Terms of Use Welcome to
the Fish First! Web site. This Web site and the services offered are subject to the following
terms. If you visit or shop at our site you agree to these terms. When you visit our Web site or send emails to us, you consent to receive communications from us by email or by our posting notices on this site. You agree that all communications that we provide to by email or by posting at our site satisfy any legal requirement that such communications be in writing. Copyright All text, graphics and software on this site is the property of Fish First! or its content suppliers and is protected by United States and international copyright laws. We respect the intellectual property of others, if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. Trademarks Fish First! trademarks on this site are trademarks or trade dress of Fish First! in the United States and other countries. The use of any Fish First!'s trademarks or trade dress in connection with any product or service that is not Fish First!'s, or in any manner that may create customer confusion or damage Fish First! is prohibited. All other trademarks not owned by Fish First! that appear on this site are the property of their respective owners. License And Site Access You are granted a limited license to access and make personal use of this site. You may download or copy the materials displayed on the site for your personal use only. You may not transmit, distribute, display, frame, modify, create derivative works from, republish, or exploit in any way, in whole or in part, any of the contents of this site. This license does not include any the right to any resale or commercial use (other than the purchase of products for personal use) of this site or its contents. Downloading or copying any material from this site does not result in the transference of any right, title or interest in any material to any party. Unauthorized uses terminate the permission or license granted by Fish First!. You are granted a limited and nonexclusive right to create hyperlinks to our Web site provided the link does not disparage or discredit Fish First! or its affiliates in any manner. We reserve the right to require any party to remove a link to our site for any reason. You may not use Fish First! logos, graphics or trademarks as part of the link without express written permission. User Feedback And Submissions Unless indicated otherwise, Fish First! will be granted a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to any user feedback or submissions transmitted to Fish First! in connection with your use of this site. Fish First! is not and shall not be under any obligation to compensate the user for, respond to, or maintain in confidence any such feedback or submission. Product Descriptions We attempt to be as accurate as possible in our product descriptions. However, we do not guarantee that our product descriptions or other content of our site is complete or error-free. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you feel a product you have purchased is not as it is described, your only course of action is to return it in unused condition pursuant to our Returns Policy. Links To Other Sites This site may contain links to other Web sites which we do not control. Any comments or questions regarding any such Web site should be directed to that site. Modifications We may at times change the terms of this agreement. Your use of our site following any such change constitutes your agreement to the new terms. We reserve the right to make changes to our site, policies, and this agreement at any time without notice or liability. Mediation, Arbitration And Indemnification You agree that any dispute arising from the use of this site or this agreement shall be resolved through mediation and arbitration. Arbitration or mediation shall be conducted on an individual basis, and shall not be consolidated with any dispute of any other party. You agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within 10 days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration of a single arbitrator in Albany, California according to the commercial arbitration rules rules of the American Arbitration Association. Either party may seek interim or preliminary remedy or redress from a court of competent jurisdiction in the County of Alameda, California, necessary to protect the rights or property of either pending the completion of mediation or arbitration. You agree to defend, indemnify and hold Fish First! harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site. Disclaimer And Limitation Of Liability THIS SITE IS PROVIDED BY Fish First! ON AN "AS IS" AND "AS AVAILABLE" BASIS. Fish First! MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Fish First! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Fish First! DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM Fish First! ARE FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. Fish First! WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Applicable Law This site is controlled and operated by Fish First! from its offices in Albany, California. This agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Alameda and/or the Northern District of California. Termination Fish First!, in its sole discretion, may terminate this agreement at any time without notice, and deny you access to the site, if you fail to comply with any term or provision of this agreement. We may terminate our Web site or services at any time without notice or liability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. |