TERMS OF USE – FORTUNE MANAGEMENT COMPANY, INC. (SEAFOOD CITY SUPERMARKET)
Effective Date: July 14, 2016
THESE TERMS GOVERN YOUR USE OF OUR SERVICES
Your use of the Services (as defined below), which are owned, controlled and/or managed by Fortune Management Company, Inc., a California corporation (“Seafood City Supermarket,” “we,” “our,” or “us”) is governed by these Terms of Service (“Terms of Use”). The Terms of Use applies to any websites, application, online service and other interactive properties, including for example, Seafood City Store (www.seafoodcity.com) and Grill City (www.grillcity.com), that links to these Terms of Use and all features, content, and other services that we own, control and make available through such websites, applications, services and properties (each a “Service” and collectively, the “Services”). By using the Services, you accept our Privacy Policy and these Terms of Use, and consent to the collection and use of your data in accordance with the Privacy Policy. In some instances, both these Terms of Use and separate terms will apply to your use of a particular Service (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will take priority and control unless expressly stated otherwise.
SEAFOOD CITY ACCOUNT
You may be required to register with Seafood City Supermarket in order to access certain services or areas of a Service. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use any Service or submit personal information to us. If you are required to register with Seafood City, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use a Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to Seafood City, we reserve the right, in our sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders.
For all mobile or website applications that require registration or a login, you agree to complete the initial registration process according to Seafood City requirements stated on the registration page, and to provide Seafood City with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and address, email address, and appropriate telephone contact numbers.
It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card or debit card number. You are also responsible for updating your registration information and your credit card or debit card information, as necessary, if you wish to utilize the certain Services.
COUPONS
Digital coupons (e.g., coupon codes) may be made available via our Service (or otherwise), which might be subject to applicable Additional Terms. We reserve the right not to honor coupons if we suspect the applicable Additional Terms or these Terms of Use have been violated or that the coupon has been tampered with, misused, duplicated or if we otherwise suspect fraud or inappropriate activity in relation to the coupon. Unless otherwise stated in the applicable Additional Terms, there is a limit of one (1) coupon per purchase of specified product(s) per individual. Some products may not be available in all of our stores and coupons may be limited to specific stores or regions. Coupons are non-transferrable and have no monetary or property value. Coupons offers are revocable upon posting of notice on our Service and are subject to correction of errors. Coupons are void if altered, transferred, reproduced, exchanged, sold, or purchased. The coupons are valid only in the United States and are void where prohibited or restricted by law. Coupons are subject to expiration as stated in any applicable Additional Terms.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in the Services, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Seafood City or its licensors. Nothing in these Terms of Use or otherwise will be deemed to grant to you any ownership interest of any kind in the Services.
In using the Services, you agree to respect the intellectual property and other rights of Seafood City and others. Your unauthorized use of Content (as defined below) may violate copyright, trademark, privacy, publicity, and other laws, and any such use may result in your personal liability. If you believe your work has been infringed by means of an improper posting or distribution of it via a Service, then see the Section entitled “DMCA NOTICE – NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS” below. All rights not expressly granted to you are reserved by Seafood City and its licensors and other third parties.
Seafood City and other related marks, design marks, product names, feature names and related logos used in the Services are trademarks of Seafood City and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Seafood City. In addition, the look and feel of the Services constitute the service mark, trademark and/or trade dress of Seafood City and may not be copied imitated or used, in whole or in part, without the express prior written permission of Seafood City. Our trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages Seafood City or suggests a sponsorship, affiliation or endorsement by Seafood City.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
CONTENT
The Services (including past, present, and future versions) and all content included on the Services, such as without limitation, recipes, menus, guides, shopping lists, flyers, text, graphics, logos, images, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Seafood City or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition laws to the fullest extent possible.
Seafood City shall not be liable for any errors in Content, or for any action taken by you in reliance thereon.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and the Additional Terms, Seafood City grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of the Services and the Content for noncommercial purposes. You may not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use. Accessing, downloading, printing, posting, storing, or otherwise using the Services or any of the Content for any commercial purpose, in any way, constitutes a material breach of these Terms of Use. The foregoing limited license may be immediately suspended or terminated for any reason, in Seafood City’s sole discretion, and without advance notice or liability.
