(6) Proprietary Rights in Website Content; Limited License to Access and Use Website
(7) Social Media Policy
(8) Code of Conduct
(9) Copyright Policy and Copyright Complaints
(10) Repeat Infringer Policy
(12) Suggestion Box
(13) Encryption Disclaimer
(15) Third Party Websites and Content
(17) LIMITED LIABILITY
(19) Choice of Law; Dispute Resolution
(22) Final Agreement
(25) Contract Interpretation
PLEASE READ THIS AGREEMENT CAREFULLY, BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, DUTIES, RESPONSIBILITIES, REMEDIES, AND OTHER OBLIGATIONS, INCLUDING A DISPUTE RESOLUTION CLAUSE AND CERTAIN LIABILITY LIMITATIONS AND EXCLUSIONS.
3. Eligibility. Anyone who fully agrees to this Agreement and continues to abide by its terms may access or use Our Website; provided, however, that certain programs on Our Website that collect personally identifiable information may not be accessible to children under 13 years old, and no one under 18 years old may engage in any commercial transaction on Our Website. If You access or use Our Website or any related services from outside of the United States, then be aware that United States laws apply to the Company and its affiliates, agents, owners, managers, employees, consultants, contractors, representatives, successors, and assigns (collectively, “the Company and its Related Parties”), Our Website, and all related services, as opposed to any foreign or other law that relates to the collection of data or to intellectual property, privacy, or other rights.
“Visitor” means anyone who accesses or visits Our Website.
Each Visitor acknowledges and agrees that (A) any Visitor also could be an employee or agent of the Company and its Related Parties, and (B) nevertheless, the Company and its Related Parties assume no responsibility for any act or omission of any Visitor, or other third party. THE COMPANY AND ITS RELATED PARTIES ARE NOT LIABLE FOR ENFORCING ANY AGREEMENT MADE BY ANY VISITOR, INCLUDING ANY SERVICES OR FEE AGREEMENT, OR AGREEMENT FOR THE SALE OF GOODS. Nothing contained herein is intended to create, and must not be construed as, a joint venture, partnership, franchise, employment, or agency relationship between the Company and any Visitor or any other third party.
4. Registration. We may require Visitors to register for access to a portion of all of Our Website, or to receive certain benefits, services, products or communications from the Company. If You register on the Website, then You agree to: (i) provide accurate, current, and complete information about You, as may be prompted by any registration form on Our Website (“Registration Data”); (ii) maintain and promptly update Your Registration Data and all other information You provide to the Company; (iii) maintain the security of Your Website password, if any; and (iv) be fully and solely responsible for all use of Your the Company account and for all actions that occur within Your the Company account.
5. Term. The term of this Agreement begins when You first access or use Our Website. At any time and from time to time in Our sole discretion, and without any notice or cause, We may terminate Your right to use Our Website or We may terminate the Website services, in whole or in part. This Agreement remains in full force and effect after any termination of Your right to use Our Website.
6. Proprietary Rights in Website Content; Limited License to Access and Use Website.
- Content Created by the Company: All of Our content that is on or available through Our Website, including all designs, text, graphics, pictures, video, information, data, applications, software, trademarks, music, sound, and other files and their selection and arrangement (collectively, “the Company Website Content”) is Our exclusive proprietary property, with all rights reserved, including copyrights, trademarks, and patents. None of the Company Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent, which may be withheld in Our sole discretion. For so long as You access or use Our Website and fully comply with this Agreement, You are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide, limited license, but only for Your personal use, to access, use, download, or print a copy of any portion of the Company Website Content to which You have properly gained access.
