Terms of Service
Date of Last Revision: November 10, 2016
TERMS OF SALE
Products and Pricing. All seaweed blended pastas and seasoning blend products, and other seaweed-based products that may be developed by Blue Evolution from time to time (each a “Product” and collectively, the “Products”) listed on the Site are subject to change, as is product information, pricing, and availability. Blue Evolution reserves the right, at any time, to modify, suspend, or discontinue any website feature or the sale of any Product with or without notice. You agree that Blue Evolution will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in “Orders” below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
Payment Terms. For each Product you order on the Site, you agree to pay the price applicable for the product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Blue Evolution will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Blue Evolution’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Blue Evolution. All payments are non-refundable (except as expressly set forth herein).
Orders. Your receipt of an Order confirmation from us does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your Order to accept or decline or cancel your Order (in whole or in part) for any reason. We may require additional verifications or information before accepting any Order. Your Order is not accepted until it is shipped (or a portion of the Order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your Order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the Order) or (b) not charge your credit card or PayPal account for the cancelled portion of the Order.
PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your Order as set forth above. The provisions of this paragraph does not alter or amend any other provisions of this Agreement.
Shipping Policy. Any delivery dates provided by Blue Evolution are estimates. Blue Evolution reserves the right to make deliveries in installments. Blue Evolution will send you an email when your order has shipped. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses) and Canada, and some Products are available for international shipping.
(b) Exchanges. We do not offer or accept any Product exchanges.
(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Blue Evolution will accept returns for a full refund only in accordance with the Return Procedures above. Once Blue Evolution confirms that you received a Damaged Product that was returned in accordance with the Return Procedures, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
ACCESS AND USE OF THE SITE
Account Creation. The Site is designed to provide an online store offering premium, responsibly harvested North American seaweed blended with delicious pastas and seasoning blends. When purchasing Products from the Site, you may register for an account with Blue Evolution to expedite and/or facilitate future purchases (“Blue Evolution Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Blue Evolution Account at any time, for any reason.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Blue Evolution Account login information. You are fully responsible for all activities that are associated with your Blue Evolution Account (including but not limited to any purchases, use of the Site, and logging out from your Blue Evolution Account at the end of each session when accessing the Site.. You agree to: (a) immediately notify Blue Evolution of any unauthorized use or suspected unauthorized use of your Blue Evolution Account or any other breach of security. When you provide Blue Evolution with such notice, Blue Evolution will suspend or otherwise secure your Account to prevent future unauthorized activity. Notwithstanding the foregoing, Blue Evolution will not be liable for any loss of damage arising from your failure to comply with this Section.
License. Subject to the terms of this Agreement, Blue Evolution grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Blue Evolution may terminate this license at any time for any reason.
Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with Blue Evolution or purchasing Products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Blue Evolution or to purchase Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the site is strictly prohibited, unless authorized by Blue Evolution. You agree not to change or delete any proprietary notices from materials downloaded from the site.
Restrictions; Limitations of Use. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content without the express written consent of Blue Evolution; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Blue Evolution’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Blue Evolution’s express written consent.
Modification of Site. Blue Evolution reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. You agree that Blue Evolution will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Mobile Services. The Site may be available via a mobile device, including the ability to browse the Site and purchase Products from a mobile device (collectively, the “Mobile Services”). To the extent that you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Acceptable Use Policy. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content: (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
Special Notice for International Use. This Site may be accessed from countries other than the United States. The Site may contain Products or references to Products that are not available outside of the United States. Any such references do not imply that such Products will be made available outside the United States. If you access and use the Site outside the United States you are responsible for complying with all applicable federal, state and/or local regulations, rules and laws regarding your use of the Site, including as it concerns online conduct and acceptable content.
Commercial Use Prohibited. Unless otherwise expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is for your personal use.
OFFERS, COUPONS, AND PROMOTIONS
Blue Evolution may from time to time and in its sole discretion make available special offers, coupons or promotions to its customers for the purchase of Products. Any such offers, coupons or promotions will expire on the dates specified in the offer, coupon or promotion. Offers, coupons, or promotions shall specify the terms that apply to their use and redemption and those terms shall apply.