UNLAWFUL OR PROHIBITED USES
The Services may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. You will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not, unless expressly authorized by Seafood City:
- Make any commercial use of the Services or its Content;
- Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate, search or conduct transactions on the Services;
- Frame, mirror, or use framing techniques on any part of the Service;
- Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images;
- Use any meta tags or any other hidden text utilizing Seafood City’s name or trademarks;
- Misrepresent your identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity;
- Use a buying agent to conduct transactions on the Services or conduct fraudulent activities on the Service;
- Violate or attempt to violate the security of the Services, including, without limitation: (i) accessing data not intended for you; (ii) trying to change the functionality of a Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security measures; (iv) attempting to interfere with service to any user or network; (v) forging communications on behalf of or to a Service; (vi) modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Services; or (vii) restricting or inhibiting any other person from using the Services;
- Tamper with the Services or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the Services;
- Collect or harvest personally identifiable information about other users of the Services; or
- Remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
UNLAWFULMODIFICATION AND DISCONTINUATION
Seafood City may at any time in its sole discretion without notice or liability to you: (i) modify, suspend or discontinue any part of the Services; or (ii) offer opportunities to some or all Service users which are different than opportunities offered to other Service users. Seafood City reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Services. Your continued use of a Service will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Service will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.
Seafood City reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Services and to block or prevent future access to and use of the Services for any reason. Upon any such termination, your right to use the Services will immediately cease.
You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Services. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
USER CONTENT
If the Service allows you to submit ideas, photographs, profiles, writings, media, video, audio, graphics, pictures, data, questions, comments, suggestions or other content, including personal information (“User Content”) through or to a Service, the such User Content must comply with these Terms of Use.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.
You are solely responsible for the User Content you submit, and Seafood City assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party: (i) monitor, review, display, post, store, maintain, accept or otherwise make use of User Content; (ii) alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address content that comes to our attention that we believe is in violation of these Terms of Use or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on a Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on a Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.
You agree that (a) your User Content is non-confidential and non-proprietary and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Seafood City does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon our request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms of Use or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. For any User Content you submit, you grant to Seafood City a non-exclusive, unconditional, worldwide, sub-licensable, perpetual, irrevocable, royalty-free transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense, broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation to you. In addition, you grant to Seafood City the right, without any obligation, to include the name provided along with the User Content submitted by you. You also hereby grant to Seafood City the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful and unrestricted right to submit the User Content and grant Seafood City the rights to it that you are granting by these Terms of Use and any Additional Terms.
Content is also provided by third party visitors to the Services. Please note that visitors to the Services may post content that is inaccurate, misleading, or deceptive. Seafood City neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Seafood City will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Seafood City.
You are solely responsible for your interaction with other users of the Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
DMCA NOTICE – NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Seafood City that your copyrighted material has been infringed. Under the DMCA, Seafood City is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Seafood City a counter-notification. We may publish or share these notices with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must comply with the requirements set out in 17 USC § 512(c)(3) (set forth below) and the notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent:
Administration Department
Fortune Management Company, Inc.
2883 Surveyor Street
Pomona, CA 91768
admindept@seafoodcity.com
The DMCA notice needs to contain the following information:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
THIRD PARTY LINKS AND DEALINGS
The Services may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers’ applications (collectively, “Third Party Applications”). Seafood City is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Applications. Before enabling any sharing functions of the Services to communicate with any such Third Party Application or otherwise visiting any such Third Party Application, Seafood City strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Application. The links and interactive functionality for Third Party Applications on the Services do not constitute an endorsement by Seafood City of such Third Party Application. Other Third Party Applications may link to the Services with or without our authorization, and we may block any links to or from the Third Party Applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Third Party Applications or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Seafood City disclaims all liability in connection therewith.
