Welcome to the Pacific Rim Gourmet web site (the "Pacific Rim Gourmet Site"), a web site owned and operated by Monstra, Inc. ("Pacific Rim Gourmet").
I. LICENSES AND RESTRICTIONS
Pacific Rim Gourmet grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Pacific Rim Gourmet) of the Pacific Rim Gourmet Site. Pacific Rim Gourmet further grants the User a limited, nonexclusive and revocable right to create a hyper-link to the home page of Pacific Rim Gourmet so long as the link does not portray Pacific Rim Gourmet, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing does not include any rights to:
* modify, download (other than page caching), reproduce, copy, or resell the Pacific Rim Gourmet Site, the Content or any portion or derivative thereof;
* commercially use the Pacific Rim Gourmet Site, the Content or any portion derivative thereof (unless User has a business relationship with Pacific Rim Gourmet);
* enable high volume, automated, electronic processes that apply to the Pacific Rim Gourmet Site or its systems;
* use any robot, spider, data miner, scraper or other automated means to access the Pacific Rim Gourmet Site or its systems for any purpose;
* interfere or attempt to interfere with the proper working of the Pacific Rim Gourmet Site;
* bypass any Pacific Rim Gourmet measures used to prevent or restrict access to any portion of the Pacific Rim Gourmet Site;
* frame or utilize framing techniques to enclose any logo, or other proprietary information (including images, text, page layout, or form) of Pacific Rim Gourmet;
* use Pacific Rim Gourmet name, services marks or logos in any meta tags or any other "hidden text" or
* compile, repackage, disseminate or otherwise use data extracted from the Pacific Rim Gourmet Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Pacific Rim Gourmet express written consent (which may include a written agreement signed by an authorized representative of Pacific Rim Gourmet). Any unauthorized use of the Pacific Rim Gourmet Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Pacific Rim Gourmet.
User acknowledges that the Pacific Rim Gourmet Site contains Content that are protected by copyrights, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Pacific Rim Gourmet owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
When Pacific Rim Gourmet acts as a distributor of Content, including Digital Content, supplied by third parties and Users, Pacific Rim Gourmet has no editorial control over such Content. Pacific Rim Gourmet is not obligated to review Content, including Digital Content and User Created Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Pacific Rim Gourmet, unless expressly stated otherwise. Pacific Rim Gourmet makes no representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the Pacific Rim Gourmet Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall Pacific Rim Gourmet be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Pacific Rim Gourmet Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Pacific Rim Gourmet Site.
The price for an item on the Pacific Rim Gourmet Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Pacific Rim Gourmet Site. If the price for the item on the Pacific Rim Gourmet Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Pacific Rim Gourmet, Pacific Rim Gourmet may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
IV. RISK OF LOSS
The risk of loss and title for all items purchased via the Pacific Rim Gourmet Site pass to the User upon delivery of the item to the carrier.
V. PRODUCT DESCRIPTION
The items offered for sale on the Pacific Rim Gourmet contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Pacific Rim Gourmet does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM PACIFIC RIM GOURMET THAT IS NOT AS DESCRIBED ON THE PACIFIC RIM GOURMET.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VI. AGE OF USERS
Pacific Rim Gourmet does not intend the Pacific Rim Gourmet Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). Pacific Rim Gourmet relies upon Guardians to determine if any Content or items available on the Pacific Rim Gourmet Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Pacific Rim Gourmet Site only under the supervision of Guardian.
User consents to receive electronic communications from Pacific Rim Gourmet addressed to the e-mail address posted on the Pacific Rim Gourmet Site. User acknowledges and agrees that any communication via e-mail or by postings on this Pacific Rim Gourmet Site satisfies any legal requirement that such communications be made in writing.
