Welcome to www.sanpedrofish.com and thank you for visiting! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). The Site is owned and operated by San Pedro Fish Market & Restaurant, LLC (“Company”). By entering this Site, you accept the following Terms and Conditions (“Terms”), so please read the Terms carefully. You must be at least 18 years old to purchase items from this Site. The Company reserves the right in its discretion to revise the Terms from time to time, so please review periodically. If you do not agree with these Terms, please immediately discontinue use of this Site.
COPYRIGHT
This Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software (“Content”) is owned by Company and protected by applicable law. You agree not to copy, publish, use, display, transmit, create derivative works from, or in any way exploit the Content without Company’s prior written approval. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
Copyright © 2014 San Pedro Fish Market & Restaurant, LLC. All rights reserved.
WARRANTY DISCLAIMER
Your use of this site is at your sole risk. This Site and the materials and products offered on this Site are provided “as is” and “as available” basis without warranties of any kind, whether express or implied. Company does not make any warranties or representations regarding the use of the materials, content, products and services in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. IF A PRODUCT OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN THESE TERMS.
INDEMNIFICATION
You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content you submit, transmit or otherwise make available on or through this Site; (b) your use of, or connection to, this Site; or (c) your breach or attempted breach of these Terms.
USE OF SITE
Harassment in any manner or form on the Site, including via e-mail, chat, comments, posts or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Company employee, supplier, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing of intellectual property rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Be thoughtful, considerate, and respectful of others in your posts.
This Site may be linked to other Web sites. You acknowledge and agree that Company is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Web sites. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site.
Prices, descriptions and availability of products on this Site are subject to change without notice. Errors may be corrected when discovered, and Company reserves the right to revoke any stated offer in order to correct any errors or inaccuracies.
GENERAL
These Terms constitute the entire agreement between you and Company and governs your use of this Site and supersedes any prior version of these Terms between you and Company with respect to this Site. These Terms shall be governed by the laws of the State of California, without respect to choice of law rules. Any controversy, claim or dispute arising out of or relating in any way to your use of the Site or to products purchased through the Site shall be resolved by final and binding arbitration in Los Angeles County, California in accordance with the commercial arbitration rules of the American Arbitration Association. Notwithstanding anything to the contrary, Company may at any time seek injunctions or other forms of equitable relief from any state or federal court located in the County of Los Angeles, California, and you consent to such jurisdiction and venue.
To the extent permissible to do so in the jurisdiction where the arbitration is held and (if applicable) the jurisdiction where the parties’ obligation to arbitrate claims under these Terms is enforced, both you and Company waive the right to bring any covered claim under these Terms as a class action. In jurisdictions where this is permissible, the arbitrator will not have authority or jurisdiction to consolidate claims of different persons into one proceeding, nor shall the arbitrator have authority or jurisdiction to hear the arbitration as a class action.
In any jurisdiction where the class action waiver described above is not permitted by law or is not enforceable, the issue of whether to certify any alleged or putative class for a class action proceeding must be decided by a court of competent jurisdiction. The arbitrator will not have authority or jurisdiction to decide class certification issues. Until any class certification issues are decided by the court, all arbitration proceedings shall be stayed, and the arbitrator shall take no action with respect to the matter. However, once any issues regarding class certification have been decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class basis, as may be determined and directed by the court.
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
Company may amend these Terms from time to time. Notice of any change to these Terms will be posted on this Site.
