the complete terms and conditions that apply to an individual's or
entity's use of Wild Salmon Seafood site. As used in this Agreement,
"We," "Us" or "Our" refers to Wild Salmon Seafood, and "You" or "Your" refers to the user.
"Site" means any Wild Salmon Seafood site posted on the World Wide
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site
constitutes Your acceptance of these terms and conditions and Your waiver
of any and all claims against Wild Salmon Seafood, its parents,
subsidiaries, affiliates, contractors, agents, officers, directors or
employees arising out of Your use of Our Site or any materials,
information, opinions or recommendations contained on Our Site.
We may modify any of the terms and conditions in these
notice or a new user agreement on Our Site. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR
SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE
All content included on Our Site,
such as text, graphics, logos, button icons, images, audio clips and
software, is Our property or that of Our content suppliers and is
protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement and assembly) of all content on Our
Site is Our property protected by U.S. and international copyright laws.
All software used on Our Site is Our property or that of Our software
suppliers and is protected by U.S. and international copyright laws. You
may electronically copy and print in hard copy portions of Our Site for
the limited purpose of placing an order with Us or using it as a shopping
resource. Any other use-including reproduction for purposes other than
those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site without Our
prior written permission is strictly prohibited.
Unauthorized copying of the software, or failure to comply with the
above restrictions, may result in severe civil and criminal penalties.
Unauthorized duplication of the software constitutes copyright
infringement and, in the United States, is punishable in a federal
criminal action by a fine of up to U.S.$250,000 and imprisonment for up to
five (5) years. In addition, federal civil penalties allow the recovery of
actual damages based on the number of copies produced plus the profits of
the infringer, or statutory damages of up to U.S.$100,000 for willful
WE PROVIDE OUR SITE ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION,
CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR
ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR
TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF
OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR
FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
We do not accept or consider unsolicited material, product
suggestions or original or creative ideas (collectively, "Materials")
submitted through Our Site. If despite this policy you submit any such
Materials, We will deem it Our property. We will not treat the Materials
as confidential, and We will not be liable for any use or disclosure of
such Materials. Without limitation, We will own the exclusive rights to
the Materials and will be entitled to unrestricted use of the Materials
for any purpose, commercial or otherwise, without compensation to the
submitter of such Materials.
6. LIMITATION OF LIABILITY
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR
ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION
WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO
THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR
ACCESSING OUR SITE.
You will defend and
hold harmless Wild Salmon Seafood, its parents,
subsidiaries, affiliates, contractors, agent, officers, directors and
employees against all claims, losses, damages, liabilities, costs and
expenses (including reasonable attorneys' fees and costs) made due to or
including, without limitation, any claim arising out of unauthorized links
to Our Site.
8.1 Nonwaiver. If We fail to
insist upon or enforce strict performance of any provision or right under
as a waiver of any provision or right; rather, the same will be and remain
in full force and effect.
will be interpreted, construed and enforced in all respects in accordance
with the laws of the State of Washington to the exclusion of any other law
which may be imputed in accordance with choice of law rules applicable in
any jurisdiction. The 1980 U.N. Convention on Contracts for the
International Sale of Goods or any successor thereto does not apply to
or any information furnished hereunder, You irrevocably consent to the
jurisdiction and venue of any state or federal court sitting in King
County, Washington, USA, and You will not commence an action or proceeding
8.3 English Language Governs. It is
English. C'est la volonté explicite des parties que ces termes d'usage
soient rédiger en anglais.
8.4 Independent Contractor. These Terms
of Use will not be interpreted or construed to create or evidence a
partnership, joint venture or franchise relationship among the parties or
as imposing any partnership or franchiser obligation or liability on
8.5 Compliance With Laws. You will comply at Your
own expense with all statutes, regulations, rules, ordinances and orders
of any governmental body, department or agency that apply to or result
from Your use of Our Site.
8.6. Severability. If any provision of
then that provision will be deemed severable from and will not affect the
validity and enforceability of any remaining provisions.
Wild Salmon Seafood
1900 West Nickerson