INTRODUCTION
Welcome to Wild Ocean Seafood Market’s Official Website (“the Website”). The Website is operated by Cape Canaveral Shrimp Company, Inc. (DBA "Wild Ocean Seafood Market"). Wild Ocean Seafood Market and its affiliates provide their products and services to you subject to the following terms & conditions (“Terms”). If you visit or shop at the Website, you accept these Terms. Please read them carefully. In addition, Wild Ocean Seafood Market may change these Terms at any time. By using the Website after a change, you agree to follow and be bound by the Terms as changed.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wild Ocean Seafood Market or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website (“the Content”) is the exclusive property of Wild Ocean Seafood Market and protected by U.S. and international copyright laws. All software used on this website is the property of Wild Ocean Seafood Market or its software suppliers and protected by United States and international copyright laws.
The Content included on this website may contain inaccuracies or typographical errors. Wild Ocean Seafood Market makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Website and the Content. The use of the Website and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time.
Wild Ocean Seafood Market and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please see the Claims of Copyright Infringement section listed below.
LICENSE AND SITE ACCESS
Wild Ocean Seafood Market grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wild Ocean Seafood Market. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wild Ocean Seafood Market. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without express written consent. Any unauthorized use terminates the permission or license granted by Wild Ocean Seafood Market. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Wild Ocean Seafood Market, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wild Ocean Seafood Market logo or other proprietary graphic or trademark as part of the link without express written permission.
If you have any concerns regarding any third-party website linked to or from the Website, please direct them to the owner or operator of the third-party website. Wild Ocean Seafood Market is not responsible for any linked third-party websites, services or other materials linked to or from the Website, and disclaims all liability for any injury or damages you may experience by using such materials. Links to third-party websites are provided for your convenience only and are provided AS IS.
USER REPRESENTATIONS AND ACCEPTABLE USE
By your use of the Website, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you submit to the Website. You must be at least eighteen (18) years old. You further represent and warrant that your use of the Website and of any Content on the Website shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violation or lack of rights.
The following requirements apply to your use of the Website, and Wild Ocean Seafood Market including, without limitation, any interactive available functionalities:
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You will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Wild Ocean Seafood Market for any purpose.
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You will not hold Wild Ocean Seafood Market liable for any misuse of your computer and its saved information including saved information on the Website.
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You will not collect or store personal data about other users.
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You will not upload, post, email or otherwise transmit via this Website or to any of its users any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
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You will not upload, post, email or otherwise transmit via this Website any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
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You will not post materials containing links to any websites that violate any section of the Terms, including but not limited to commercial or advertising content.
USER COMMUNICATIONS
Visitors may post reviews, comments, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. Wild Ocean Seafood Market reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Wild Ocean Seafood Market and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wild Ocean Seafood Market and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wild Ocean Seafood Market or its affiliates for all claims resulting from content you supply. Wild Ocean Seafood Market has the right but not the obligation to monitor and edit or remove any activity or content. Wild Ocean Seafood Market takes no responsibility and assumes no liability for any content posted by you or any third party.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the generally accepted retail price as suggested by the supplier or manufacturer, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Wild Ocean Seafood Market takes no responsibility and assumes no liability for the accuracy of the List Price for any product listed within the Website.
With respect to items sold by Wild Ocean Seafood Market, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, products listed within our Website may be mispriced. All products and their associated pricing are subject to market and seasonal availability. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
PRODUCT INFORMATION
Wild Ocean Seafood Market and its affiliates attempt to be as accurate as possible. However, Wild Ocean Seafood Market does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. Wild Ocean Seafood Market has tried to accurately display the colors of products on the Website in product images and associated graphics. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your monitor's display will be accurate. For information about the freshness of our products, please visit the "Freshness Guarantee."
DISCLAIMER
Wild Ocean Seafood Market and its affiliates expressly disclaim all warranties, either expressed or implied, oral or written, including, but not limited to any implied warranty of merchantability or fitness for a particular purpose. This disclaimer of warranties does NOT affect the terms of our manufacturer's guarantee. Wild Ocean Seafood Market also does not warrant your use of the Website, the operation or function of the Website, or any services offered through or from the Website, will be uninterrupted or error free. Nor does Wild Ocean Seafood Market warrant that this Website or its server, or any services offered through or from the Website are free of viruses or other harmful elements. WILD OCEAN SEAFOOD MARKET SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WILD OCEAN SEAFOOD MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE, CONTENT OR ANY SERVICES OR SOFTWARE OFFERED THROUGH OR FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WILD OCEAN SEAFOOD MARKET IS NOT RESPONSIBLE FOR THOSE COSTS. If you are dissatisfied with the Website, any of its Content, or any of these Terms, we would like to hear from you. However, your sole and exclusive legal remedy is to stop using the Website.
APPLICABLE LAW, DISPUTES, AND INDEMNIFICATION
Unless otherwise specified, Wild Ocean Seafood Market displays this Website and its Content solely to market, promote and sell Wild Ocean Seafood Market products and services in the United States. Wild Ocean Seafood Market will not accept or ship orders outside of the United States. Wild Ocean Seafood Market controls and operates this Website from its offices in Titusville, Florida.
These Terms shall be construed according to Florida law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Content, the use of the Website, products or services purchased using this Website, or any services offered through or from the Website, shall be resolved exclusively by the state and federal courts of the State of Florida. Your use of the Website constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
You agree to defend, indemnify and hold Wild Ocean Seafood Market harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any services offered through or from the Website, or your violation of any of these Terms.
These Terms are the entire agreement between you and Wild Ocean Seafood Market relating to the Website or its Content. Any other agreements between you and Wild Ocean Seafood Market are superseded and have no force or effect.
CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Website, please provide our copyright agent with the written information specified below.
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work that you claim has been infringed upon;
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A description of where the material that you claim is infringing is located on the Website;
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
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A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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Your address, telephone number, and email address.
Please send the notifications to:
Wild Ocean Seafood Market Legal Department
RE: "NOTICE OF INFRINGEMENT"
2727 Singleton Avenue
Titusville , Florida 32796
email info@wildoceanmarket.com
TERMINATION
If Wild Ocean Seafood Market believes you have failed to comply with these Terms, or for any other or no reason, Wild Ocean Seafood Market may deny you access to the Website immediately without notice. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Website, as well as all copies of Content.