As we expand and improve the Website, we might have to make changes to this Agreement. When we do, we will make every effort to let you know right here! By using the Websites, you acknowledge your receipt of, and consent to, this Agreement and any subsequent modifications made hereafter. However, there may be rare instances where we may have to modify this Agreement at any time without prior notice to you. Therefore, such modifications shall be deemed effective upon the posting of the modified Agreement at the Websites. You agree to periodically review the Agreement made available on the Websites in order to remain apprised of any and all subsequent modifications. Your continued use of the Websites shall be deemed your conclusive acceptance of the Agreement then in effect.
It is really important that the email address associated with your account is accurate and up-to-date. If you ever forget your password or for example, you fall victim to a hacker, a functional email address is usually the only way for us to recover your account. Notwithstanding this, we offer all visitors the ability to purchase products and services from the Websites as a “guest” of the Websites. However, in order to access the best features of the Websites, you may be required to register at our Websites.
To register, you will need to select a password and user name, which will consist of an email address you provide and/or a screen name (“User ID”). If you register at our Websites, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of this Agreement, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our sole discretion. Simply put, do not do bad things to our Websites or to other users and you will be fine.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Websites. You will comply with all laws applicable to your activities on the Websites and with this Agreement. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Websites encrypt your credit card and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.
DESCRIPTION OF PRODUCTS AND/OR SERVICES
At the Websites, you can purchase Pacific Fish Market goods and/or services, send us feedback via email or by completing a survey and/or partaking in raffles. By submitting your information to the Websites in this regard, you can provide us with information necessary to best serve you. We may, in our sole discretion, contact you about our house account services and concerning your feedback from your emails or the survey. The survey form contains informational fields to be completed by you and subsequently submitted to us. We want to hear from you! Don’t be shy!
We want our customers to be safe and healthy when consuming our products. We are therefore including the following website link for information relating specifically to seafood safety:
Please take the time to review this website for pertinent information concerning the health and safety of consuming fish. Generally speaking, consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food borne illness, especially if you have a medical condition.
Furthermore, the above-referenced website links and any materials related to health information are provided for educational purposes only. Some of this content comes from third parties and unless specifically stated, Pacific Fish Market does not vouch for the correctness of such information. While we work to ensure that product information is correct, on occasion manufacturers or distributors may alter their ingredient lists. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our Websites. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. Content on our Websites are for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. We do not endorse or warrant the validity of any health-related statements found on our Websites or on any third-party websites accessed through our Website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Contact your health-care provider immediately if you suspect that you have a medical problem.
INFORMATION WE COLLECT
We collect personally identifiable information from you when you:
Purchase, order, return, exchange or request certain information about our products and services;
Apply for a house account;
Conduct a transaction where we collect information required by law;
Visit our Websites via “cookies”;
Visit our stores;
Create an account at one of our online Websites;
Contact our customer service department;
Provide us with comments, suggestions, feedback or surveys;
Otherwise submit personal information to us.
Personally identifiable information is information that identifies you specifically. The personally identifiable information we collect may include contact and payment information like your name, email and physical addresses, telephone numbers, date of birth and credit and debit card numbers. When you ask us to ship or deliver an order, we may collect personally identifiable information you provide us such as the name, address, applicable store location, and telephone number of recipients. We may collect your Social Security Number and other financial information where required for certain transactions, such as when providing house account credit services. We strive to limit the amount of personally identifiable information collected to support the intended purpose of the collection. However, in the event that you provide us with your Social Security Number or other financial information, we may use that information to determine your financial situation in connection with the extension of a house account by us or our related entities and by sharing such information with consumer reporting agencies, consumer credit bureaus or for any other lawful purposes. We may receive personally identifiable information about you from other sources as well. Examples of these sources are entities that can help us correct our records, improve the quality or personalization of our service to you, provide demographic data, and help prevent or detect fraud. In addition, we may collect information from consumer reporting agencies, affiliates, or other service providers if you apply for credit. We also receive and store certain types of information when you interact with our Websites, e-mails, and online advertising. Our purpose is to allow the Websites to work correctly, to evaluate use of the Websites and to support Website analytics and marketing campaigns.
