Terms, Conditions and Legal Notices
Regarding Use of the ShopFoodSource.com Site
Welcome to ShopFoodSource.comTM. The ShopFoodSource.comTM site, is operated by Blue Pike Commerce, a division of FishUSA, Inc. (hereinafter "Blue Pike Commerce"), for FoodSource Lure Corporation ("FoodSource"). Below the words "we", "us", "our" refer to Blue Pike Commerce. The words "you", "your" and "visitors" refer to any and all persons who use or visit this site.
We provide our services and offer this site subject to the following notices, terms and conditions, all of which are referred to below as our "Terms of Service." By using our sites, you agree to the Terms of Service listed on this page.
COPYRIGHT
All content included on this site, including but not limited to text, graphics, maps, logos, icons and images, is our property or the property of FoodSource and is protected by United States and international copyright laws unless otherwise stated on the page on which the content appears. All software used on our sites is our property or the property of our software suppliers and is protected by United States and international copyright laws.
The content of this site may be used only for personal information purposes. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication or display of any of the content on our sites is strictly prohibited. No portion of the content of our sites may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our prior express written consent.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing at our address below and we will promptly contact you to address your concerns.
TRADEMARKS AND SERVICE MARKS
ShopFoodSource and the graphics, logos and service names used on our sites are our trademarks and/or service marks or the trademarks and/or service marks of FoodSource. These trademarks and service marks may not be used in connection with any product or service that is not our authorized product, or in any manner that does or is likely to cause confusion among customers or internet users, or in any manner that disparages or discredits us or FoodSource.
OUR RIGHT TO REFUSE SERVICE
We reserve the right to refuse service to, and to terminate the accounts, password, listing or access of any visitor or customer, for any reason in our sole discretion. Reasons we may refuse or terminate service, accounts, passwords or access include, but are not limited to, if we believe that the conduct of any visitor violates applicable law, or is offensive or inappropriate, or is harmful to our interests.
USER NAMES AND PASSWORDS
You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
OUR RIGHT TO ACCESS ACCOUNTS
In order to ensure that we are able to provide high quality services which are responsive to the needs of our visitors and customers, you must and do consent to permitting our employees to access your account and records on a case by case basis to investigate complaints or other allegations or instances of abuse. We shall not disclose the existence or occurrence of such an investigation unless required by law.
OUR RIGHT TO TERMINATE ACCESS
Violation of our Terms of Service may result in immediate deletion of a user's account and denial of future access to this site.
We may modify or discontinue our services or your account with or access to our sites, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account with or access to our sites if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of our services, or violated any of our Terms of Service set forth on this page or any other page on our sites setting forth any policy or term of service.
OUR RIGHT TO MODIFY THESE TERMS OF SERVICE
We reserve the right to make changes to these Terms of Service at any time by posting those changes on our sites. Any such change is effective when posted on our sites.
DISCLAIMER OF WARRANTIES
This site is provided to you free of charge and "as is." Although we use our best efforts to maintain this site and assure its accuracy, we are not responsible for the results of any defects or errors that may be found to exist on any of our sites, or for any lost profits or other incidental or consequential damages that may result from such defects or errors. You should not assume that any of our sites is error-free or that any of our sites will be suitable for any particular purpose that you have in mind when using it.
OUR SITES ARE PROVIDED BY US ON AN "AS IS" BASIS. NEITHER WE NOR FOODSOURCE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND FOODSOURCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR FOODSOURCE WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
AGREEMENT TO INDEMNIFY US
You agree to indemnify and defend us and FoodSource and hold us and FoodSource and our respective affiliates, officers, directors, employees, consultants, contractors and agents harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of this site, your violation of these Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. These Terms of Service will inure to the benefit of our successors, assigns and licensees.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between us, all users of this site and any third party with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and signed by us.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
APPLICABLE LAW
This site is created and controlled by us in the State of Pennsylvania, USA. By using any of this site all visitors irrevocably agree that the laws of the Commonwealth of Pennsylvania will govern these Terms of Service and the disclaimers, terms and conditions contained in these Terms of Service, without giving effect to any principles of conflicts of laws.
CONSENT TO JURISDICTION AND VENUE
By using this site, you irrevocably agree that if any legal action is brought in which we are a party, that legal action may be brought only in the state or Federal court located in Erie County, Pennsylvania, USA. By using our sites, you expressly and irrevocably consent to personal jurisdiction of and venue in the Pennsylvania state courts and the Federal district court sitting in Erie County, Pennsylvania in any legal action that may be brought in which we are a party. You further expressly and irrevocably consent and agree that the Pennsylvania state courts and the Federal district court sitting in Erie County, Pennsylvania are convenient forums for any legal action that may be brought in which we are a party.
OUR ADDRESS
Our legal and mailing address is as follows:
Blue Pike Commerce, a Division of FishUSA, Inc.
901 West 12th Street
Erie, PA 16501 USA
These Terms of Service were updated August 2006
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