- Content Created by Members: If the Company so allows, from time to time and in its sole discretion, a Visitor may input, publish, post, upload, distribute, disseminate, and otherwise transmit (collectively, “Post”) content to Our Website (“Visitor Content”), but only if the Visitor fully complies with this Agreement. Examples of Visitor Content may include (subject to Company or Website parameters) designs, text, graphics, pictures, photographs, graphics, video, information, data, applications, software, music, sound, messages, and other materials and files and their selection and arrangement. Every time You Post Visitor Content to Our Website, You automatically and simultaneously grant, and You represent and warrant that You have the right to grant, to the Company and its Related Parties a perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use in any manner and in Our sole discretion any Visitor Content (“Visitor Content License”). If You delete Your Visitor Content, then it is deleted in a manner similar to emptying the recycle bin on a computer; therefore, You acknowledge and agree that removed Visitor Content could persist in backup copies for a reasonable period of time and that authorized access to such Visitor Content will not be readily available to others; however, if Your Visitor Content has been shared with others, then they might not ever delete it. Notwithstanding any of the foregoing, the Company retains the right to perpetually store and distribute any Visitor Content to resolve any dispute or for any other reasonable purpose. You understand and agree that the Company may, at any time and from time to time in Our sole discretion, and without any notice, review Our Website and delete, remove, or restrict access or viewing to any of the Company Website Content or Visitor Content. You are fully and solely responsible, at Your sole cost and expense, for creating backup copies and replacing any Visitor Content that You Post to Our Website or provide to the Company and its Related Parties in any other way. You may modify or remove any part of Your Visitor Content at any time, subject to the limitations described in this Agreement. Except for Your Visitor Content, You must not Post any of the Company Website Content or other Visitor Content on any other Internet site, Intranet site, or Extranet site or anywhere else, and You must not incorporate any related information in any other database or compilation; and any other use of the Company Website Content is strictly prohibited. Any use of Our Website or the Company Website Content, except as is expressly and specifically authorized herein, is strictly prohibited and may result in the automatic and immediate termination of all Website permissions or licenses granted by the Company. Such unauthorized use also might violate applicable laws, including copyright, trademark, communications, privacy, and other Internet laws. Except as is expressly and specifically stated herein, nothing in this Agreement may be construed as conferring any license to any intellectual property right, whether by estoppel, implication, or otherwise. All licenses granted by the Company are revocable at any time in Our sole discretion, without any notice or cause.
7. Social Media Policy. We engage Our community through many digital outlets. Along with the Website, We communicate with our customers through social media platforms including Facebook and Twitter. These tools enable all of us to connect, share interests and experiences, and engage in meaningful conversations. When engaging with the Company over social media, it is important to note that You are agreeing to the following terms and conditions of this Social Media Policy, which We hope will satisfy each community member’s need for expression, while maintaining each community member’s right to feel comfortable, safe, and confident in their rights and obligations within our community.
- Commenting on Social Media Platforms:The Company shares content (information, photos, video, etc.) with Our community through external social media platforms.
- All comments posted to Our social media platforms are moderated and if the Company, in Our sole discretion, determines that any post or comment violates the terms and conditions of this Social Media Policy, then We may remove those comments or posts. Failure to comply with this Social Media Policy may result in deletion of content or termination of Your access to the Company’s social media platforms.
- All comments or posts should be related to the content on the Company’s social media post. The Company’s social media accounts are not meant for comments that do not directly relate to the purpose or topic of the social media post.
Be authentic. Include your real name and contact information when creating a Company social media account, or any other related social media account. Do not impersonate another person or access the Company social media platform from another person’s account. Do not share any other person’s personal information, or any other business’ proprietary information, without their express consent.
Be honest, professional, and use Your best judgment in all situations. If You would not show the content to a child or grandparent, it may not be appropriate to post.
Use of the Company social media accounts for the promotion or advertisement of a business or commercial transaction is prohibited.
The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.
If you share a Company social media post (whether by sharing it on Facebook, or re-tweeting it on Twitter), then you agree not to disparage Us, portray Us in a false light, or modify the original post in any way.
This Social Media Customer Use Policy is subject to amendment or modification at any time, in Our sole discretion. Please review it regularly.
Code of Conduct. The Company and its Related Parties are not liable for the conduct of any third party, including any Visitor. Nonetheless, in an attempt to make Our Website a safer and healthier place, each Visitor agrees to fully comply with all of the following as they may apply to the Website:A Visitor must not Post anything that We may deem, at any time and from time to time in Our sole discretion, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually, or otherwise objectionable.
A Visitor must not Post: (a) anything that infringes on any rights of the Company or of its Related Parties or on any rights of any third party, including any copyrights, trademarks, patents, trade secrets, or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) any Trojan horses, worms, or other viruses or malicious software; or (d) anything that might constitute or encourage conduct that is a criminal offense or a civil wrong or that otherwise might violate any applicable law or this Agreement.
