paymentech, organized under the laws of the State of Texas, U.S.A., which is a technical services provider and may offer the services as an agent of one or more financial institutions in United States (each, a “Financial Services Provider”). The processing and settlement of Transactions (as defined below) (“Payment Processing”) is carried out by the Processor and any of the Financial Services Providers under a separate Stripe Connected Account Agreement, including the United States Stripe Services Agreement and the applicable Financial Services Terms, and to the extent you use a payment method that is subject to additional terms, the Payment Terms (collectively, the “Processor Terms”). By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor.
Arctic Blue is not a party to the Processor Terms and is not liable to you in respect thereof. By accepting this Agreement and the Processor Terms you are agreeing to the creation of an account with the Processor for Payment Processing (the “Processor Account”). We reserve the right to change the Processor, subject to the terms of our agreement with the Processor. In the event of any inconsistency between this Agreement and the Processor Terms, this Agreement shall prevail, except in the event of any inconsistency between this Agreement and the Processor Terms concerning Payment Processing or the Processor Account, in which case the Processor Terms shall prevail.
The Processor’s role is to accept and process credit card, debit card and other types of payments (collectively “Cards”) with respect to sales of your products and services through internet-based transactions (“Card Not Present Transactions” or “CNP Transactions”). If applicable, POS Equipment permits transmission of data to the Processor from in-person, point-of-sale transactions (“Card Present Transactions” or “CP Transactions”), as well as manually entered transactions (“Keyed Transactions”). CNP Transactions, CP Transactions and Keyed Transactions shall be referred to herein, collectively, as “Transactions”.
Arctic Blue's web site(s) are operated by Arctic Blue Diamonds, from its offices in Scottsdale, Arizona. Arctic Blue makes no representations that the contents of any of its web site(s) are appropriate or available for use in other locations. Visitors who choose to access any Arctic Blue web site from other locations do so on their own initiative and are responsible for compliance with applicable local law.
Once again, we thank you for your interest in Arctic Blue. We hope that your experience at any Arctic Blue web site is enjoyable.