Terms of use for Sunnyvalefresh.com and SSC App

Introduction 

Welcome to Sunnyvalefresh.com("The website") and SSC App ("The mobile app"). This website and mobile app are owned and operated by Sunnyvale Seafood. By visiting our website/using our mobile app and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section for more information). 

This agreement is in effect as of December 1, 2020. 

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. 

Responsible Use and Conduct 

By visiting our website/mobile app and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. 
 

Wherein, you comprehend that: 

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. 

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. 

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. 

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. 

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. 

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. 

g. We may provide various open communication tools on our website/mobile app, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website/mobile app, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: 
i ) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii) Contains any type of unauthorized or unsolicited advertising;
iv). Impersonates any person or entity, including any Sunnyvale Seafood employees or representatives.
 

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. 

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website/mobile app. However, any content posted by you using any open communication tools on our website/mobile app, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Sunnyvalefresh.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy. 

i. You agree to indemnify and hold harmless Sunnyvale Seafood and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. 

j. If you use the Services, 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. Transactions occurred in Sunnyvale Seafood are consummated by adults. If you are under eighteen (18) years of age, you may use the Services only with involvement of a parent or legal guardian. Sunnyvale Seafood reserves the right to refuse providing the Services, terminate accounts, or remove or edit content in its sole discretion. If you register as a business entity, you personally guarantee that you are the authorized representative for that business entity to enter into this binding Agreement with Sunnyvale Seafood.

 

Privacy 

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. Please read our privacy policy for detail.

 

Limitation of Warranties 

By using our website/ mobile app, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that: 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from our website/mobile app or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability 

 In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Sunnyvalefresh.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. 

 

 Copyrights/Trademarks 

All content and materials available on Sunnyvalefresh.com /SSC App, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Sunnyvale Seafood, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Sunnyvale Seafood. 

We respect the intellectual property rights of others, and will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification. If you believe that your work has been used or copied in a way that constitute copyright infringement, and such infringing materials are posted on the Site, or in connection with the Services, please contact us by email( with the word “Copyright” in the subject line of the email )at info@sunnyvaleseafood.com and provide all relevant details.

 

 

Notices

 

Except as otherwise agreed by the parties, any notice shall be given by email to Sunnyvale Seafood at info@sunnyvaleseafood.com (in the case of Sunnyvale Seafood) or, in your case, to the email address you have provided to Sunnyvale Seafood via the website/the mobile App. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Sunnyvale Seafood may, at its sole discretion and option, give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Sunnyvale Seafood via the website/the mobile App, where notice shall be deemed given three (3) days after the date of mailing.

 

 

Termination of Use 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website/mobile app and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. 

 

Governing Law 

This website is controlled by Sunnyvale Seafood. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

 

Guarantee 

 

UNLESS OTHERWISE EXPRESSED, Sunnyvale Seafood EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

 

Contact Information 

 If you have any questions, please contact us at: info@sunnyvaleseafood.com