We may also collect technical information such as your internet protocol address, your computer’s operating system (e.g., Windows or Mac OS) and browser type (e.g., Google Chrome, Internet Explorer), the address of a referring website, if any, and the path you take through our web pages. We reserve the right to use your internet protocol address to help diagnose problems with our server, and to administer the Websites. Your internet protocol address may be used to gather broad and specific demographic information as well as for validation purposes. We may use “cookies” to recognize you as you use or return to our Websites. This is done so that we can provide a continuous and more personalized shopping experience for you. A cookie is a small text file that a website or e-mail may save to your browser and store on your hard drive. Cookies are text files that we place in your computer's browser to store your preferences. To find out more about cookies, please visit www.cookiecentral.com. Even in the case where a user rejects a cookie, he or she may still use the Websites. We may also use web beacons. Web beacons allow us to know if a certain page was visited, an e-mail was opened, or if ad banners on our Websites and other sites were effective. Web beacons utilize certain tracking software to capture your domain name address (the address of your Internet service provider) for purposes of tracking statistics at our Websites. The capture of your domain name is a common practice among websites for measuring the number of hits, pages visited, and length of user session. We use this information to measure the effectiveness of the applicable Website offerings in order to service you better. We operate cameras in our stores for security and operational purposes, such as to measure traffic patterns. Except for security purposes, we do not use these cameras to identify you personally .
HOW WE USE AND/OR SHARE YOUR INFORMATION
We do not sell or rent your personal information to third parties. We use your information to provide requested products and services and to support core business functions. These include fulfillment, internal business processes, marketing, authentication and fraud prevention, and public safety and legal functions. Examples of this usage are as follows: (i) To fulfill your requests for products and services and communicate with you about those requests; (ii) To register and service your account; (iii) To administer surveys, sweepstakes, contests, and promotions; (iv) To provide customer service and alert you to product information; (v) To help us improve and customize our product and service offerings, Websites, and advertising; (vi) To send you information about our products, services and promotions; (vii) To protect the security or integrity of our Websites and our business; and (viii) To analyze your requests for credit granting and approval. To accomplish these purposes, we may combine personal and non-personal information we collect online with offline information, including information from third parties. We may also share your information within our family of corporate affiliates, to accomplish these and our affiliates’ purposes. We may share your personal information, whether you are a current or former customer, under limited circumstances. We may share information about you with service providers or suppliers that help with our business operations. Examples are shipping vendors, third party lending institutions, credit card processors, billing services, and companies that help us improve our product and service offerings and our Websites. We require these service providers and suppliers to keep the information secure. We also prohibit them from using your information for any purposes other than those requested by us. If you apply for a Pacific Fish Market house account, we may share your information with the financial institutions that we partner with. Our partners may only use the information you give to us to extend you credit on a house account. We may share your information in other special circumstances. We reserve the right to release current or past user or customer information and personally identifiable information in the event that we believe that the Websites have been used in violation of the Website Terms and Conditions or to commit unlawful acts; if the information is subpoenaed; or if Pacific Fish Market or its related entities and/or subsidiaries is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time. We also reserve the right to release current or past user or customer and personally identifiable information in situations where we believe in good faith that the law requires it, or that the sharing is necessary to protect the safety, property, or other rights ofPacific Fish Market , our customers, our associates, or any other person. Examples include protecting the health or safety of customers, or addressing crimes committed on Pacific Fish Market property. Data from in-store security cameras may also be provided to law enforcement upon written request. We may share aggregate and statistical data that does not identify you personally. We may do this for research and marketing purposes, for instance to describe our services to prospective partners or advertisers, and for other lawful purposes. You agree that by submitting your e-mail address at the Websites you may receive email marketing from us (including other Pacific Fish Market properties) and our third party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, we or our designee retain the right and you hereby expressly authorize us and/or our designee to contact you in accordance with the terms of the ATSR. Moreover, by registering with, or requesting information from us or another third party advertiser at or through the Websites, such action shall constitute a purchase, an inquiry and/or an application with the respective affiliated third party advertiser for purposes of their compliance with the ATSR and you may be contacted via e-mail, instant messaging, text messaging, direct mail and/or telemarketing by such third party advertiser in accordance with the terms of the ATSR.
