Last updated: 20 May 2015
TERMS AND CONDITIONS
Welcome to Clearwater Marine Aquarium Digital Network. These Terms & Conditions apply to the Clearwater Marine Aquarium websites located at www.seewinter.com, www.cmaquarium.org and cmastore.seewinter.com, and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Clearwater Marine Aquarium”, “us”, or “we” refers to Clearwater Marine Aquarium.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Clearwater Marine Aquarium or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Clearwater Marine Aquarium and protected by U.S. and international copyright laws. Clearwater Marine Aquarium and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
Clearwater Marine Aquarium grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, DOWNLOADING, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 13, you may use this Site only with involvement of a parent or guardian.
From time to time CMA, or its designate, may place a cookie on your computer. A “cookie” is a small line of code that is stored in your browser when you visit a cookie-enabled Web site. A cookie allows us to track and keep records on user activity. Most browsers are initially set to accept cookies. If you set your browser to reject cookies, it is possible that some parts of the Web site will not function. Moreover, in order to use the Services, your browser must accept cookies.
UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes in ACCORDANCE with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Clearwater Marine Aquarium that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
(a) Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Clearwater Marine Aquarium or generally publicly available browsers;
(d) frame, mirror, or use framing techniques on any part of the Site without Clearwater Marine Aquarium’s express prior written consent;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing Clearwater Marine Aquarium’s name or marks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Site;
(i) conduct fraudulent activities on the Site;
(j) violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Clearwater Marine Aquarium website) or to the Site (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of Clearwater Marine Aquarium, including promotions and/or advertising of products or services;
(l) tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
(m) use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Site;
(o) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
(p) use the Site to advertise or offer to sell or buy any goods or services without Clearwater Marine Aquarium’s express prior written consent;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
(s) remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
You may be required TO REGISTER with Clearwater Marine Aquarium in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Clearwater Marine Aquarium including those set forth in these Terms & Conditions, Clearwater Marine Aquarium reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
MODIFICATION AND TERMINATION
Clearwater Marine Aquarium may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Clearwater Marine Aquarium reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Clearwater Marine Aquarium reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of YOUR access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
Clearwater Marine Aquarium welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you SUBMIT, and Clearwater Marine Aquarium assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Clearwater Marine Aquarium a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, COMPUTER code or original artwork. In addition, you grant to Clearwater Marine Aquarium the right to include the name provided along with the User Content submitted by you; provided, however, Clearwater Marine Aquarium shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any APPLICABLElaw under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Clearwater Marine Aquarium neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Clearwater Marine Aquarium will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Clearwater Marine Aquarium.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Clearwater Marine Aquarium the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Clearwater Marine Aquarium reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Some products offered on the website are available for pickup at our retail store. Not all items are available for this service nor is the service available in all stores. If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your order, you or your alternate pickup person must show a valid government-issued ID. Clearwater Marine Aquarium will hold your items for five days starting the day after the order was processed by Clearwater Marine Aquarium. Clearwater Marine Aquarium reserves the right to limit the quantity of items ordered for Store Pickup as well as the days of the year that this service is offered.
Clearwater Marine Aquarium strives to display as accurately as possible the colors of the products shown on the Site; however, Clearwater Marine Aquarium cannot and does not guarantee that your monitor’s display of any color will be accurate
Digital music downloads offered by Clearwater Marine Aquarium (“Music Downloads”) are provided for your personal, noncommercial use only in the United States, its territories, and possessions. All purchases of music content (“Music Content”) are deemed final and are non-refundable. The use and purchase of Music Content require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. We reserve the right to change the prices and availability, including removal of Music Content, without prior notice to you.
In accessing Music Content through Clearwater Marine Aquarium, You agree:
To not modify, or attempt to modify, any software or Music Content purchased through Clearwater Marine Aquarium for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Music Content.
Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Music Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner is a violation of the law and is expressly prohibited.
Other than as expressly set forth herein, copying, sharing or transferring of the Music Content is expressly prohibited.
Downloads of Music Content may be purchased individually, collectively as albums, or, in some cases, only in the form of albums. All Music Downloads sold through Clearwater Marine Aquarium are encoded in a high quality MP3 or AAC+ format. Once a Music Download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device. Music Content may not be used as a musical “ringer” in connections with phone calls
LIMITATIONS ON QUANTITY
Clearwater Marine Aquarium does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS, AND INACCURACIES
If an item is out of stock, Clearwater Marine Aquarium may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Clearwater Marine Aquarium, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Clearwater Marine Aquarium’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Clearwater Marine Aquarium makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Clearwater Marine Aquarium reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. 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, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. The Pricing Policy is incorporated into these Terms & Conditions in its entirety
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products PURCHASED on the Site passes to the purchaser upon delivery to the carrier.
You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, DOWNLOADING, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Forward Looking Statements
The Site, and any documents issued by us and AVAILABLE through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words “expect,” “may,” “could,” “believe,” “would,” “might,” “anticipates,” or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are set forth on our description of risk factors in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K, which should be read in conjunction with the forward-looking statements on the Site. Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of Clearwater Marine Aquarium used in connection with the offering or sale of securities.
From time to time, Clearwater Marine Aquarium provides EARNINGS or other financial information to the public via webcasts or conference call. Unauthorized recording or downloading of these is not permitted. Any rebroadcast or rewebcast of these events is prohibited without the express prior consent of Clearwater Marine Aquarium. Information provided is only accurate as of the date of the event.