Blue Evolution reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers, coupons or promotions, including without limitation, using multiple user accounts or email addresses to meet offer, coupon or promotion requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any coupons as a result of any fraudulent, illegal, or inappropriate conduct. Blue Evolution reserves the right to void any such coupons or offer/promotion codes granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer, coupon or promotion, or in a manner otherwise not intended by Blue Evolution. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers, coupons or promotions, may subject you to liability for civil and/or criminal penalties under applicable law.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks. You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Blue Evolution, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith is the property of Blue Evolution, our affiliates, our partners, and/or our licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Blue Evolution, our affiliates, our partners, and/or our licensors, as applicable.
Ownership. You acknowledge that all intellectual property rights in the Site, including our rights to our copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content or content provided by vendors) are owned by Blue Evolution and its licensors, and neither the limited license granted herein, nor your use of the Site shall transfer to you or any third party any rights, title or interest in or to our Intellectual Property, and Blue Evolution reserves all rights to its Intellectual Property not granted in this Agreement.
User Content. “User Content” means any and all information and content that you submit to Blue Evolution by any means, including through social media (e.g., Facebook, Instagram, Twitter or other like service), or by using the Site (e.g., creating a Blue Evolution Account, providing feedback submission or Product reviews). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Blue Evolution. Because you alone are responsible for your User Content (and not Blue Evolution), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Blue Evolution is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Blue Evolution may delete User Content at any time.
License. By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Blue Evolution an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Blue Evolution social media platforms or its marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Feedback. Blue Evolution will treat any feedback, communications, or suggestions you provide to Blue Evolution as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Blue Evolution to the contrary, you agree that you will not submit to Blue Evolution any information or ideas that you consider to be confidential or proprietary.
Other Users. Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Blue Evolution will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Copyright Complaints. Blue Evolution respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Blue Evolution of your infringement claim in accordance with the procedure set forth below.
Blue Evolution will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Blue Evolution’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Premium Oceanic, LLC
1528 El Camino Real
San Mateo, CA 94402
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, Blue Evolution will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Blue Evolution has adopted a policy of terminating, in appropriate circumstances and at Blue Evolution’s sole discretion, users who are deemed to be repeat infringers. Blue Evolution may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY SITES/MATERIAL
Third Party Sites. The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Instagram). Such Third Party Sites are not under the control of Blue Evolution and Blue Evolution is not responsible for any Third Party Sites. Blue Evolution provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding to or otherwise using any Third Party Site.
DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNITY, RELEASE
Disclaimers. The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site. THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Limitation On Liability. IN NO EVENT SHALL BLUE EVOLUTION, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THIRD PARTY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50.00) OR (B) AMOUNTS YOU’VE PAID BLUE EVOLUTION IN THE PRIOR 12 MONTHS.
Indemnity. You agree to indemnify and hold Blue Evolution, our officers, members, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Blue Evolution reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Blue Evolution. Blue Evolution will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Alameda, State of California, to adjudicate and resolve any dispute with Blue Evolution, its affiliates, subsidiaries, employees, contractors, officers, members, telecommunication providers or in any other way relating to the Site, including but not limited to, User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may: (a) suspend your rights to use the Site (as well as your Blue Evolution Account): or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Blue Evolution Account and right to access and use the Site will terminate immediately. You understand that any termination of your Blue Evolution Account may involve deletion of any User Content you may have posted. Blue Evolution will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Blue Evolution Account or deletion of your User Content.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site.
Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Admissibility. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Governing Law. The laws of the State of California will govern this Agreement without giving effect to any principles of conflicts of laws.
Notice for California Users. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Blue Evolution may be contacted in writing at Premium Ocean, LLC, 950 W Bannock Street, Suite 1100, Boise, ID 83702.
Questions? Concerns? Comments?