A Visitor must not attempt to circumvent any content or other filtering techniques that We may employ.
A Visitor must not use automated scripts to collect information from, or otherwise interact with, Our Website or any related servers.
A Visitor must not register for an account on behalf of anyone other than Visitor, unless specifically authorized by this Agreement.
A Visitor must not Post any private information of any third party, including mailing addresses, phone numbers, email addresses, Social Security numbers, passwords, or credit card numbers.
A Visitor must not solicit any personal information from anyone under 18 years old or any passwords or personally identifying information for commercial or unlawful purposes.
A Visitor must not use or attempt to use any other person’s account, service, or system, without the other person’s prior consent.
A Visitor must not impersonate anyone or make any false statement regarding Visitor’s employment, agency, or affiliation with anyone.
A Visitor must not stalk, threaten, or harass anyone or infringe or attempt to infringe their privacy.
A Visitor must not interfere with or disrupt any of Our Website’s servers or any network connected to Our Website or any other server.
A Visitor must not attempt to gain unauthorized access to any other computer system or network.
A Visitor must not Post or use the Website to deliver any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other similar form of solicitation.
A Visitor must not Post content that would constitute, encourage, or provide instructions for any criminal offense or civil wrong, that could violate the rights of any person, or that could otherwise create any liability.
A Visitor must not take any action that could undermine, disrupt, or manipulate the integrity of the any feedback and rating systems on Our Website.
A Visitor must not use Our Website to operate or participate in any illegal game, lottery, or other activity.
A Visitor must not use Our Website for any illegal purpose, including the sale of illegal drugs, pimping, prostitution, or terrorism.
A Visitor must not breach this Agreement or disobey any instruction or policy published by the Company or its Related Parties.
A Visitor must not Post content that, in Our sole discretion, is objectionable or restricts or inhibits any third party from using or enjoying Our Website, or that might expose the Company or its Related Parties or anyone else to any harm or liability.
Because the content on Our Website could be accessible to children under 18 years old, the Company may, at any time and from time to time in Our sole discretion, and without notice, remove, delete, or restrict access to information that is deemed inappropriate for children under 18 years old. Furthermore, the Company may, at any time and from time to time in Our Sole discretion, and without notice or cause (and if the Website allows for such postings or Visitor Content), (1) refuse to Post any Visitor Content, (2) remove any Visitor Content from Our Website, (3) review a Visitor’s personal profile and amend any spelling or other error, or (4) restrict or terminate any membership or restrict or terminate any Visitor’s access to Our Website.
Copyright Policy and Copyright Complaints. We respect the intellectual property rights of others, and We prohibit users from posting any content that violates another party’s intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement, as described below, We may promptly remove or disable access to the allegedly infringing content and terminate any or all accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (“DMCA”).
If You believe that any of Your copyrighted content is accessible on Our Website or through Our services in violation of Your copyright, You may provide Our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3), which contains substantially the following information:Identify in sufficient detail the copyrighted content or property that You claim has been infringed, so that We can find it. For example, “The copyrighted content appears at http://www.mywebsite/abc.” If multiple pieces of copyrighted content at a single website are covered by Your Notification, You may provide a representative list of the content at Our Website.
Identify the URL or other specific location on Our Website or service that contains the content that You claim infringes Your copyright as described in Item 1 above. You must provide Us with reasonably sufficient information so that We may find the alleged infringing content. For example, “The content at the following URL infringes my copyright: http://www. pacificseafood.com/xyz111.”
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Include a statement by You that the information contained in Your Notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
Include Your name, mailing address, telephone number, and email address.
You may submit Your Notification of Alleged Copyright Infringement by sending a letter to Our Designated Agent by fax, mail, or email, as set forth below:
Designated Copyright Agent
Dulcich, Inc./Pacific Seafood
16797 SE 130th Avenue
Clackamas, OR 97015 USA
(503) 905-4229 – Fax
Please note that if You materially misrepresent that content on a website or available through a service infringes a copyright, then You could be liable for damages, including court costs and attorney’s fees (whether incurred at trial, on appeal, or otherwise). Providing false information could constitute perjury.