LINKS BY YOU TO THE SERVICES
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with Seafood City or cause any other confusion, and (c) the links and the content on your website do not portray Seafood City or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that objectionable to Seafood City. We reserve the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
WIRELESS, MESSAGING AND LOCATION-BASED FEATURES
The Service may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access a Service’s features and upload content to the Service, receive messages from a Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree that as to the Wireless Features for which you are registered, we may send communications via such features or apps to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via a Service for Wireless Features, then you agree to notify Seafood City of any changes to your wireless contact information (including phone number) and update your accounts on such Service to reflect the changes. A Service may include push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text messages or alerts from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, you will be provided with instructions on how to obtain help or to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at admindept@seafoodcity.com.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
If you have enabled GPS or other location-based features on the Service, you acknowledge that your device location will be tracked and may be shared with others consistent with the Privacy Policy. You can terminate device location tracking by us by uninstalling the applicable Service. The location-based services offered in connection with the applicable Service are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based services are used at your own risk and location data may not be accurate.
DISCLAIMERS OF WARRANTIES
Seafood City cannot and does not represent or warrant that the Services will be error-free, uninterrupted, free from unauthorized access or otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (COLLECTIVELY, THE “SERVICES AND CONTENT”) ARE PROVIDED BY SEAFOOD CITY ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permissible by law, Seafood City and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “Seafood City Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Services and Content; (b) the functions, features, or any other elements on, or made accessible through, the Services; (c) any products, services, or instructions offered or referenced at or linked through the Services; (d) security associated with the transmission of your User Content transmitted to Seafood City or via the Services; (e) whether the Services are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device); (f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Services will be repaired or corrected; (h) whether the Services will be compatible with any other specific hardware, software or service; (i) whether your access to the Services will be uninterrupted; (j) whether the Services will be available at any particular time or location; and (k) whether your use of the Services is lawful in any particular jurisdiction.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. SEAFOOD CITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY SEAFOOD CITY IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, SEAFOOD CITY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICES, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY SEAFOOD CITY.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the Services. IN NO EVENT WILL SEAFOOD CITY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICES, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION.
JURISDICTIONAL MATTERS
The Services are controlled and/or operated by Seafood City from the United States, and is not intended to subject Seafood City to the laws or jurisdiction of any state, country or territory other than that of the United States. Seafood City does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States and, in some cases, Ontario, Canada. In choosing to access the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
HEALTHCARE AND NUTRITION INFORMATION
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICES, SEAFOOD CITY DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
IF THE SERVICES INCLUDE HEALTHCARE INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
IF THE SERVICES INCLUDE INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS YOU SHOULD BE AWARE THAT SUCH INFORMATION IS NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL MEDICINE AND SUPPLEMENT INDUSTRY, YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
RELEASE
We provide information through the Services for your information and enjoyment. Your use of the Services is strictly voluntary. Because some of the information in the Services may relate to modifications to your diet or provide suggestions for meals from recipes, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle or in consuming meals prepared using such recipes. By using the Services, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
YOU KNOWINGLY, AND VOLUNTARILY DO HEREBY INDEMNIFY, RELEASE, ACQUIT, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE SEAFOOD CITY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATIONS, ANY REASONABLE FEES AND EXPENSES OF ITS ATTORNEYS AND CONSULTANTS) RELATING TO OR ARISING OUT OF ANY CLAIMS, DEMANDS OR CAUSES OF ACTION OF EVERY KIND AND CHARACTER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY AND PROPERTY DAMAGE CLAIMS) AS A RESULT OF THE CONTENT, INFORMATION AND MATERIALS OFFERED BY SEAFOOD CITY THROUGH THE SERVICES.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY SEAFOOD CITY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES (INCLUDING THE CONTENT AND THE USER CONTENT); OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICSE, OR THE PERFORMANCE OF THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SEAFOOD CITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SEAFOOD CITY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SEAFOOD CITY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SEAFOOD CITY (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF SEAFOOD CITY.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Services, you agree to defend, indemnify, and hold harmless the Seafood City Parties from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your access to or use of the Services, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms of Use or any Additional Terms. You will cooperate as fully required by the Seafood City Parties in the defense of any Claim. Notwithstanding the foregoing, the Seafood City Parties retain the exclusive right to settle, compromise, and pay any and all Claims. The Seafood City Parties reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claim without, in each instance, the prior written consent of an officer of a Seafood City Party.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Seafood City sends to you, you consent to receive notices and other communications by Seafood City posting notices on the Services, sending you an email at the email address listed in your profile in your account, texting or push notifications to your mobile device or mailing a notice to you at your billing or street address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Seafood City provides to you satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Services or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RULES FOR PROMOTIONS
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.