IX. DISCLAIMERS AND LIMITATION OF LIABILITY
Pacific Rim Gourmet is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Pacific Rim Gourmet Site, whether caused by Users of the Pacific Rim Gourmet Site or by any of the equipment or programming associated with or utilized in the Pacific Rim Gourmet Site, including the Pacific Rim Gourmet. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Pacific Rim Gourmet. Profiles and third party applications created and posted by Users on the Pacific Rim Gourmet Site may contain links to other websites. Pacific Rim Gourmet is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Pacific Rim Gourmet. Inclusion of any linked website on Pacific Rim Gourmet does not imply approval or endorsement of the linked website by Pacific Rim Gourmet. When you access these third party sites, you do so at your own risk. Pacific Rim Gourmet takes no responsibility for third party advertisements or third party applications that are posted on or through the Pacific Rim Gourmet Site, nor does it take any responsibility for the goods or services provided by its advertisers. Pacific Rim Gourmet is not responsible for the conduct, whether online or offline, of any User of the Pacific Rim Gourmet Site . Pacific Rim Gourmet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Pacific Rim Gourmet is not responsible for any problems or technical malfunction of the Pacific Rim Gourmet or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Pacific Rim Gourmet Site or Services. Under no circumstances shall Pacific Rim Gourmet be responsible for any loss or damage, including personal injury or death, resulting from use of the Pacific Rim Gourmet Site, from any Content, including Digital Content and User Created Content, from the Pacific Rim Gourmet, or from the conduct of any Users of the Pacific Rim Gourmet Site or, whether online or offline.
The Pacific Rim Gourmet Site and the Pacific Rim Gourmet are provided by Pacific Rim Gourmet on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, Pacific Rim Gourmet disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, Pacific Rim Gourmet make no representation or warranty of any kind, express or implied: (i) as to the operation of the Pacific Rim Gourmet Site, or the information, Content, including Digital Content and User Created Content, the Pacific Rim Gourmet and materials or products included thereon; (ii) that the Pacific Rim Gourmet Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the Pacific Rim Gourmet, or merchandise provided through the Pacific Rim Gourmet Site; or (iv) that the Pacific Rim Gourmet Site, its servers, or e-mails sent from or on behalf of Pacific Rim Gourmet are free of viruses, scripts, trojan horses, worms or other harmful components.
Pacific Rim Gourmet does not guarantee the continuous, uninterrupted or secure access to the Pacific Rim Gourmet Site or any related services. The operation of the Pacific Rim Gourmet Site may be interfered with by numerous factors outside the control of Pacific Rim Gourmet.
Under no circumstances shall Pacific Rim Gourmet be liable for any damages that result from the use of or inability to use the Pacific Rim Gourmet Site, including but not limited to reliance by a User on any information obtained from the Pacific Rim Gourmet Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Pacific Rim Gourmet's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, merchandise, and services available through the Pacific Rim Gourmet Site.
Pacific Rim Gourmet will not be liable for any indirect, incidental, special or consequential damages arising from the use of the Pacific Rim Gourmet Site or the purchase or download of any Content, including Digital Content, or product therefrom, even if Pacific Rim Gourmet have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XI. APPLICABLE LAW; JURISDICTION
Each of Pacific Rim Gourmet and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Travis County, Texas and waives any objection to the laying of venue of any litigation in said courts.
XII. ADDITIONAL TERMS AND CONDITIONS
* Privacy and Security Policies:
XIII. DISPUTE RESOLUTION
Alternatively, at Pacific Rim Gourmets sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Austin, Texas.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Pacific Rim Gourmet reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XIV. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pacific Rim Gourmet, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Pacific Rim Gourmet a notice requesting that the material be removed or access to it blocked. The notice must include the following information (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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pacific Rim Gourmet to locate the material on the Pacific Rim Gourmet Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (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 copyright owner, its 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 infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pacific Rim Gourmet a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Monstra, Inc. dab Pacific Rim Gourmet, 13033 FM 2769, Austin, TX 78726 and at contact us . Pacific Rim Gourmet suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.