We want to communicate with you in ways you want to hear from us. Examples are newsletters , special offers, email blasts, surveys and new product announcements. We use an opt-in standard for phone and text messages. We also use an opt-in standard for sharing personally identifiable information with third parties for marketing purposes. Opt-in means we will only conduct the activity with your express consent. We use an opt-out standard for all other communications. Opt-out means we will conduct the activity unless you tell us not to. You can provide us your marketing preferences by contacting the privacy department as described in the “Contact Us” section below. If you contact us by e-mail or mail, please be sure to include your full name, the types of communications you would like to receive or not receive, and your related contact information. For instance, if you would like to opt-out of mail, include your mailing address. Please allow sufficient time for your preferences to be processed. It may take up to 10 days to process your requests related to e-mail and 4-6 weeks for other requests. You can also change your mind about your marketing preferences. To do so, you can contact us as described in the “Contact Us” section below. Please be aware that, even if you have opted out of receiving marketing communications from us, we may still contact you for transactional purposes. Some examples are contacts for customer service, product information, service or reminder notices, or recalls. We may also need to contact you with questions or information regarding your order, such as regarding order status, shipment, or refunds. You may exercise choices related to our online operations and advertising. For instance, you can choose to browse our Websites without accepting cookies. Please know that cookies allow us to recognize you from page to page, and they support your transactions with us. Without cookies enabled, you will still be able to browse our Websites, but will not be able to complete a purchase or take advantage of certain website features. You may also opt-out of certain online advertising called interest-based advertising. Interest-based ads are ads that are served to you based on your browsing behavior. The goal is to show you ads more tailored to your interests. We may use how you browse and shop in order to show you advertisements on our Websites that are more relevant to your interests . As an example, if you browse for “fish” with us or other sites, we may show you ads for “fish” as you browse our Websites. Advertisements may relate to Pacific Fish Market, our affiliated entities or our advertising partners. We do not share personal data about you with advertising partners to place an ad for them. We only retain data related to the ads for legitimate business purposes. In addition, we reserve the right to belong to advertising networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. You may see ads for Pacific Fish Market on participating websites based on how you browse our website and those sites. We do not allow the network provider to provide your browsing behavior on our Websites to other websites. You may opt-out of either interest-based advertising on PacificFishMarket.com or interest-based advertising on other sites by contacting us as described in the “Contact Us” section below. Other websites you visit may offer their own opt-out methods as well. If you do opt-out of interest-based advertisements, you may still see advertisements on websites you visit, just not ads based on your browsing behavior.
SOCIAL MEDIA WIDGETS
HOW TO ACCESS AND UPDATE YOUR INFORMATION
We take reasonable steps to keep your personal information accurate and complete, so we can treat your information properly and effectively under this policy. You can access or update your information, including contact or account information if you have created an account on one of our Websites by logging into your account. Once you do, you will be able to enter and update your own contact information and payment information, as well as contact information for recipients you have designated
HOW WE SECURE YOUR INFORMATION
Securing your information is a company priority. Whether you are shopping online or in our store, we use reasonable security measures to protect the confidentiality of personal information. When we do have to collect your most private personal information, such as Social Security Numbers, we will protect its confidentiality, prohibit its unlawful disclosure. When our registration/application process asks users to enter sensitive information (such as your Social Security Number, etc.), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. However, no method of security is 100% effective and we cannot be responsible for the actions of those who may gain unauthorized access to your personal information. Pacific Fish Market makes no warranties, express, implied or otherwise as to the ultimate effectiveness of these reasonable and appropriate safeguards. All collected information is stored in a technically and physically secure environment. When we ask users to enter sensitive information (such as credit card information, Social Security Numbers, etc.), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a credit specialist or a customer service representative) are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures. Your account information is protected by the password you use to access your online account. Please keep this password confidential. If your browser is capable of SSL (and most are), your account information will be protected during transport across the Internet. We also protect the credit or debit card information we collect during transactions. We comply with industry standard requirements. These standards require safeguards for handling and securing customer information. These include using secure networks; encryption or other protection of cardholder data; physical and technical access controls; monitors and tests of security systems; and information security policies.
We are committed to protecting the online privacy of minors. In order to protect children’s personal information, and to meet the standards of the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of 18 on Pacific Fish Market's websites without prior parental consent. Our Websites are general audience websites not geared towards children. In several areas of our Websites, such as when customers contact us via e-mail, create an account, or sign up for surveys or raffles, we may ask for birth year information. We ask for this to help us ensure that children do not provide us personal information on the site. Please contact us at the e-mail or postal address provided in the “Contact Us” section of this policy if you believe we may have collected information from your child and we will work to delete it.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
E-mail us at Pacificfishmkt@gmail.com or call us at 908-241-8400 for product questions and general feed back questions.
