The Blue Harbor Fish Co.® (“Blue Harbor Fish Co.®” or “us” or “we” or “our”) family welcomes you to its blueharborfishco.com website. We hope you find the information in our website informative, helpful, educational and fun. For convenience, references to “Site” refers only to the blueharborfishco.com website.
BY ACCEPTING THESE TOU, YOU WAIVE AND HOLD HARMLESS BLUE HARBOR FISH CO.® FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BLUE HARBOR FISH CO.® DURING OR AS A RESULT OF BLUE HARBOR FISH CO.®’S INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY OR LAW ENFORCEMENT RELATED TO YOUR USE OF THE SITE.
THESE TOU ARE SUBJECT TO CHANGE BY BLUE HARBOR FISH CO.® AT ANY TIME IN BLUE HARBOR FISH CO.®’S SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES MADE. PLEASE CONSULT THESE TOU REGULARLY. WE WILL HIGHLIGHT ANY CHANGES FOR A PERIOD OF TIME.
The information contained on the Site is provided for educational and informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Blue Harbor Fish Co.®
General Purpose of Site
The purpose of the Site is to provide our users with relevant information about Blue Harbor Fish Co.® products & recipes along with offering several entertaining options and services to increase our users’ overall enjoyment of the Blue Harbor Fish Co.® brand.
This Site is intended for use by persons 18 years of age and older.
Blue Harbor Fish Co.® hereby grants you a revocable and non-exclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in these TOU and the Site’s intended purposes. Blue Harbor Fish Co.® reserves the right to terminate this license for any or no reason and at any time without notice to you, including but not limited to breach of any term contained in these TOU.
The Site content is provided for informational purposes only. Nothing on the Site is intended to act as health or medical advice, to replace the services of a trained health/medical or dietary professional and/or to be a substitute for the advice of a licensed physician, dietician or other health care provider professional.
Blue Harbor Fish Co.® Content/Intellectual Property
Unless otherwise stated, such as relating to user-generated content, all other images, text, audio, video, graphics or other content (including, without limitation, names, logos, trade names, trademarks, trade dress, trade secrets, copyrights, service marks, patents and other intellectual property and proprietary material, including the Site itself) displayed or otherwise published on the Site (collectively, “Blue Harbor Fish Co.® Content”) is the property of Blue Harbor Fish Co.® and may be protected by applicable intellectual property laws and is only to be used in the manner provided for in these TOU. Blue Harbor Fish Co.® retains all rights, titles and interest in and to the respective Content. Access to the Site does not transfer any right, title or interest in the Site, Blue Harbor Fish Co.® content or other Site content to you. You are not to remove or alter any intellectual property or other proprietary notices visible on the Site.
Certain elements of the Site, including but not limited to text, graphics, photographs, audio, video, images and Site layout are protected by United States and international copyright laws. No portions of the Site may be copied, republished, modified, edited, transmitted, used to create derivative works of, or be reverse-engineered without permission. We will permit you to display, download or photocopy one copy of the Site for your non-commercial and personal use, provided that our trademark, copyright and other proprietary notices are prominently displayed on such materials.
There may be other content on the Site not owned by Blue Harbor Fish Co.® The other content remains the property of the respective owner, and access to the Site does not transfer any right, title or interest to such content to you.
Blue Harbor Fish Co.® and related brand marks are marks of Blue Harbor Fish Co.® Other marks, names and logos on this Site are the property of their respective owners.
All rights not expressly granted are herein reserved to Blue Harbor Fish Co.®
Restrictions on Use of Site
Except as expressly provided herein, the Site content may not be used for any purpose without Blue Harbor Fish Co.®’s express prior written consent. No third-party content may be used for any purpose whatsoever without your first obtaining such third party’s express prior written consent. Without Blue Harbor Fish Co.®’s express prior written consent, you may not (and you may not authorize any other party to):
- Copy, display, distribute, modify, publish, reuse, re-post, reproduce, sell, transmit or otherwise use the Site content for public or commercial purposes;
- Use Site content to create any other publications, online services or websites;
- Co-brand the Site (“co-branding” means, for purposes of these TOU, to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a Site visitor the impression that such other party has the right to display, publish or distribute the Site or any content); and
- Frame the Site
Any modification or use of the Site content except as expressly provided herein may violate Blue Harbor Fish Co.®’s or a third-party’s intellectual property rights. You agree to cooperate with Blue Harbor Fish Co.® in causing the immediate cessation of any unauthorized modification or use of the Site or any content.
