Terms of Service

Section 1. Disclaimer of Warranties

You understand and agree that Blue Arctic cannot and does not guarantee that files available for downloading from the Internet or the Website will be free of viruses, malware, or other harmful code. You are responsible for implementing sufficient procedures and security measures, including anti-virus protection and data validation checkpoints, to satisfy your particular requirements for data accuracy and for maintaining a means external to the Website and Services for reconstructing any lost data.

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Blue Arctic disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, Blue Arctic makes no representation or warranty that: (a) the Services will be uninterrupted, error-free, or completely secure; (b) defects will be corrected; (c) the Website, servers, or network will be free of viruses or other harmful components; or (d) the Services will otherwise meet your needs or expectations.

No oral or written information or advice given by Blue Arctic or its representatives shall create a warranty not expressly set forth herein.

Section 2. Limitation of Liability

To the fullest extent permitted by law, Blue Arctic’s maximum aggregate liability to you for any and all claims, whether in contract, tort, or otherwise, shall not exceed an amount equal to the fees you paid for three (3) months of Services immediately preceding the event giving rise to the claim.

In no event shall Blue Arctic, its affiliates, employees, officers, directors, agents, contractors, licensors, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation lost profits, lost revenue, loss of goodwill, business interruption, data loss, or the cost of substitute services, even if advised of the possibility of such damages.

These limitations apply regardless of the cause of action, including negligence, strict liability, or breach of contract. You acknowledge that the fees charged reflect this allocation of risk.

Section 3. Limitation on Time to File Claims

Any claim, demand, or cause of action arising out of or related to this Agreement, the Website, or the Services must be filed within one (1) year after the cause of action accrues, or such claim shall be permanently barred.

Section 4. Indemnification

You agree to defend, indemnify, and hold harmless Blue Arctic, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns, from and against any and all claims, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

1. Your actual or alleged use of the Services in violation of law or this Agreement;
2. Any material or data submitted, stored, or transmitted by you or on your behalf through the Services that infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of a third party;
3. Any products, services, or content sold or distributed by you using the Services; and
4. Any willful misconduct, fraud, or negligence by you or your agents.

If Blue Arctic is threatened with a claim or lawsuit as a result of your actions or omissions, we may require you to indemnify and hold us harmless for the related costs, including legal fees.

Section 5. Injunctive Relief

You acknowledge that your breach of obligations relating to confidentiality, intellectual property, data security, or the Acceptable Use Policy may cause irreparable harm for which monetary damages would be inadequate. In such event, Blue Arctic shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law or in equity.

Section 6. Force Majeure

Blue Arctic shall not be liable or deemed in default for any failure or delay in performance of its obligations under this Agreement if such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, Internet or telecommunications disruptions, strikes, labor disputes, acts of terrorism, epidemics, governmental actions, civil unrest, supply chain disruptions, or other events of similar magnitude. Your payment obligations are not excused by force majeure events.

Section 7. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its conflict of laws principles, and the laws of the United States of America where applicable. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any action, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Orange County, Florida. You consent to personal jurisdiction in such courts and waive any objection to venue or forum non conveniens.

Section 8. Relationship of the Parties

The relationship between you and Blue Arctic is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship. Neither party has the authority to bind the other or to incur obligations on the other’s behalf without express written consent.

Section 9. Assignment

You may not assign, transfer, or delegate your rights or obligations under this Agreement without the prior written consent of Blue Arctic. Any attempted assignment in violation of this provision is void. Blue Arctic may assign this Agreement in whole or in part, including in connection with a merger, acquisition, or sale of assets, without notice or consent. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

Section 10. Waiver and Severability

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and any failure of Blue Arctic to assert a right or enforce a provision shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Section 11. Entire Agreement and Amendments

This Agreement, together with the Order, AUP, Privacy Policy, and any other referenced documents, constitutes the complete and exclusive agreement between you and Blue Arctic regarding the Services and supersedes all prior or contemporaneous proposals, agreements, understandings, or representations, whether written or oral.

Blue Arctic reserves the right to amend or update this Agreement at any time in its sole discretion. Updates will be effective upon posting on the Website or other reasonable notice to you. Continued use of the Services following notice of changes constitutes acceptance of the updated terms.

Section 12. Notices

Notices to Blue Arctic must be sent via email to the address listed on our Contact or Helpdesk page. Notices to you will be sent to the primary email address listed in your account. Notices are deemed received on the day transmitted, or if not a business day, on the next business day.

Section 13. No Third-Party Beneficiaries

Nothing in this Agreement is intended to, nor shall it, create rights or benefits in favor of any third party, including insurers, end-users of your services, or customers of resellers.

Section 14. Survival

Sections relating to fees, limitations of liability, indemnification, ownership, disclaimers, governing law, and any provisions which by their nature should survive termination, shall survive the expiration or termination of this Agreement.

Section 15. User Contributions

If the Website allows users to post reviews, comments, or other materials (“User Contributions”), all such content is considered non-confidential and non-proprietary. By posting User Contributions, you grant Blue Arctic a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating the Website and Services.

You represent and warrant that you own or control all rights to your User Contributions, that they do not infringe any third-party rights, and that they comply with this Agreement and the Acceptable Use Policy. Blue Arctic has the right, but not the obligation, to monitor, edit, or remove any User Contribution in its sole discretion.

Section 16. Digital Millennium Copyright Act (DMCA)

Blue Arctic respects the intellectual property rights of others and expects you to do the same. It is our policy to terminate accounts of repeat infringers.

If you believe that any content on the Website or Services infringes your copyright, you may submit a written DMCA notice to our designated agent:

DMCA Agent
Blue Arctic LLC
Email: [email protected]

Your notice must include the information required by 17 U.S.C. §512(c)(3). If you believe that your removed content is not infringing, you may send a counter-notification pursuant to 17 U.S.C. §512(g). Upon receipt of a valid counter-notice, Blue Arctic may restore the material unless the original complainant files a lawsuit within ten (10) business days.

Section 17. Reliance on Information and Third-Party Links

The information presented on the Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

The Website may contain links to third-party sites. These links are provided for your convenience only. Blue Arctic does not control, endorse, or assume responsibility for third-party content, products, or services. If you access any third-party websites, you do so entirely at your own risk.

Section 18. Audit Rights

To ensure compliance with this Agreement, Blue Arctic may, on reasonable prior notice and during normal business hours, audit your use of the Services. Audits will be limited to what is necessary to verify compliance with licensing restrictions, security obligations, and the Acceptable Use Policy. You agree to cooperate fully with any such audit. Blue Arctic will use commercially reasonable efforts to minimize disruption and protect confidential information during any audit.

Section 19. Export Control and Compliance with Law

You agree to comply with all applicable laws, regulations, and rules, including export and import laws of the United States and other applicable jurisdictions. You represent that you are not located in a country subject to U.S. sanctions or designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties.

Section 20. Affiliate Program

If you participate in Blue Arctic’s affiliate program, your participation is subject to additional Affiliate Terms, which are incorporated by reference. Affiliates must not engage in misleading advertising, spam, or other practices that could harm Blue Arctic’s reputation. We may suspend or terminate affiliate accounts for violation of these terms.

Section 21. Interpretation

Headings are for convenience only and shall not affect the interpretation of this Agreement. References to “including” mean “including without limitation.”

This Agreement shall not be construed against either party as the drafter. Any ambiguities shall be interpreted in a manner consistent with the parties’ intent to create a fair and enforceable contract.