Terms of Service
Overview
Welcome to Arctic White! The terms “we”, “us” and “our” refer to Arctic White. Arctic White operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Arctic White is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.
1. Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
2. Our Products
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer.
3. Orders
When you place an order, you are making an offer to purchase. Arctic White reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Arctic White confirms acceptance, and we must receive and process your payment before your order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
4. Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and you represent that you are authorized to use the payment method provided.
5. Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
6. Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Arctic White, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.
7. Optional Tools
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools “as is” and “as available” without any warranties, and we have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.
8. Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we are not liable for any harm related to your access of them. Please review third parties’ policies before engaging in any transaction.
9. Relationship with Shopify
Arctic White is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Arctic White. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Arctic White, and you release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Arctic White.
10. Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
11. Feedback
If you submit any ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent that you own or have all necessary rights to your Feedback and that it will not violate any right of any third party or contain unlawful or malicious content.
12. Errors, Inaccuracies and Omissions
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
13. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any laws, to infringe intellectual property rights, to harass or harm others, to transmit false or misleading information, to send unsolicited advertising, to impersonate any person or entity, or to interfere with anyone’s use of the Services. You also agree not to upload viruses or malicious code, scrape or harvest data, or circumvent the security or authorization features we employ.
14. Agents
If you use, allow, or enable any automated or semi-autonomous software (“Agent”) to access or interact with the Services, that Agent must identify itself as an Agent in its requests, must not conceal that interactions are automated, must respond truthfully to questions about whether interactions are human, and must not circumvent measures intended to control how Agents access the Services. We may limit, including by technical measures, whether and how any Agent accesses the Services.
15. Termination
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination will continue to apply.
16. Disclaimer of Warranties
The information presented through the Services is made available solely for general information purposes, and we do not warrant its accuracy, completeness, or usefulness. Except as expressly stated by Arctic White, the Services and all products offered through the Services are provided “as is” and “as available” without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
17. Limitation of Liability
To the fullest extent provided by law, in no case shall Arctic White, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Services or any products procured using the Services.
18. Indemnification
You agree to indemnify, defend and hold harmless Arctic White, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
19. Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
20. Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements.
21. Assignment
You may not delegate, transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
22. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state courts in the jurisdiction where Arctic White is headquartered. You and Arctic White consent to venue and personal jurisdiction in such courts.
23. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
24. Contact Information
Questions about the Terms of Service should be sent to us at hello@arcticsci.com.
Arctic White LLC
P.O. Box 1452, Bethlehem, PA 18106
(610) 442-3207