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.
