Terms & Conditions - Seattle Fish Company


Thank you for visiting the seattlefishcompany.com web site (the "Site").  We at seattlefishcompany.com have developed the Site so that each visitor to the Site ("you") will have a convenient and informative shopping experience when purchasing our fresh fish and seafood.  We have established the following terms and conditions so that both seattlefishcompany.com and you know what to expect from each other.  By using the Site you agree to be bound by the terms set forth herein and you understand and agree that seattlefishcompany.com may make changes to the Site, these terms, or the policies and conditions that govern the use of the Site at any time.  Please review the Site and these terms periodically for any updates or changes.  Your continued access or use of the Site shall be deemed as your acceptance of any such changes.

ELECTRONIC COMMUNICATIONS
Each time you visit the Site and/or communicate with seattlefishcompany.com via the Site or via e-mail, you are communicating with us electronically and therefore consent to receive communications from us electronically.  We at seattlefishcompany.com may communicate with you by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications seattlefishcompany.com provides to you electronically satisfy any legal requirement that communications by seattlefishcompany.com to you be in writing.

COLOR/PRODUCT DESCRIPTION
At seattlefishcompany.com we make every effort to display products that appear at the Site as accurately as possible.  However, seattlefishcompany.com does not guarantee or warrant that: (a) your computer’s or computer monitor's display of any color or image will be accurate; nor that (b) the product descriptions are accurate, complete, reliable, current, or error-free.  If a product offered by seattlefishcompany.com on the Site is not as described, your sole remedy is to return it in unused condition for a refund or replacement.

YOUR ACCOUNT OBLIGATIONS
When you place an order with seattlefishcompany.com, you agree to provide true, accurate, current and complete information about yourself as prompted by the checkout form.  If you provide any information that is untrue, inaccurate, not current or incomplete: (a) any and all guarantees on the Site shall be null and void; (b) seattlefishcompany.com shall not be responsible or liable for any failure by you in receiving the order; and (c) seattlefishcompany.com may suspend or terminate your account and refuse your current and future use of the Site. 

SHIPPING
To make purchases on the Site, you must have a physical shipping address in the United States. We do not ship to P. O. boxes or to APO or FPO addresses. All orders are shipped by seattlefishcompany.com to the address you provide as “SIGNATURE RELEASE - NO SIGNATURE REQUIRED.”  Therefore, seattlefishcompany.com strongly recommends that someone be present at your physical shipping address within the designated delivery time frame to accept delivery of the order and promptly refrigerate or freeze it.  If you are sending a gift, we strongly recommend that you alert the recipient that a perishable gift will be arriving via Fedex and try to make arrangements for the recipient to personally accept delivery.  If no one is present at the designated US shipping address to personally receive your order, the driver will leave the order at the door  - this shall constitute acceptance of the order. 

SALES TAX
All non-food items that seattlefishcompany.com ships to Washington state customers are subject to tax at the appropriate state and local rate. In Washington state, the total sales price includes shipping and handling charges, discounts, and gift-wrap charges.

OUR RIGHTS
seattlefishcompany.com may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. Because customer service is paramount to our business, seattlefishcompany.com reserves the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, seattlefishcompany.com reserves the right to limit the quantities of items purchased by you.

LINKS TO THIRD PARTY SITES
Occasionally, seattlefishcompany.com may make available a link to a third party's web site that will redirect you to such third-party site.  These linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.  seattlefishcompany.com provides the links to you only as a convenience and does not endorse the linked sites or their use or contents.

YOUR CONDUCT
You: (a) shall not engage in any behavior that restricts or inhibits any other user from using or enjoying the Site; (b) agree to use the Site only for lawful purposes; (c) are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; (d) agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site; and (e) agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, no one other than seattlefishcompany.com and its designees may copy, arrange or enhance such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining the written permission of seattlefishcompany.com.  

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL seattlefishcompany.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE PRODUCTS ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR (i) USE OF OR INABILITY TO USE THE SITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) ANY OTHER MATTER RELATING TO THE SERVICES OR PRODUCTS PROVIDED BY seattlefishcompany.COM.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to indemnify and hold seattlefishcompany.com, and our subsidiaries, affiliates, officers, directors, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another.

APPLICABLE LAW
The Site is owned and operated by seattlefishcompany.com in the United States of America. seattlefishcompany.com makes no representations and expressly disclaims any warranties that any content in the Site is appropriate or available for use in other locations or territories.  You and seattlefishcompany.com agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of your use of the Site or the services provided by seattlefishcompany.com on the Site (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or seattlefishcompany.com toward the other, shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Washington. You and seattlefishcompany.com also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.  You and seattlefishcompany.com may litigate in court only to compel arbitration under these Terms of Use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators.  You and seattlefishcompany.com must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under these Terms of Use shall be joined to an arbitration involving any other current or former user of the Site, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and seattlefishcompany.com); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and seattlefishcompany.com).  These Terms of Use and your use of the Site shall be governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington.

TERMINATION
These terms are effective until terminated by either party.  If you no longer agree to be bound by these Terms of Use, you must discontinue your use of the Site.  Subject to applicable law, seattlefishcompany.com reserves the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site, with or without notice.  

PRIVACY
We at seattlefishcompany.com share your concern that the transaction process be exceedingly safe and that your information as a customer be kept secure.

Information seattlefishcompany.com learns about our customers helps us better serve you and make your shopping at the Site an easier and more pleasant experience.  We have instituted policies and practices to keep customer information safe and secure as follows:  (a) seattlefishcompany.com maintains customer information in our secure customer database, and  (b) will share customer information only to the extent necessary with our employees and third parties we use to operate the Site and perform services available on the Site (e.g.,order processing,  maintenance of our order data, and shipping of our product to customers).  At seattlefishcompany.com we will not  sell your personal information to any third party without first receiving your express, written consent.

GENERAL INFORMATION
These Terms of Use constitute the entire agreement between seattlefishcompany.com and you, and govern the use of the Site.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of seattlefishcompany.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.