NOTICES FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to admindept@seafoodcity.com. You may also contact us by writing to 2883 Surveyor Street, Pomona, CA 91768, Attention: Administration Department: Terms of Use. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted content or information on the Services, can request that such information be removed from the Services by contacting us at the e-mail or address set forth in the “Contact Us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
APPLICABLE LAW; ARBITRATION OF DISPUTES; CLASS ACTION WAIVER
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Seafood City agree that the parties intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
You and Seafood City agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Seafood City hereby waive any right to a jury trial of any Claim (as defined herein). All controversies, claims, counterclaims, or other disputes arising between you and Seafood City relating to these Terms of Use and any Additional Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”) in the County of Los Angeles, California. You agree that all Claims will be governed by the laws of the State of California without regard to California’s choice of law principles. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Seafood City will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Seafood City from seeking action by federal, state, or local government agencies. You and Seafood City also have the right to bring qualifying claims in small claims court. In addition, you and Seafood City retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected in any way with your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
NEITHER YOU NOR SEAFOOD CITY MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR SEAFOOD CITY’S INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. This Section of these Terms of Use will survive the termination of your relationship with Seafood City.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SEAFOOD CITY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
DEVICES AND CONNECTIVITY
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Services and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Services.
By using the Services, you agree that Seafood City may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Services. For instance, a Service may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Service operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing or otherwise using the Services. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with a Service by uninstalling a Service.
When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
MISCELLANEOUS
These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Seafood City with respect to the Services and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Services. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. Seafood City may assign its rights and obligations under these Terms of Use and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. Seafood City may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
CONTACT US
If you have any concerns about Seafood City or your use of the Services, please contact us at:
Fortune Management Company, Inc.
2883 Surveyor Street
Pomona, CA 91768
Attention: Administration Department
admindept@seafoodcity.com
ADDITIONAL TERMS – SEAFOOD CITY STORE AND GRILL CITY
These Additional Terms for Seafood City Store and Grill City (“Commerce Additional Terms”), in addition to the Terms of Use for the Services, govern your ordering and purchasing of products and services through the Seafood City Store and Grill City website and mobile application and your use of any other Seafood City e-commerce ordering or shopping services (collectively “Online Ordering Services”). If there is a conflict between these Commerce Additional Terms and the Terms of Use for the Services, then these Commerce Additional Terms shall take priority and control.
These Commerce Additional Terms apply to online orders delivered to a physical address (if such service is available) and online orders picked up from our participating locations, but they do not relate to your shopping at any of our physical stores. Please note before placing any order online at our Online Ordering Services that online prices, promotions, and offers may differ from those in Seafood City’s physical stores and locations. All references to “store,” “online,” “website,” or “online store” as used herein refer to the Online Ordering Services only unless expressly stated otherwise.
Your use of the Online Ordering Services constitutes your agreement to these Commerce Additional Terms and the Terms of Use for the Services. If you do not agree to these Commerce Additional Terms, do not use the Online Ordering Services.
In addition, by completing the online registration process, submitting each order and completing the checkout process, you confirm and affirm that you have read, understood and agree to these Commerce Additional Terms, and the form in which they appear at the time your most recent online order was submitted or when your online registration was completed if you have not yet made a purchase, and the Terms of Use for the Services.
You agree that the Online Ordering Services are provided on an “As Is” and “As Available” basis. We are not liable to you if we are unable to supply a particular item. If you are not satisfied with any order, you may return it to the pick-up attendant at the participating location for an exchange, return or refund in accordance with our Return Policy.
We are unable to issue or accept rain checks online. We also do not accept printed coupons with online ordering.
