User Agreement

These terms and conditions (the “Terms of Use”) constitute an agreement (the “User Agreement”) between you and Camanchaca, Inc. (“Camanchaca”), a Florida corporation with offices located at 7200 NW 19 Street, Suite 410, Miami, FL 33126. Use of the www.Pier33Gourmet.com website (the “Website”) signifies your agreement to the terms and conditions of use set forth herein:

This Website is not intended for use by or availability to minors. IF YOU ARE NOT AN ADULT ACCORDING TO THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

You acknowledge that you have read and that you accept the terms and conditions of this Agreement. YOU AGREE TO READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. If you do not agree to these terms and conditions of use, you are not authorized to access or otherwise use the Website.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, licensors, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

  1. TERMS OF USE

1.1 Internet Access. In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web‑based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

1.2 Registration Data. In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website registration form and (b) maintain and promptly update the registration form to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Camanchaca has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Camanchaca has the right to suspend or terminate your access to the Website and refuse any and all current or future use of the Website (or any portion thereof).

1.3 Improper Use of the Website. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with this User Agreement, these Terms of Use and applicable law. As a condition of your use of the Website, you warrant that in addition to your obligation to conform to applicable law, you agree to use the Website in a manner that will not interfere with the rights of others or of Camanchaca. By way of example, and not as a limitation, you agree not to:

 

  • Download or attempt to use more than once any particular coupon made available through this Website.
  • Use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk e‑mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
  • Harvest or otherwise collect information about others, including e‑mail addresses, without their consent.
  • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  • Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of the registered users of the Website or other user or usage information or any portion thereof other than in the context of your use of the Website as permitted under this Agreement.
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs.
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means.
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
  • Interfere with another user’s use and enjoyment of the Website.

 

All content included as part of the website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Camanchaca and its Affiliates and licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. The Camanchaca content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Camanchaca and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Camanchaca and its Affiliates and licensors except as expressly authorized by these Terms of Use.

1.4 User Content & Postings. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by you or any other user of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with this User Agreement and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Camanchaca, Inc. and/or its Affiliates and/or licensors. The contents of the Website are only for your personal, non‑commercial use in accordance with this Agreement and only as expressly authorized by us or the specific content provider.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

 

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the material claimed to have been infringed;

c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the material;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, agent, or the law; and

f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

Manuel Jinesta
Camanchaca, Inc.
7200 NW 19th Street #410
1-800-335-7553
 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

2.1 Software; Advertisements. You acknowledge and agree that any necessary software used in connection with the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Camanchaca or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.

2.2 Grant of License. Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

  1. DISCLAIMERS

3.1 Content Disclaimer. Camanchaca does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, provided, distributed or otherwise made available through the Website. You acknowledge that any reliance upon any such information shall be at your sole risk. Camanchaca, in its sole discretion, reserves the right (but does not incur the obligation) to correct any errors or omissions from any portion of the Website. Particular products may not be available at all times. No information contained in this Website is intended as or should be relied upon as medical advice.

3.2 Calculators Disclaimer. Any calculators, such as the caloric calculator, are intended for adults, not children. If you use this calculator, you do so at your own risk and you specifically waive any right to make any claim against Camanchaca and its Affiliates as the result of such use. Results received from this calculator are designed for comparative and general informational purposes only, and are not warranted to be error-free or accurate. All values are approximations based on aggregate data provided through our suppliers. Regional and seasonal differences may affect the nutrition values for each product. You should expect discrepancies between the provided values and the actual nutritional value of the product. Neither Camanchaca nor its Affiliates or any other party involved in the preparation of this program shall be liable for any special, consequential, or exemplary damages resulting in whole or part from any user’s use of or reliance upon this information.

3.3 Known Health Risk: If you consume raw or undercooked seafood or shellfish, you do so at your own risk. Consuming raw or undercooked seafood or shellfish may increase your risk of foodborne illness, especially if you have a medical condition. The cooking of such foods reduces the risk of illness.

3.4 DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CAMANCHACA AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD‑PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHERMORE, CAMANCHACA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON‑INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAMANCHACA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAMANCHACA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3.5 Outside Links. The Website may contain links and pointers to sponsors of the Website and other World Wide Web internet sites. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  1. LIMITATION OF LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CAMANCHACA NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAMANCHACA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE; (b) 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 WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD‑PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE.

SOME JURISDICTIONS MAY PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. TERMINATION

5.1 Termination in General. Camanchaca may terminate your access to any part or the entire Website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Upon termination of access to the Website, your right to use the Website immediately ceases.

 

5.2 Termination as result of Spam. Camanchaca will immediately terminate your access to the Website if Camanchaca believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e‑mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Camanchaca liquidated damages of $5 for each unsolicited bulk e‑mail message transmitted using the Website. Otherwise you agree to pay Camanchaca’s actual damages, to the extent such actual damages can be reasonably calculated.

  1. GENERAL

6.1 Indemnification. You hereby agree to indemnify, defend and hold Camanchaca and all its owners, subsidiaries, affiliated companies, officers, directors, agents, employees, information providers, suppliers, partners, sponsors, advertisers, licensors, licensees, including (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, or arising out of any activity whatsoever related to the Website. You shall cooperate as fully as reasonably required in the defense of any claim. Camanchaca reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Camanchaca.

6.2 CHOICE OF LAW AND FORUM. THIS AGREEMENT AND ALL MATTERS OR ISSUES RELATED THERETO SHALL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, USA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES OR COMITY. THE STATE AND FEDERAL COURTS IN MIAMI-DADE COUNTY, FLORIDA, USA, SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE WITH RESPECT TO ANY DISPUTES ARISING HEREUNDER, AND EACH PARTY WAIVES OBJECTION TO SUCH JURISDICTION AND VENUE. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS, AS AMENDED FROM TIME TO TIME, ARE EXCLUDED FROM APPLICATION TO THIS AGREEMENT.

6.3 Modification. Camanchaca reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website, and continued use of the Website signifies your acceptance of the modified terms and conditions of use.

Other legal notices posted on this Website contain additional terms and conditions to which you are bound. Please review such agreements by clicking on the links below.

 

© 2016 Camanchaca, Inc. All rights reserved.
Pier33Gourmet™ is a trademark of Compañía Pesquera Camanchaca S.A.
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