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Privacy Policy

 

LEGAL and PRIVACY POLICY

 

Lobsterman Website Terms and Conditions of Use.   This website is owned and operated by Pacific Rim Shellfish (2003) Corp, and its subsidiaries (collectively “Lobsterman”). This Website is provided to you by Lobsterman solely under the terms and conditions of this agreement. Your use of this Website constitutes your agreement to all of the terms and conditions contained in this agreement. If you do not agree with these terms and conditions, you may not use this website. MODIFICATIONS OF TERMS AND CONDITIONS OF USE Lobsterman reserves the right to change or modify the terms, conditions, and notices under which this Website may be used by you.  Any changes or modification will be effective upon posting of the revisions to this Site.  Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.  Therefore, you should frequently review the Terms of Use from time-to-time to understand the terms and conditions that apply to your use of this Site. LIMITATION OF LIABILITY THE WEBSITE AND THE INFORMATION AND MATERIALS THEREIN (THE “CONTENT”) ARE PROVIDED ON AN “AS IS” BASIS. LOBSTERMAN DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE OR ANY OF THE CONTENT. LOBSTERMAN DOES NOT WARRANT THAT THIS WEBSITE AND/OR THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THIS WEBSITE AND/OR CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT. IN NO EVENT SHALL LOBSTERMAN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY USE OF (OR INABILITY OF USE) THE SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECTS, COMPUTER VIRUS, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION OF INFORMATION SUPPLIED BY YOU TO LOBSTERMAN. LOBSTERMAN WILL NOT BE LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.   YOU SPECIFICALLY ACKNOWLEDGE THAT LOBSTERMAN SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. In any event, you agree that Lobsterman’s maximum aggregate liability for damages arising out of or related to these Terms of Use shall be limited to $10. COPYRIGHTS Except as stated herein, copyright to all Content, including the design of this Website, text, graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements thereof contained in this Website are the sole property of Lobsterman. You are authorized to access, use and view this Site, and to copy and print documents published by Lobsterman on this Website, for your personal and internal use only. In consideration of this authorization, you agree that any copy of these documents shall retain all trademark, copyright and proprietary notices contained thereon. TRADEMARKS This Site contains many of the valuable trademarks owned and used by Lobsterman. These trademarks and related proprietary property may not be copied, distributed, or displayed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as expressly provided in these Terms of Use or with the prior written permission of Lobsterman.  All other trademarks, product names and company names or logos cited herein are the property of their respective owners and any unauthorized use is strictly prohibited. USE OF THIS WEBSITE The Content is owned by Lobsterman, and we authorize you to view, display and download the Content and to print hard copies of the Content solely for your personal, non-commercial use, provided you retain all proprietary notices contained in the Content. Any material you download, or print shall remain the property of Lobsterman and shall be returned, deleted or destroyed from your records at Lobsterman's request. You may not modify, copy, distribute, link, frame, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from this Website. You may not use this Website for any purpose that is unlawful or prohibited by the terms, conditions and notices contained herein. You may not use this Website in any manner which is contrary to any applicable local, provincial, national, international and foreign laws or regulations governing your use of this Website. You many not use this Website in any manner which could damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of this Website.  CUSTOMER CONTENT. If you provide Lobsterman with any ideas, suggestions or feedback by e-mail or otherwise (“Customer Content”), you grant Lobsterman a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, exploit, delete, reproduce, modify, adapt, publish, translate, create and exploit derivative works from, distribute, and display such Customer Content throughout the world in any manner including in any media, now known or hereafter developed, and you waive any and all property and moral rights in the Customer Content. You also grant Lobsterman the right to use the name you submit with Customer Content, if any, in connection with Lobsterman's rights hereunder. CONTENT Although Lobsterman uses reasonable efforts to update and ensure the accuracy of the Content, Lobsterman makes no warranties or representations as to its accuracy. Lobsterman assumes no liability or responsibility for any errors or misrepresentations contained in the Content. INDEMNITY You agree to defend, indemnify and hold Lobsterman, its employees, directors and related entities harmless from and against any claim, cause of action or demand and all liabilities, costs and expenses, related to any violation of this Agreement by you or in connection with your use of this Website or brought as a result of your use of this Website. SEVERABILITY If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. ENTIRE AGREEMENT Unless specifically provided herein, this Agreement, and the privacy policy incorporated herein, constitutes the entire agreement between you and Lobsterman with respect to your use of this Website. This Agreement, and the privacy policy incorporated herein, shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Website except as specifically set forth herein. TERMINATION This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Lobsterman reserves the right, in its sole discretion, to terminate your access to this Website and the related services or any portion thereof at any time, without notice. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of British Columbia, for any legal proceeding arising out of or relating to your use of this Website or this Agreement.

 PRIVACY POLICY

This privacy policy describes our practices regarding personal and account information collected through our Web site. In this policy, “personal and account information” means your name, company name, account number, address, telephone number, and e-mail address plus other information that identifies you, and your purchase history, and “we” and “us” means  LOBSTERMAN.com as well as its affiliated companies.

When you make purchases through our Web site

We collect your name, address and payment information to process your order. However, you may provide credit card and purchase order numbers by telephone. We collect information contained in “cookies,” such as your purchases and log in data, to personalize your shopping experience. Your browser must be set to accept cookies if you wish to add items to a shopping cart.

When you create an E-Account on our Web site

We collect your user name, password, e-mail address, to protect your account. You can help us ensure your privacy by not sharing your user name or password.

When you subscribe to our e-mail newsletter through our Web site

We use your e-mail information in connection with your subscription to our e-mail newsletter and other materials only.

When you submit your e-mail address with LOBSTERMAN.com

When you communicate with us through our Web site we collect your e-mail address and the other information that you provide in order to respond to your communication.

Is my personal or account information used for any other purpose?

We may use your personal and account information to provide products or services you have requested, respond to a communication from you, contact you, and as otherwise described in this policy.

If you become our customer, we may send you periodic updates on important information about our company and services.

Will my personal and account information be provided to any other party?

We restrict access to your personal and account information to those who need access to use it as set forth in this policy. Only authorized LOBSTERMAN.com personnel are permitted to see your account password.

 

How do you protect my personal and account information?

We use 128-bit encryption technology and Secure Socket Layers (“SSL”) in all areas where your personal and account information is required.

In addition, your personal and account information and transaction history are kept behind our firewall on separate servers. All transaction information is processed under encrypted channels..

LOBSTERMAN.com reserves the right to modify this privacy policy from time to time. You should visit our Web site periodically to review any changes.