You can also contact us via the address below:
Mail: Pacific Fish Market
317 Cox St., Roselle, NJ 07203
The above-referenced website link and any materials related to health information are provided for educational purposes only. Some of this content comes from third parties and unless specifically stated, Pacific Fish Market does not vouch for the correctness of such information. While we work to ensure that product information is correct, on occasion manufacturers or suppliers may alter their ingredient lists. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our Websites. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. Content on our Websites are for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. We do not endorse or warrant the validity of any health-related statements found on our Websites or on any third-party websites accessed through our Website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Contact your health-care provider immediately if you suspect that you have a medical problem.
PRICING & CONTENT INFORMATION
Price and Availability.
We have been doing this for over 40 years! We pride ourselves in offering you the finest and freshest quality. We bring in fresh product daily and hand pick, cut and package your perishable product to order.
Pricing of perishable items is by the pound and based on an estimated weight. The final price at time of checkout is estimated.
Your credit card will be charged on the day your order is processed.
Fresh product availability depends on seasonality, market availability, and quality. If an item is not available or does not meet our high standards then we will substitute it with an equal item. We will make every effort to contact you to let you know. At Pacific Fish Market we offer our customers the finest and freshest product for the best value. We receive fresh products every day to assure you the highest quality.
At the present time, you can order or purchase only selected products from us on our Websites.
We strive for accuracy when it comes to describing our products and/or services. However, we do not and cannot warrant that product and/or service descriptions or other content contained on the Websites are entirely accurate, complete, reliable, current, or error-free. If you find a product and/or service is not as described, your sole remedy is to return it in unused condition, but first, please email us at email@example.com
For other branded products, the product information provided at the Websites is supplied by our suppliers. Since we do not control our suppliers, we cannot take responsibility for instances where the product information contained on our product labels differs from the product information described at the Websites. For similar reasons, we do not and cannot warranty that the product information supplied by our suppliers is complete, precise or current. As a result, we suggest that you simply make it routine to read product labels anytime you purchase a product. Pacific Fish Market cannot and does not take responsibility for any misrepresentations or errors about products supplied by our suppliers.
CUSTOMER SATISFACTION GUARANTEE
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 908-241-8400, contact us via email at firstname.lastname@example.org. Pacific Fish Market may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.
You have to be at least eighteen (18) years old to purchase products and/or service on the Websites. This rule is to ensure that the Websites are available for use only to individuals who can enter into legally binding contracts under applicable law. We do not knowingly gather or solicit information from such users. If you are under the age of eighteen (18), you do not have permission to purchase products or services from the Websites in any manner whatsoever.
LICENSE GRANT/USE OF SITE
When you shop at our Websites, you are giving us permission to make our products and services available to you in all the ways you would expect us to. We never aim to do anything with our products and/or services that surprises you. At the Websites, you will find information related to our stores and have the ability to purchase products and/or services. Pacific Fish Market hereby grants to you a limited, nonexclusive, nontransferable and revocable license to use the Websites and associated content in accordance with this Agreement. Pacific Fish Market may terminate this license at any time for any reason. For all reviews, comments, surveys, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Websites, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Websites (collectively, the “Comments”) you grant us a royalty-free, irrevocable, transferable right and license to use the Comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are under no obligation to maintain any Comments in confidence, pay to user any compensation for any Comments or respond to any user Comments. You agree that any Comments submitted by you to the Websites will not violate the terms of this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Websites will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of SPAM. We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Websites. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit to the Websites. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. You may make use of the Websites on one computer for your own personal use. No part of the Websites may be reproduced in any form or incorporated into any information retrieval system, either electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Websites, Website content or any portion thereof. Pacific Fish Market reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites. You may not take any action that imposes an unreasonable or disproportionately large load on Pacific Fish Market's computer network infrastructure. You may not use the Websites to defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or conduct or forward illegal contests, pyramid schemes, or chain letters, publish, post distribute, disseminate or link to any inappropriate, profane, defamatory, infringing, obscene, adult content, nude, or indecent or unlawful topic, name, material or information. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Websites.