OFFER AND ACCEPTANCE
By submitting a completed order form, you offer to purchase, pursuant to the version of these Commerce Additional Terms on the website at that time and the order form, the groceries, prepared foods and other items (collectively, “Product”) you select and submit to Seafood City through the Online Ordering Services for purchase via the order form. Seafood City may accept your offer by sending you an electronic confirmation that your order has been received and accepted. It shall be in Seafood City’s discretion to accept or reject your offer. If Seafood City accepts your offer, the version of these Commerce Additional Terms on the website at the time you submitted your order form, the Terms of Use operative at that same time, and the order form you submitted collectively constitute a legal agreement between Seafood City and you governing your purchase of the Product from Seafood City through the Online Ordering Services.
If you schedule pick up for a future date the price of the Products may change between the time you submit your order form and the date of pick up, and you will be charged the prices shown and promotions available in the Online Ordering Services applicable on the date of pickup. You may cancel or change your order in accordance with the Cancellation Policy (which is made a part of the Return Policy).
We reserve the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at our sole discretion.
RESPONSIBILITIES
If Seafood City accepts your online order, Seafood City shall, in return for your payment, provide the Product that you ordered through the Online Ordering Services. The Product shall be picked up by you at the participating location selected by you. Your payment for the Product and pick up, including any applicable sales taxes, is due upon completion of processing your order on the day of pick up. Seafood City will charge the payment for Product to the credit card or third party payment processing service selected by you that you submit to Seafood City as part of the checkout process, and will collect the payment from your bank or from such third party payment processing service. You authorize Seafood City to make and collect such payment and charge, and agree to make payment to Seafood City if Seafood City cannot collect the charge for any reason. The total amounts you shall pay in each order include the amounts charged for Product and all applicable sales taxes and pick up charges or tips, if any, as reported to you in the pick-up receipt.
PRODUCT PRICING AND PICK-UP FEE
The prices quoted on the Online Ordering Services at the time of your online order are estimated prices only. The actual order value cannot be determined until the day pick up, because of variations in product weights, variations in prices regionally and available promotions between the date you submit your order and the date/time your order is filled and picked up, and because taxes, and item availability cannot be determined until the order is ready to be delivered or picked up. There are no price guarantees for orders made on the Online Ordering Services.
Online store pricing applies to all pick up orders. You will be charged the prices and receive the promotions applicable to your online store, as noted next to each item, on the day of pick up.
Changes to pick up time after the time the order is submitted may not be available. All goods must be signed for on pick up by an adult eighteen (18) years of age or older. The goods will be retained by the pick-up attendant if no adult is at the pick-up location when the pick-up is attempted, in which case, you should contact the local Seafood City location where you placed the order to reschedule pick-up.
A minimum purchase amount may apply orders.
PROMOTIONS
Items are periodically offered at special rates. Please indicate the exact quantity of Products you wish to purchase. Refunds or credits will not be issued for promotional items not actually ordered. Promotions may differ between the physical stores and the Online Ordering Services.
CONTACTING YOU
Seafood City shall conclusively presume that online communications received from you through your use of the online order form and the registration process are accurate, complete, and authorized by you as received by Seafood City. You agree not to contest the validity and binding legal effect of those communications.
Seafood City may contact you by email, telephone, or text message if you provide us with your contact information. For more information about Seafood City’s use of your information and how to opt out of receiving certain communications from Seafood City, please see our Privacy Policy. You can always contact marketing@seafoodcity.com if you have questions or concerns or wish to stop receiving certain communications.
If you provide Seafood City with your email address, we may contact you by email in order to provide you with information about your orders and deliveries, to provide you with special offers, to notify you of new products or services, and to otherwise communicate with you about Seafood City. You may opt out of receiving certain emails from Seafood City as described in our Privacy Policy and by clicking on the “unsubscribe” link included at the bottom of all marketing emails.
Telephone
By providing your telephone number to Seafood City, you agree that Seafood City may call you about your order, or if we suspect an instance of fraud. For example, we may call you if there is a problem with your order.
Text Message; Push Notification
By proving your mobile number to Seafood City, you agree to receive text message notifications about your Product order and delivery of such messages to your mobile number from time to time. We may text you to send you notifications about your order such as if your order is available for pick-up.
By downloading a mobile application for an Online Ordering Service and by enabling push notifications, you agree to receive notifications about your Product order via such mobile application from time to time.