Disclaimer of Warranties/Limitation of Liability
Although we have tried to provide you with an accurate, safe and up-to-date Site, we cannot be certain nor warrant that all such content is free from errors or omissions.
YOU USE THIS SITE AT YOUR OWN RISK.
You should use the Site in the same manner as any other educational medium and should not rely on the Site to the exclusion of your judgment. The Site is not exhaustive and does not cover all issues, topics or facts that may be relevant to you.
TO THE EXTENT ALLOWED UNDER THE LAW, BLUE HARBOR FISH CO.® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, BLUE HARBOR FISH CO.® AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE AND NON-INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, BLUE HARBOR FISH CO.® DOES NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY OR SECURE.
TO THE EXTENT ALLOWED UNDER THE LAW, BLUE HARBOR FISH CO.® DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, BLUE HARBOR FISH CO.® DOES NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT ALLOWED UNDER THE LAW, THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE EXTENT ALLOWED UNDER THE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE GOODS OR SERVICES.
TO THE EXTENT ALLOWED UNDER THE LAW, BLUE HARBOR FISH CO.® MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL BLUE HARBOR FISH CO.® OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, CONTENT PROVIDERS AND/OR BUSINESS PARTNERS, OR THEIR SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (“BLUE HARBOR FISH CO.® PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF BLUE HARBOR FISH CO.® AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, AND/OR ANY LINKS ON THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BLUE HARBOR FISH CO.® OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, CONTENT PROVIDERS AND/OR BUSINESS PARTNERS, OR THEIR SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO BLUE HARBOR FISH CO.® AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE TO THE EXTENT ALLOWED UNDER THE LAW.
IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE TO THE EXTENT ALLOWED UNDER THE LAW.
ALL PROVISIONS IN THESE TERMS ARE APPLICABLE TO THE EXTENT ALLOWED UNDER THE LAW.
You agree to indemnify, defend and hold harmless Blue Harbor Fish Co.® and the Blue Harbor Fish Co.® Parties from and against all actions, claims, damages, demands, losses, costs, awards, liabilities, judgments, suits, and expenses (including reasonable attorneys’ fees, costs of defense and direct, indirect, punitive, special, individual, consequential or exemplary damages) arising from or relating to (i) your violation of these TOU; (ii) any claims brought by third parties arising out of your use of the Site and/or any content; (iii) use of the Site by any person using your password; and/or (iv) violations of any laws or regulations by you. This indemnification obligation shall survive the termination of these TOU.
Blue Harbor Fish Co.® Product Availability
The materials contained on the Site were developed to keep you informed about Blue Harbor Fish Co.® and its products. Unfortunately, some of the products may not be available to you because of the manner or locations in which the products are distributed. As a result, we cannot make any claim, representation or warranty that the information on the Site is appropriate in any jurisdiction or that the products described on the Site are available for purchase in all jurisdictions.
The Site is operated from the United States, and some of the software that may be downloaded from the Site could be subject to governmental export control or other restrictions. If you download any software, you represent and warrant that you are not subject to any such restrictions.
Site Discontinuation or Modification
We reserve the right to interrupt or discontinue any or all functionality of the Site, or any portion thereof, or remove or edit content for any reason whatsoever and at any time, without notice to you. We also reserve the right to change, alter or improve the Site, or any portion thereof, and any content, or any portion thereof, at any time, without notice.
Transmissions to Site
While we welcome your comments and feedback (through email, regular mail or over the telephone) with respect to the Site or any of our products, please note that we are not seeking any unsolicited ideas, suggestions or materials related to the development, design, manufacture or marketing of our products. If you send us any proposed ideas or other such information, you must understand that such proposals: (i) will be treated as non-proprietary and non-confidential and (ii) may be used by Blue Harbor Fish Co.® for any purpose whatsoever, commercial or otherwise, without any compensation to you.
Hyperlinked Sites and Social Media
Blue Harbor Fish Co.® may also allow interaction between the Site and other third-party sites, such as Facebook, Twitter and other social media sites. This may include “Like” buttons or other interactions through third-party buttons or plugins on the Site that, when used, may allow you to share content from the Site or other content with other persons on or through the third-party sites or elsewhere. Please consult the privacy policies of these third-party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. It may be very different than how content is shared on the Site. Blue Harbor Fish Co.® has no control over these third-party sites, and you use these interaction functions at your own risk. Blue Harbor Fish Co.® is in no way liable for any harm to you as a result of using one these interaction functions.
