Terms of service
Arctix.com's Terms of Use
Welcome to arctix.com (the "Site”). Alpha 6 Distributions, LLC (“Arctix”) provides its services to you subject to the following terms and conditions. ("Terms and Conditions" or "Agreement") Please read the following Terms and Conditions carefully before using our Site. If you do not agree to these Terms and Conditions, please do not use our Site. By using or accessing the Site or services, you signify that you have read, understand, and agree to be bound by these Terms and Conditions.
Electronic Communications
When you visit Arctix.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Children Under the Age of 18
Arctix does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at Arctix.com only with involvement of a parent or guardian. Arctix and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the Site should be sent to customerservice@arctix.com. We suggest that you consult your legal advisor before filing a notice because there may be penalties for false claims.
Intellectual Property
All intellectual property on the Site (except for user generated content) is owned by Arctix or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names (e.g., the Arctix name and logo) are owned, registered, and/or licensed by Arctix. All content on the Site (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Arctix; All rights reserved.
Indemnification
You agree to indemnify, defend, and hold harmless Arctix, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms and Conditions, any law or the rights of any third party.
Third Party Links
Arctix may link to third-party sites. Arctix has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
Risk of Loss
All items purchased from Arctix are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Arctix attempts to be as accurate as possible. However, Arctix does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by Arctix itself is not as described, your sole remedy is to return it in new, unused condition.
Privacy
Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference, further describes the collection and use of information on this Site.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ARCTIX ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARCTIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARCTIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARCTIX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ARCTIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARCTIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF ARCTIX PRODUCTS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Miscellaneous
YOU AGREE THAT THIS SITE SHALL BE DEEMED A PASSIVE WEBSITE SOLELY BASED IN NEW YORK, USA, WHICH DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER ARCTIX IN JURISDICTIONS OTHER THAN NEW YORK. YOU AGREE THAT THIS SITE, TERMS AND CONDITIONS, PRIVACY POLICY AND ANY DISPUTE BETWEEN YOU AND ARCTIX SHALL BE GOVERNED IN ALL RESPECTS BY NEW YORK LAW, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. EXCEPT WHERE PROHIBITED, YOU AGREE THAT ALL DISPUTES, CLAIMS, AND LEGAL PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF ARCTIX PRODUCTS) SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN NASSAU COUNTY, NEW YORK. YOU CONSENT TO WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO VENUE AND JURISDICTION IN THE STATE AND FEDERAL COURTS OF NASSAU COUNTY, NEW YORK. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF ARCTIX PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. ARCTIX’S AGGREGATE MONETARY LIABILITY TO YOU IN ANY DISPUTE, CLAIM, OR LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF ARCTIX PRODUCTS) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MONIES PAID BY YOU TO ARCTIX DURING THE ONE(1) YEAR PERIOD PRECEDING THE COMMENCEMENT OF SUCH DISPUTE, CLAIM, OR LEGAL PROCEEDING. BY USING THE SITE, YOU AGREE TO RECEIVE CERTAIN ELECTRONIC COMMUNICATIONS FROM ARCTIX. YOU AGREE THAT ANY NOTICE, AGREEMENT, DISCLOSURE, OR OTHER COMMUNICATION THAT ARCTIX SENDS YOU ELECTRONICALLY WILL SATISFY ANY LEGAL COMMUNICATION REQUIREMENTS, INCLUDING THAT SUCH COMMUNICATIONS BE IN WRITING. ARCTIX’S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY OF THESE TERMS AND CONDITIONS SHALL NOT BE CONSIDERED A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL MODIFY ANY OF THESE TERMS AND CONDITIONS. ARCTIX MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THESE TERMS AND CONDITIONS TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.
Termination
Arctix reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Arctix also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms and Conditions remain in effect even after your account is terminated. The Terms and Conditions relating to Intellectual Property, Indemnification, Miscellaneous, and terms that by their nature may survive termination shall survive any termination.
Idea Submission Policy
We at Arctix are pleased to hear from our loyal fans and welcome their comments regarding our products and services. Unfortunately, however, our company policy does not allow Arctix, or any of its subsidiary companies, to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, through participation in certain activities, you send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.