Terms of Use

Terms of Use

Welcome to our web site. At DiamondArcticIce.com, we always appreciate your business. If you would like to provide feedback about any DiamondArcticIce.com web site, or recommend a way we can improve the buying experience, please contact us. In addition, we offer the DiamondArcticIce.com Safe Purchase Guarantee to ensure your comfort when buying on a DiamondArcticIce.com web site.

DiamondArcticIce.com, LLC provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages which we have prepared to help make your shopping experience with Diamond Arctic Ice as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this web site or any other DiamondArcticIce.com web site or service, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use any Diamond Arctic Ice.com web site.

Ownership and Copyright

This DiamondArcticIce.com web site is owned and operated by Diamond Arctic Ice, LLC. 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 Diamond Arctic Ice (or is used under license to Diamond Arctic Ice) and is protected by United States and international copyright laws.

Trademarks

DiamondArcticIce.com and other marks indicated on Diamond Arctic Ice's web site(s) are trademarks and/or service marks of Diamond Arctic Ice, LLC. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Diamond Arctic Ice. Diamond Arctic Ice's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Diamond Arctic Ice's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Diamond Arctic Ice. All other trademarks related to the products sold on this web site are the sole property of their respective owners.

Nothing on this web site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the web site without the express written permission of Diamond Arctic Ice or the trademark or service mark owner. Neither the names "DiamondArcticIce.com" or "Diamond Arctic Ice" nor Diamond Arctic Ice's logos may be used for any purpose without Diamond Arctic Ice's prior written consent. Diamond Arctic Ice's logos may not be used as a "hot" link to any other web site without Diamond Arctic Ice's prior written consent.

Use of Web Site

Diamond Arctic Ice'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 Diamond Arctic Ice 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 Diamond Arctic Ice web site. However, you may download, electronically copy and print any of the content of a Diamond Arctic Ice 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 Diamond Arctic Ice web site in any manner that may be harmful to the operation of the web site or its content.

Your Account

If you access or use any Diamond Arctic Ice 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 DiamondArcticIce.com only with the involvement of a parent or guardian. Diamond Arctic Ice reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Responsibility

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.

Ownership

You represent and warrant that you own or have the necessary rights and permissions to use and authorize Diamond Arctic Ice 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 Diamond Arctic Ice's web site(s) and the products offered for sale by Diamond Arctic Ice, 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 Diamond Arctic Ice's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Diamond Arctic Ice 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 Diamond Arctic Ice will become the property of Diamond Arctic Ice and shall not be subject to any obligation of confidentiality on the part of Diamond Arctic Ice. Diamond Arctic Ice shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Diamond Arctic Ice 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.

Product Descriptions

Diamond Arctic Ice 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. Diamond Arctic Ice cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Diamond Arctic Ice does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Diamond Arctic Ice 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, Diamond Arctic Ice reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Diamond Arctic Ice reserves the right to cancel the sale and refund the transaction in full. If a product offered by Diamond Arctic Ice is not as described, your sole remedy is to return it in unused condition.

Other Sites

Diamond Arctic Ice's web site(s) contain links to web sites that are not maintained by Diamond Arctic Ice. 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 Diamond Arctic Ice'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 Diamond Arctic Ice ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Diamond Arctic Ice 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 ACCESS TO, AND USE OF ALL Diamond Arctic Ice WEB SITES(S) IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Diamond Arctic Ice DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Diamond Arctic Ice DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM Diamond Arctic Ice ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.Diamond Arctic Ice  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, pandemic, 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 Diamond Arctic Ice 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 Diamond Arctic Ice's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Diamond Arctic Ice by you for accessing Diamond Arctic Ice's web site(s).

Indemnity

You agree to defend, indemnify, and hold harmless Diamond Arctic Ice and its officers, directors, stockholders, members, influencers, managers, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any Diamond Arctic Ice web site or your breach of these Terms of Use.

Applicable Law & Severability

By visiting Diamond Arctic Ice's web site(s), you agree that the law of the State of South Dakota, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Diamond Arctic Ice. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Diamond Arctic Ice relating to your access to and use of Diamond Arctic Ice's web site(s).

Dispute Resolution

The parties waive all rights to jury or court trial in any action or proceeding instituted in connection with these Terms of Use. Rather, any such controversy or claim shall be settled by binding arbitration. The parties agree that the venue of any binding arbitration shall be Lincoln County, South Dakota, and the neutral arbitrator employed to resolve the dispute shall be acceptable to each party. Each party shall be responsible for one-half (1/2) of the neutral arbitrator's fees. Each party shall be responsible for one hundred percent (100%) of its respective costs and attorney's fees related to any binding arbitration.

Modification

Diamond Arctic Ice reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit any Diamond Arctic Ice web site, your visit to and use of such web site will be subject to and bound by the then-current version of these Terms of Use.

Date of Last Update of these Terms of Use: October 26, 2020.

Diamond Arctic Ice's web site(s) are operated by Diamond Arctic Ice, LLC from its offices in Sioux Falls, South Dakota. Diamond Arctic Ice 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 Diamond Arctic Ice 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 Diamond Arctic Ice. We hope that your experience at any Diamond Arctic Ice web site is enjoyable.