INTELLECTUAL PROPERTY & PROPRIETARY RIGHTS
The content, organization, graphics, images, photos, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Websites, together with the “Pacific Fish Market” name, brand and logos, as well as any and all titles, characters, names, graphics, and button icons are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Websites is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Websites. The posting of information or material at the Websites by Pacific Fish Market does not constitute a waiver of any right in such information and/or materials. Any and all third party brands, logos, trademarks, service marks, product names, company names located on the Websites or those third party brands, logos, trademarks, service marks, product names, company names you see while shopping at one of our stores are the sole intellectual property of the applicable third party owner and not Pacific Fish Market (collectively, “Third Party IP”). Simply shopping on our Websites does not give you a license to infringe upon any Third Party IP, nor can you reasonably claim any ownership in and to such Third Party IP by using the Websites or shopping in one of our stores.
LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to the Internet websites of other third parties (“Third Party Websites”). Pacific Fish Market is not responsible for the accessibility of these Third Party Websites, their resources, content, products and/or services. Furthermore, Pacific Fish Market is not responsible for (nor does it endorse) any of the content, advertising, products and/or services, or other materials available on or through any Third Party Websites. Under no circumstances shall Pacific Fish Market be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by use of, or reliance on, any content, goods and/or services available on or through such Third Party Websites.
You agree to release, indemnify and hold Pacific Fish Market, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Websites; (ii) your breach of the terms of this Agreement; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Pacific Fish Market, its subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES
THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY PURCHASE VIA THE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PACIFIC FISH MARKET MAKES NO WARRANTY THAT: (I) THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY PURCHASE VIA THE WEBSITES WILL MEET YOUR REQUIREMENTS: (II) THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY PURCHASE VIA THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY PURCHASE VIA THE WEBSITES WILL BE ACCURATE OR RELIABLE. THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY PURCHASE VIA THE WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PACIFIC FISH MARKET THROUGH OR FROM THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY PURCHASE VIA THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PACIFIC FISH MARKET SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PACIFIC FISH MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (I) THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES; (II) THE FAILURE TO QUALIFY FOR A HOUSE ACCOUNT; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR PRODUCTS/SERVICES PURCHASED OR OBTAINED FROM THE WEBSITES, IF ANY, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (IV) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE DATA SUBMITTED TO PACIFIC FISH MARKET BY YOU; (V) ANY MATTER RELATING TO THE EXTENSION OF CREDIT; AND (VI) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES, IF ANY, MADE AVAILABLE ON THE WEBSITES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE PACIFIC FISH MARKET FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF PACIFIC FISH MARKET TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR GOODS OR SERVICES PURCHASED AT THE WEBSITE OR AT ANY PACIFIC FISH MARKET STORE LOCATION. YOU HEREBY RELEASE PACIFIC FISH MARKET FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PACIFIC FISH MARKET. THE WEBSITES AND THE HOUSE ACCOUNT SERVICES, TO THE EXTENT SUCH FINANCING SERVICES ARE EXTENDED TO YOU WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Websites and all charges related thereto. Any attempt to damage, destroy, tamper with or vandalize the Websites, or otherwise interfere with the operation of the Websites is a violation of criminal and civil law and Pacific Fish Market will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Websites. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Websites, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Websites, as well as all copies of such materials, whether made under this Agreement or otherwise.
This Agreement shall be treated as though it were executed and performed in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any dispute relating in any way to your visit to or participation on the Websites shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have with respect to the Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. Pacific Fish Market may assign its rights and duties under this Agreement to any party at any time without notice to you.
ELECTRONIC SIGNATURES & ELECTRONIC RECORDS
By submitting your information and agreeing to the terms of this Agreement, you understand and affirm that you are agreeing to be bound by this Agreement and all other agreements and terms and conditions found on the Websites by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you are agreeing that you will use an electronic signature to accept electronic records regarding the products and services located at our stores and/or offered by our Websites, including, but not limited to, this Agreement. You further agree and consent: (i) to receive agreements, surveys, and other information that may be provided or otherwise available to you electronically. Included in those agreements, surveys, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (ii) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (iii) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this Agreement; (iv) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and email application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and email applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, surveys and other information and download or prints copies for your records; (v) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by e-mail at email@example.com; (vi) you may obtain a paper copy of the agreements, surveys, and other information at anytime by contacting us by email at firstname.lastname@example.org. We will not charge a fee for any paper copy.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND THAT BY USING THE WEBSITES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.
E-mail Customer Service - email@example.com, product questions and general feedback/questions or call us at 908-241-8400.
You can also contact us via the address below:
Pacfic Fish Market
317 Cox St.
Roselle, NJ 07203