Last Updated: June 2, 2022

 

This website (“Site”) is operated by PanaPesca USA Corporation and its subsidiary, PanaPesca USA LLC (together, “PanaPesca”, “we,” “us,” or “our”). We use this Site to provide information about our products.  Please read these Terms of Use (“Terms”) carefully before you use our Site.

 

BY ACCESSING OR USING OUR SITE, YOU ARE AGREEING TO ABIDE BY THESE TERMS, AND THIS AGREEMENT TO OUR TERMS CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND PANAPESCA.  If you do not agree to these Terms, do not access or use our Site.  PanaPesca may revise and update these Terms at any time. Please review our Terms periodically for changes. Your continued use of the Site will mean you accept the revised Terms.

1.     Restrictions.

If you choose to access or use our Site, you understand and agree that you:

 

• Must comply with all applicable laws;
• May not interfere with or attempt to interrupt the operation of the Site by any means;
• May not access our Site through automatic means;
• May not imply or state that you are affiliated with or endorsed by PanaPesca without our express consent;
• May not violate the intellectual property rights of PanaPesca or third parties, including, without limitation, copying or distributing content, technology and/or materials from the Site; and
• May not copy, reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Site thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior written permission.

 

We have the right, but not the obligation, to monitor our Site to determine compliance with these Terms and any other operating rules we have established.  We reserve the right to restrict, suspend, or terminate your account if you misuse our Site or if you violate these Terms.

2.     Intellectual Property.

The contents of our Site are protected by copyright, trademark and other intellectual property laws and may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted or modified, without the express prior permission of PanaPesca. You may view all publicly available Site content for you own personal, non-commercial use to assist you in evaluating placing orders with PanaPesca, but you otherwise have no other rights to our Site content, and no other use is permitted without the prior written consent of PanaPesca. You may not sell, assign, transfer, license, sublicense, or modify the Site content or display, reproduce, publicly perform, make a derivative version of, distribute, or otherwise use the Site content in any way for any public or commercial purpose.

PanaPesca®, Applying the Science of Quality® and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Site are our trademarks, and may not be used in any manner that is likely to cause confusion, including as part of trademarks, domain names, keyword advertisements, or email addresses.

3.     Your Feedback and Suggestions.

If you choose to give us feedback, such as suggestions to improve or modify our offerings, we may act on your feedback in our sole discretion without further obligation to you. You understand and agree that by providing this feedback to us, you are irrevocably assigning any rights you may have in such to PanaPesca.

4.     Governing Law.

Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and PanaPesca, without regard to conflict of law or choice of law rules. We make no representation that our Site or Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Site you agree to do so subject to the laws of Massachusetts and the United States.

5.     Modifications and Interruption.

You understand and accept that PanaPesca does not guarantee continuous, uninterrupted, or secure access to our Site and operation or use of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.  We shall not be liable for any modifications, interruptions, outages, downtimes or disruptions to our Site.  We reserve the right to modify or discontinue our Site with or without notice.

6.     Disclaimer of Warranties.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT OR IN THE SITE PROVIDED BY US. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH IT IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SITE AND SERVICES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7.     Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PHYSICAL INJURY, LOSS OF LIFE, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PANAPESCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE SITE OR ANY WEBSITES LINKED TO THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, PANAPESCA’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

8.     Indemnification.

You agree to indemnify, defend, and hold harmless PanaPesca, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, your violation of these Terms, or your violation of any rights of a third party or any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PanaPesca in asserting any available defenses.

9.     Miscellaneous.

If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected and shall remain valid and enforceable to the fullest extent under law. You agree that these Terms and any other agreements referenced herein may be assigned by PanaPesca, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us.

10.  Contacting Us.

If you have any questions or comments regarding these Terms, please contact us through our Contact Us form.