Blue Harbor Fish Co.® may also feature on the Site recipes and other information on different non-Blue Harbor Fish Co.® products, which may be provided by third parties, such as our sponsors. While Blue Harbor Fish Co.® does its best to only offer quality information, it cannot guarantee the accuracy of such information. By providing such information, Blue Harbor Fish Co.® does not necessarily endorse it.
Copyright Infringement Notification
If you believe that any content on the Site infringes your copyright, and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to a Blue Harbor Fish Co.® designated agent for notice of claims of copyright infringement:
(i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site
(iii). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Blue Harbor Fish Co.® to locate the material
(iv). Information reasonably sufficient to permit Blue Harbor Fish Co.® to contact you as the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted
(v). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
(vi). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Blue Harbor Fish Co.® designated agent is:
Blue Harbor Fish Co.®
1875 Explorer Street, 10th Floor
Reston, Virginia 20190
Blue Harbor Fish Co.® takes copyright and other intellectual property issues seriously and will terminate any Site users or related accounts that are connected to valid and repeat copyright infringement complaints.
Other Intellectual Property Infringement
If you believe that any content on the Site violates or infringes your intellectual property rights, other than copyright claims referenced in the previous section, please send a detailed email to email@example.com detailing your allegation or complaint. Blue Harbor Fish Co.® takes infringement of intellectual property rights seriously and will investigate the matter.
Cooperation with Law Enforcement
We reserve the right to cooperate and comply with all legal requirements, authorities and processes regarding your use of the Site. You waive and hold harmless Blue Harbor Fish Co.® from any claims resulting from any actions taken by Blue Harbor Fish Co.® in connection with Blue Harbor Fish Co.®, cooperating and complying with all legal requirements, authorities and processes regarding your use of the Site. This includes but is not limited to if Blue Harbor Fish Co.® is required by law to disclose your identity and online activity.
If any provision of these TOU is held to be unlawful, void or unenforceable, that part will be deemed severable, and it will not affect the validity and enforceability of any remaining provisions.
U.S. Geographic Limitation
Blue Harbor Fish Co.® operates the Site from its headquarters in the United States. The Site is only intended for users within the United States. If you use the Site outside the United States, you are responsible for complying with your local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.
You acknowledge that any opinions and recommendations contained on the Site are not necessarily those of Blue Harbor Fish Co.® nor endorsed by Blue Harbor Fish Co.® Any reliance on any opinions or recommendations offered on the Site is done at your risk.
Blue Harbor Fish Co.® does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.
You agree that Blue Harbor Fish Co.® is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.
Amendments to TOU
Please note that we reserve the right to amend these TOU at any time in our sole discretion and with no notice to you. By using the Site subsequent to any amendment of these TOU, you will be bound by and required to comply with any such amendments and, therefore, should periodically review these TOU. Blue Harbor Fish Co.® will highlight any change to these TOU for 30 days after such change(s) is/are made.
These TOU set forth the entire agreement regarding matters discussed herein and supersede all prior communications, proposals and promises, whether written, electronic or oral, between you and Blue Harbor Fish Co.®
Choice of Law; Venue
YOU AGREE THAT these TOU will be governed and interpreted pursuant to the laws of the State of California without regard to any principles or conflicts of law.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO personal jurisdiction in California in connection with any dispute between you and Blue Harbor Fish Co.® arising out of these TOU or pertaining to the subject matter hereof.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT that the exclusive venue for any dispute arising out of these TOU or pertaining to the subject matter hereof shall be in the state and federal courts that cover or are in Reston, VA 20190.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in California courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
Blue Harbor Fish Co.® may assign or transfer these TOU to any entity which is a successor to Blue Harbor Fish Co.® interest, whether by merger, asset acquisition or otherwise in Blue Harbor Fish Co.®’s sole discretion. You may not assign or transfer these TOU.
Use of Internet
Blue Harbor Fish Co.® does not assume any liability or responsibility for your use of the internet or the Site, including but not limited to any effect such use may have on your computer or network.
Blue Harbor Fish Co.® reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. You agree that Blue Harbor Fish Co.® is not liable to you or any other third-party for this action.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities and limitations of liability shall survive the termination of these TOU.
Blue Harbor Fish Co.®’s failure to enforce any provision of these TOU does not constitute a waiver of the same provision.
If you violate any provision of these TOU, Blue Harbor Fish Co.® may deny you access to the Site and/or delete your Online Account without notice to you.
If you need to contact Blue Harbor Fish Co.® about these TOU, please use the following contact details: firstname.lastname@example.org
You may also write to us at:
Blue Harbor Fish Co.®
1875 Explorer Street, 10th Floor
Reston, Virginia 20190
These TOU are effective as of July 15, 2016.