PACIFIC CATCH – TERMS OF USE
Last Revised – January 12, 2017
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE.
Your use of this website or any mobile site or other domain or software application which Pacific Catch, Inc. and/or its affiliates and subsidiaries (collectively, “Pacific Catch”) owns, operates, licenses or controls (the “Site”) will indicate that you agree to the terms contained herein (the “Terms of Use” or “Terms”). Do not use this Site if you do not agree to be bound by these Terms. These Terms contain provisions that limit our liability to you.
In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Site, these Terms will govern. However, if you navigate away from the Site to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.
Pacific Catch reserves the right to change or modify these Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended Terms, you must stop using the Site.
Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Pacific Catch.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Pacific Catch or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Pacific Catch’s express written consent. All rights not expressly granted are reserved.
PERSONAL USE
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Pacific Catch, and that in the event of an unauthorized use Pacific Catch shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
SUBMISSIONS AND USE OF THIS SITE
You agree not to tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site.
Pacific Catch does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Pacific Catch’s products or marketing strategies might seem similar to ideas submitted to Pacific Catch. So, please do not send your unsolicited ideas to Pacific Catch or anyone at Pacific Catch.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that:
- the submission will immediately become the sole and exclusive property of Pacific Catch without compensation to you or any other person or party;
- Pacific Catch will consider the submission to be non-confidential and non-proprietary;
- Pacific Catch shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission;
- Pacific Catch may use or redistribute the submission or its content for any purpose and in any way it chooses; and
- the submission does not contain trade secrets or proprietary information owned by another.
PRODUCT SALES AND AVAILABILITY
Pacific Catch reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications or price of any products or services offered or mentioned on this Site.
GIFT CARDS
Pacific Catch gift cards are subject to certain restrictions. For the specific terms applicable to Pacific Catch gift cards, please refer to the page where those cards may be purchased.
LINKS
Some links on this Site will redirect you to sites not under the control of Pacific Catch. The appearance of a link on this Site does not imply Pacific Catch’s support or endorsement, nor is Pacific Catch responsible for the content found on any linked site. You access linked sites at your own risk.
PRIVACY
See our Privacy Policy.
JURISDICTION
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pacific Catch, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, or (iii) your conduct in connection with the Site.
DISCLAIMER
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, Pacific Catch MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Pacific Catch does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Pacific Catch is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY
PACIFIC CATCH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. PACIFIC CATCH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF PACIFIC CATCH IS NEGLIGENT OR IF PACIFIC CATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL PACIFIC CATCH BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. PACIFIC CATCH’ TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
SEVERABILITY
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
TERMINATION
Notwithstanding any of these Terms of Use, Pacific Catch reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Sites. Pacific Catch failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
WAIVER
Failure or delay by Pacific Catch to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Pacific Catch of any provision shall be deemed to have been made unless made in writing.
