Terms of Service
OVERVIEW
This website is operated by The North Blue. Throughout the site, the terms "we", "us" and "our" refer to The North Blue. The North Blue offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, sellers, customers, merchants, and/or contributors of Content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any portion of the Site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, do not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. You can view the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - TERMS OF ONLINE STORE
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, or that you are the age of majority in the state or province in which you reside, and that you have given us your consent to allow your minor dependents to use this Site.
You may not use our products for any unlawful or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You may not transmit worms or viruses or any other code of a destructive nature.
A breach or violation of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any person for any reason at any time.
You understand that Your Content (not including credit card information) may be transmitted unencrypted and involve (a) transmissions over various networks and (b) modifications to comply with and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this Agreement are included for convenience only and do not otherwise limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information provided on this website is not accurate, complete, or current. The material on this site is for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice to you.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have done our best to display as accurately as possible the colors and images of our products displayed in store. We cannot guarantee that your computer screen's display of a color will be accurate.
We reserve the right, but are under no obligation, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. Any description of products or product pricing may change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of a product or service on this website is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any defects in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order that you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These limitations may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability of any kind arising out of or related to your use of optional third party tools.
Any use of optional tools offered through the Site is solely at your own risk and discretion, and you should ensure that you are aware of and agree to the terms and conditions under which the relevant third party provider(s) make(s) tools available.
We may also offer new services and/or features through the Site in the future (including the release of new tools and resources). Such new features and/or services are also covered by these Terms of Service.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products, and services available through our Service may contain material from third parties.
Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and have no responsibility or liability for any third party materials or sites or for any other materials, products, or services of third parties.
We are not responsible for any damages or injury in connection with the purchase or use of any goods, services, resources, content or other transactions conducted in connection with any third party sites. Please review the third party's policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific Submissions (e.g., contest entries) or, without our request, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, "Comments"), you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate and otherwise use the Comments you submit to us in any media. We are and shall be under no obligation (1) to keep Comments confidential; (2) to pay compensation for Comments; or (3) to respond to Comments.
We may, but shall have no obligation to, monitor, edit or remove any content that we, in our sole discretion, find to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe the rights of any third party, including any copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, offensive or obscene material or contain computer viruses or other malware that may in any way interfere with the operation of the Service or any related website. You will not use a false e-mail address, impersonate any person other than yourself, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for all of your Comments and their accuracy. We take no responsibility and assume no liability for any Comments submitted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Store is subject to our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Site or Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information on the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify any information on the Service or on any related website, including without limitation information about prices, unless required to do so by law. No specified update or refresh date used in the Service or on a related website shall be taken to mean that all information in the Service or on a related website has been changed or updated.
SECTION 12 - PROHIBITED USE
In addition to other prohibitions set forth in the Terms of Service, use of the Site or its content is prohibited: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit any virus or other form of malicious code that will or may be used in a manner that interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) disrupt or circumvent security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or a related site for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service for indefinite periods or cancel the Service at any time without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including any implied warranty or condition of merchantability, marketability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall The North Blue, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), liability or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, errors or omissions in content or loss or damage of any kind incurred as a result of the use of the Service or content (or product) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold The North Blue and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Terms of Service and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the Parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes.
These Terms of Service shall continue in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.
If, in our sole discretion, you fail to comply, or if we suspect that you have failed to comply, with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for any amounts owed up to and including the date of termination; and/or may accordingly deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of European Union (EU).
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. Your continued use of or access to our Site or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@thenorthblue.com.
SECTION 21 - TEXT MARKETING AND MESSAGES
By entering your phone number at checkout and initiating a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text message notifications (for your order, including abandoned cart reminders) and text marketing offers. SMS marketing messages will not exceed 30 per month. You acknowledge that consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, please reply with STOP to any mobile message sent from us or use the unsubscribe link provided to you in one of our messages. Message and data charges may apply.
If you have any questions, please text the number you received the messages from to HELP. You can also contact us for more information. If you wish to unsubscribe, please follow the above procedures.