You understand that consenting to receive text messages or push notifications is not a requirement in order to purchase a Product from Seafood City using the Online Ordering Services. Message and data rates may apply. Please contact your wireless carrier for pricing details, if you have any questions regarding your plan’s specific rates. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of receiving text messages or push notifications from Seafood City.
ELIGIBILITY
You must be age eighteen (18) or older, and have completed the registration process to participate in any of the Online Ordering Services provided by Seafood City. You will receive a user ID and password. Please keep them secret. You are entirely responsible for any use of the Online Ordering Services under your user ID and password. You must immediately notify Seafood City of any unauthorized use of your user ID or any breach of security that becomes known to you.
CUSTOMER REGISTRATION; INFORMATION CHANGES
You agree to complete the initial registration process according to Seafood City requirements stated on the Online Ordering Services, and to provide Seafood City with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. If debit card or credit card purchasing is enabled, you must provide Seafood City’s third party credit card payment processor with an accurate and complete card number and expiration date at the time of checkout. You represent and warrant to Seafood City that your use of any debit card or credit card is authorized and legal.
It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your debit card or credit card number. You are responsible for updating your registration information and your debit card or credit card information with Seafood City (or our third party payment processor), as necessary.
PICK UP
Large orders of specific items will be fulfilled based on available inventory levels on hand. Inventory levels may differ from one location to another location. You may only receive a portion of an order. We reserve the right not to provide items we deem to be excessive in quantity.
The Product will be available for pick up at the participating location selected by you for your order.
METHODS OF PAYMENT
You can pay by PayPal and once implemented, any Visa, MasterCard, American Express or Discover card. Your credit card number will be encrypted by our third party payment processor to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time of order.
PRODUCT AVAILABILITY
In the event a Product you have ordered is temporarily unavailable, your designated Seafood City location will contact you.
SATISFACTION GUARANTEE
If you are not satisfied with a Product for any reason, contact your local Seafood City location, and subject to the Return Policy, we will issue a credit to your credit card or refund in an amount equal to the value of the item, plus applicable sales tax or, if you request, will add a credit to your account.
PRODUCT INFORMATION
Seafood City is not responsible for any inaccuracy, incompleteness, or misstatement of any information relating to the Products.
DISCLAIMER OF WARRANTY
THE ONLINE ORDERING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SEAFOOD CITY DOES NOT PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY BY YOU OF ONLINE ORDERING SERVICES. SEAFOOD CITY MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY OR SUFFICIENCY THEREOF, OF ANY PRODUCT INFORMATION LISTED ON THE SITE OR ANY OTHER SERVICE. SEAFOOD CITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE ORDERING SERVICES, DELIVERIES, PICK UP ORDERS, OR OTHERWISE.
LIMITATION OF LIABILITY
SEAFOOD CITY SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), UNAUTHORIZED USE OF YOUR DEBIT OR CREDIT CARD, OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SEAFOOD CITY. ANY LIABILITY OF SEAFOOD CITY PARTIES TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SEAFOOD IN YOUR MOST RECENT USE OF THE ONLINE ORDERING SERVICES IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.
CHANGES TO ADDIITONAL TERMS
Seafood City reserves the right to, from time to time, in our sole discretion, amend these Commerce Additional Terms. You can determine the date these Commerce Additional Terms were last amended and updated by referring to the modification date shown below. Any amendments to these Special Terms will apply only to those orders you place on or after the applicable modification date. It is your responsibility to review the Special Terms before submitting each order. Your continued use of the Online Ordering Services constitutes your agreement to the then-current amended and updated Commerce Additional Terms.
ADDITIONAL TERMS GOVERN
These Commerce Additional Terms, as amended from time to time, along with the order form you submit to Seafood City through the Online Ordering Services and the Terms of Use for the Services shall be the sole terms of the agreement between you and Seafood City regarding your use of the Online Ordering Services. All statements otherwise made on the Services, or otherwise, are intended only for your convenience and do not form and are not included in our agreement or the terms for your purchase.
TAXES
If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Seafood City and you must timely pay such taxes or amounts.
RIGHT TO REFUSE SERVICE
Seafood City, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.