Third-Party Financial Information
We provide links and access to third-party web sites or services that contain information that is provided AS A SERVICE to those interested in the information. Clearwater Marine Aquarium neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Clearwater Marine Aquarium does not endorse or adopt these web sites or any information contained therein. Clearwater Marine Aquarium makes no representations or warranties whatsoever regarding their accuracy or completeness
LINKS TO THIRD-PARTIES’ WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and PRODUCT MANUFACTURERS’ sites. Clearwater Marine Aquarium is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Clearwater Marine Aquarium strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Clearwater Marine Aquarium of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
Clearwater Marine Aquarium cannot and does not represent or warrant that the Site or its server will be error FREE, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY CLEARWATER MARINE AQUARIUM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CLEARWATER MARINE AQUARIUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM CLEARWATER MARINE AQUARIUM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. CLEARWATER MARINE AQUARIUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, CLEARWATER MARINE AQUARIUM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
CLEARWATER MARINE AQUARIUM DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by Clearwater Marine Aquarium from the United States, and is not intended to subject Clearwater Marine Aquarium to the laws or jurisdiction of any state, country or territory other than that of the United States. Clearwater Marine Aquarium does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CLEARWATER MARINE AQUARIUM OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CLEARWATER MARINE AQUARIUM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CLEARWATER MARINE AQUARIUM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CLEARWATER MARINE AQUARIUM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Clearwater Marine Aquarium and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content SUBMITTED by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Clearwater Marine Aquarium sends to you, you consent to receive notices and other communications by Clearwater Marine Aquarium posting notices on the Site, sending you an email at the email address listed in your profile in YOUR ACCOUNT, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Clearwater Marine Aquarium provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
TICKETS & PROGRAM POLICY
Clearwater Marine Aquarium reserves the right to deny access to its facilities to anyone at our discretion. Unauthorized use or sale of this ticket may prevent your admittance to Clearwater Marine Aquarium. This confirmation, if lost or stolen, will not be replaced. No refunds will be issued. Not redeemable for cash. No retroactive discounts allowed. The Clearwater Marine Aquarium reserves the right to require photo I.D. for entry. Commercial photography and filming activities are conducted at Clearwater Marine Aquarium. Admittance into Clearwater Marine Aquarium grants permission to Clearwater Marine Aquarium to utilize the guests’ likeness, actions or statements in any live or recorded audio, video, or photographic display or other transmission, publication, or reproduction at Clearwater Marine Aquarium in any medium or context for commercial or promotional purposes without further authorization or compensation. Clearwater Marine Aquarium attractions are subject to closure due to inclement weather as determined by management. All education programs, tours or scheduled times noted on confirmation take place rain or shine. Program times are subject to change. CMA has the right to cancel programs if needed. In the event a program is cancelled a refund will be issued for that portion of the purchase. Boat tours are subject to weather conditions,and minimum passenger requirements. Cancellation of a boat due to weather will result in a refund for that portion of the purchase.Price/space is guaranteed upon payment in full. Programs are non-refundable, changes are permitted with 24 hours notice based onavailability. Terms are subject to change.
RULES FOR PROMOTIONS
PUBLIC WI-FI ACCESS TERMS AND CONDITIONS
Last updated: 20 May 2015
Clearwater Marine Aquarium PUBLIC WIFI ACCESS TERMS
PUBLIC WI-FI ACCESS TERMS AND CONDITIONS
This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided free of charge to you, a guest, vendor, board member or employee of the Clearwater Marine Aquarium (“CMA”).
Your access to the Service is completely at the discretion of CMA. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for CMA, disruption of access to other users or networks, and violation of applicable laws or regulations. CMA reserves the right to monitor and collect information while you are connected to the Service and that the collected information can be used at discretion of CMA, including sharing the information with any law enforcement agencies, CMA partners and/or CMA vendors.
CMA may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.
We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
that the Service may not be uninterrupted or error-free;
that your device may be exposed to viruses or other harmful applications through the Service;
that CMA does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
that CMA’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;
The service and any products or services provided on or in connection with the service are provided on an “as is”, “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law,custom, prior oral or written statements by CMA, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.
2. ACCEPTABLE USE OF THE SERVICE
2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidating or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain material which infringe third party’s rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our work;
2.1.7 are bulk and/or commercial messages;
2.1.8 contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;
2.1.9 are activities that invade another’s privacy; or
2.1.10 are otherwise unlawful or inappropriate;
2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.
2.3 You must not use the service to access illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
2.4 You must not use the service to distribute Internet Viruses, Trojan Horses, or other destructive software.
2.5 The Service is intended for CMA guest use only. Access to this Service must not be used for commercial activity.
2.6 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.5 above.
2.7 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
3. CRIMINAL ACTIVITY
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United States or in any country throughout the world.
3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
3.3 You agree and acknowledge that we will monitor your activity while you use this service and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. OTHER TERMS
4.1 Under no circumstances will CMA, their suppliers or licensors, or their respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the Guest or its appointees (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.
4.2 You agree to indemnify and hold harmless CMA and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or a violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that CMA may assert under this Agreement or by law.
4.3 This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.
4.4 CMA’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede CMA’ right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by CMA with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and CMA with respect to its subject matter and supersedes all prior writings or understanding.
By agreeing to the terms of service, I confirm that I accept these terms and conditions as the basis of my use of the wireless internet access provided.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Clearwater Marine Aquarium with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held INVALID, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control
If you have any concerns about Clearwater Marine Aquarium or YOUR use of the Site, please contact us at [email protected] with a detailed description, and we will try to resolve it.