On receiving a proper Notification of Alleged Copyright Infringement as described above, We may remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of Your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to Your claim and request that We restore the content.
If You believe that Your copyrighted content has been removed from Our Website or a service as a result of any mistake or misidentification, then You may submit a written Counter Notification to Our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following:Identification of the content that has been removed or disabled and the location at which the content had appeared before it was removed or disabled.
A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which the service provider may be found.
A statement that You will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
Your name, mailing address, and telephone number.
A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification.
Your physical or electronic signature.
You may submit Your Counter Notification by sending a letter to Our Designated Agent by fax, mail, or email, as set forth below:
Designated Copyright Agent
Dulcich, Inc./Pacific Seafood
16797 SE 130th Avenue
Clackamas, OR 97015 USA
(503) 905-4229 – Fax
If You send Us a valid written Counter Notification meeting the requirements described above, then We may restore Your removed or disabled content no later than 14 business days from the date on which We received Your Counter Notification, unless Our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement that informs Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question.
Please note that if You materially misrepresent that disabled or removed content was removed by mistake or misidentification, then You could be liable for damages, including costs and attorneys’ fees (whether incurred at trial, on appeal, or otherwise). Providing false information could constitute perjury.
Repeat Infringer Policy. In accordance with the DMCA and other applicable laws, the Company has adopted a policy of terminating, at any time and from time to time in Our sole discretion, and without any notice, any license to access or use Our Website for anyone who is deemed to be a repeat infringer. The Company may also, at any time and from time to time in Our sole discretion, and without any notice, limit access to Our Website or terminate any license to access or use Our Website of anyone who infringes any intellectual property right of others, whether or not there is any repeat infringement.
Trademarks. All Website Content and all product names, trademarks, service marks, and logos provided by the Company or its Related Parties on Our Website are wholly owned or validly licensed by the Company or its Related Parties, as the case may be.
Suggestion Box. If You submit any suggestion, testimonial, or similar idea (collectively, “Suggestion”) to the Company or its Related Parties, then We have the right to use or modify Your Suggestion, without charge, in any manner that We may deem appropriate, at any time and from time to time in Our sole discretion, without any notice, including Posting the Suggestion on the Internet. If You make any Suggestion, then You represent and warrant that You own or otherwise control the rights to Your Suggestion. “Claims” means any and all liabilities, claims, losses, damages, expenses, costs, (including reasonable attorneys’ fees and costs, whether incurred at trial, on appeal, or otherwise), debts, fines, charges, or liens, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise. You agree to indemnify and hold harmless the Company and its Related Parties from and against any and all Claims arising out of or relating to any Suggestion.
Encryption Disclaimer. Our Website uses encryption technology to protect information from access by unauthorized third parties. THE COMPANY AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If You have any concern about sending any information over the Internet or otherwise communicating with Our Website, then You should use an alternative means of submission. By sending information over the Internet in connection with Your use of Our Website, You agree to indemnify and hold harmless the Company and its Related Parties from and against all Claims arising out of or relating to any failure of the encryption technology to protect Your information.
Third Party Websites and Content. Our Website may contain, or You may be sent through Our Website, links to other websites (“Third Party Websites”), which may include advertisements, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Applications, Software, or Content”). Third Party Websites and Third Party Applications, Software, or Content are not investigated, monitored, checked, tested, screened, verified, or confirmed for accuracy, appropriateness, completeness, legality, or safety by Us. We are not responsible for any Third Party Websites or for any Third Party Applications, Software, or Content, including any content, opinions, reliability, privacy practices, or other policies. Any inclusion of, linking to, or installation of any Third Party Websites or any Third Party Applications, Software, or Content does not imply any approval or endorsement thereof by the Company. If You decide to access or use any Third Party Websites or to use or install any Third Party Applications, Software, or Content, then You do so at Your sole risk and cost. You are solely responsible for reviewing, and You should review, all applicable terms and policies, including privacy and data gathering practices, of all Third Party Websites to which You access or use or of all Third Party Applications, Software, or Content to which You use or install.
DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND COST. THE COMPANY AND ITS RELATED PARTIES DISCLAIM (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY OF OUR SERVICES, OUR WEBSITE, OR ANY WEBSITE CONTENT OR INFORMATION (COLLECTIVELY, “SERVICES”).
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU RELY ON THE SERVICES FULLY AND SOLELY AT YOUR OWN RISK AND COST. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE WITH RESPECT TO THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF ANY SERVICES. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO TRY TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE SOFTWARE AGENTS, WE DO NOT GUARANTY, REPRESENT, OR WARRANT THAT ANY SERVICES OR DOWNLOADED MATERIALS ARE FREE OF DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.
LIMITED LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT; (B) YOUR USE OF OR INABILITY TO USE ANY SERVICES OR ANY INFORMATION; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY ACTION OR INACTION OF ANY OTHER PERSON, INCLUDING ANY THIRD PARTY. YOU DO HEREBY KNOWLINGLY, INTENTIONALLY, AND IRREVOCABLY WAIVE ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF ANYONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, (2) YOUR USE OF OR INABILITY TO USE ANY SERVICES OR ANY INFORMATION, (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY OF YOUR TRANSMISSIONS OR DATA, OR (4) ANY ACTION OR INACTION OF ANY OTHER PERSON, INCLUDING ANY THIRD PARTY, IS LIMITED TO THE LESSER OF THE VALUE OF ALL SERVICES PROVIDED TO YOU THROUGH OUR WEBSITE WITHIN THE LAST SIX MONTHS OR $100. SOME JURISDICTIONS DO NOT ALLOW FOR ANY LIABILITY LIMITATION OR FOR THE EXCLUSION OF IMPLIED WARRANTIES; AND, IF SUCH LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to indemnify and hold harmless the Company and its Related Parties from and against all Claims arising out of or relating to: (A) this Agreement; (B) Your use of or inability to use any Services or any information; (C) any unauthorized access to or alteration of any of Your transmissions or data; or (D) any action or inaction of any other person, including any third party.
Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Oregon, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Oregon and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Multnomah County; and (iv) the parties must submit the dispute to mandatory mediation held in Portland, Oregon. If the parties cannot agree on a mediator, then pursuant to ORS Sections 36.185 through 36.210 any party may apply at any time to the presiding judge of the Multnomah County Circuit Court for the appointment of a mediator from the court’s panel of mediators. Each party may object to only one of the three mediators offered by the court. The parties will share equally (50/50) all mediation costs, including the mediator’s fees, but each party is fully and solely responsible for its own attorneys’ and experts’ fees. Every mediation must be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
Waiver. No waiver of any breach of any provision of this Agreement constitutes a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The terms of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term being waived.
Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude resort to another or to any other right or remedy provided by law.
Final Agreement. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.
Representations. Each party (“Promising Party”) represents and warrants to the other party that: (a) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder, (b) there is no contract or other legal obligation that prevents the Promising Party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder, and (c) this Agreement is the Promising Party’s legally binding and fully enforceable agreement.
Communications. When You visit Our Website or send emails to the Company, You are communicating with the Company electronically, and as a result You consent to receive communications from the Company electronically. We will communicate with You by email or by posting notices on Our Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy all legal requirements that such communications be in writing.
Further, by providing information to the Company, or by submitting a service request, You are requesting and expressly consent to being contacted by the Company via phone, fax, email, mail, or other reasonable means of communication, at any of Your contact numbers or addresses, even if You are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide You with the services requested, to service Your account, to address matters pertaining to Your account, or for other purposes related to the Company business, including marketing.
Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not be exclusive in its meaning. “Including” means “including, but not limited to.” “Herein,” “hereunder,” and other similar terms refer to this Agreement as a whole and are not limited to the specific section on paragraph where they appear. Plural terms refer to all members of the relevant class, and singular terms refer to one or more members of the relevant class. All pronouns include the masculine, feminine, and neuter pronoun forms. All schedules and exhibits referred to herein are hereby incorporated by this reference.
Notices. You may contact the Company by writing, calling, or emailing the Company at the street address, telephone number, and email address provided below:
Dulcich, Inc./Pacific Seafood
16797 SE 130th Avenue
Clackamas, OR 97015 USA
(503) 905-4500 Phone