Terms and Conditions Blue Marlin Brand Seafood by Fleet Fisheries
Terms of Use
Thank you for visiting FleetFisheries.Com web site
(the "Site"). We at FleetFisheries.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. Therefore, FleetFisheries.Com has
established the following terms and conditions so
that both FleetFisheries.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 FleetFisheries.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
FleetFisheries.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 FleetFisheries.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
FleetFisheries.Com provides to you electronically
satisfy any legal requirement that communications by
FleetFisheries.Com to you be in writing.
COLOR/PRODUCT DESCRIPTION
At FleetFisheries.Com we make every effort to
display products that appear at the Site as
accurately as possible. However, FleetFisheries.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 FleetFisheries.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 FleetFisheries.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) FleetFisheries.Com shall
not be responsible or liable for any failure by you
in receiving the order; and (c) FleetFisheries.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
FleetFisheries.Com to the address you provide as
“SIGNATURE RELEASE - NO SIGNATURE REQUIRED.”
Therefore, FleetFisheries.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.
Upon acceptance of the order, you will be responsible for payment
of the order. Please note that FleetFisheries.Com
will not be liable or responsible for reimbursement
or replacement due to the late arrival of delivery
due to shipping delays not within the control of
FleetFisheries.Com. All shipping shall be subject
to FEDEX standard terms and conditions found at
www.FEDEX.com.
SALES TAX
All items that FleetFisheries.Com ships to
Massachusetts state customers are subject to tax at
the appropriate state and local rate. In
Massachusetts state, the total sales price includes
shipping and handling charges, discounts, and
gift-wrap charges.
OUR RIGHTS
FleetFisheries.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, FleetFisheries.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, FleetFisheries.Com
reserves the right to limit the quantities of items
purchased by you.
LINKS TO THIRD PARTY SITES
Occasionally, FleetFisheries.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. FleetFisheries.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 FleetFisheries.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 FleetFisheries.Com.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FLEETFISHERIES.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
FLEETFISHERIES.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 FleetFisheries.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 FleetFisheries.Com
in the United States of America. FleetFisheries.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 FleetFisheries.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
FleetFisheries.Com on the Site (including the
arbitration of any claim or dispute and the
enforceability of this paragraph), or to any other
alleged act or omission by you or FleetFisheries.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 FleetFisheries.Com also
agree that the AAA Optional Rules for Emergency
Measures of Protection shall apply to the
proceedings. You and fromthrdocks.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 FleetFisheries.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 FleetFisheries.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 FleetFisheries.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 Massachusetts.
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, FleetFisheries.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 FleetFisheries.Com share your concern that the
transaction process be exceedingly safe and that
your information as a customer be kept secure. At
FleetFisheries.Com, we utilize the enhanced security
technology of CART32.Com to host our store pages,
ordering system, and order data. Information
FleetFisheries.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) FleetFisheries.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
FleetFisheries.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 FleetFisheries.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
FleetFisheries.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.
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