MEADE DIGITAL ENTERPRISES CORP. -- www.fultonfishmarket.comLast updated: 7/04/2016
THE SECTION BELOW TITLED “AGREEMENT TO ARBITRATE” CONTAINS A BINDING ARBITRATION AGREEMENT. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Meade is an agent of Vendors located at the Fulton Fish Market. See a list of participating vendors (“Vendors”) here: Vendor List. All Products are provided by the Vendors, and are not manufactured or sourced by Meade. Meade facilitates your purchase of Products from the Vendor solely in its capacity as an agent of the Vendors. All Product purchases through the Website, or otherwise facilitated by Meade, are legally binding transactions.
Meade does not accept and /or process back Orders. If one or more items on your Order are not in-stock and/or not available, Meade will use commercially reasonable efforts to locate the item or a suitable alternative, or that item will be removed from the Order and the balance of the Order will be shipped.
Meade will select the shipping method. You will receive tracking numbers for Orders. Meade will ship the Order to your specified shipping destination so long as your Order is received by the cut-off time on business days. Any Order submitted on non-business days, or after the cut-off time on business days, will be deemed received on the next business day.
You are responsible for any charges, penalties and or fees imposed by shipping companies resulting from incorrect shipping information. Any Order cancellations or changes must be communicated by the Order cut-off time via the Website or as otherwise directed by Meade. Meade will use commercially reasonable efforts to honor Order cancellations or changes, but cannot guarantee changes to an Order after submittal.
If you are an individual purchasing Products for personal, non-commercial consumption, Meade will charge your credit card or other form of tender for the list price of the Products in each Order, plus shipping & handling, insurance, processing & related fees, and/or taxes, as applicable. All other customers (“Other Customers”) shall pay the list price of the Products in each Order, plus shipping, handling, insurance, processing & related fees, and/or taxes, as applicable, by credit card or other form of tender options made available by Meade on the Website. Other Customers may also request different forms and terms of payment by making such requests via their account profile on the Website, which requests may be granted, denied and changed by Meade at any time in its sole discretion.
Meade strives to provide you with the very best experience each and every time you order from the Website. Meade does not plan to accept returns of fresh Products or frozen Products, and may require photographic evidence of any complaints. Meade uses commercially reasonable efforts to ensure that all descriptions and images of Products are as accurate as possible. However, Meade does not warrant that the descriptions or other content of the Website is accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to request a credit or refund of the funds actually paid for such Product. Determination of credits or refunds will be made by Meade.
Content available on the Website includes:
- Meade Content. The Website contains materials, such as data, text, graphic, images, sound recordings, audiovisual works, Product descriptions, Product photos and titles, list prices and other materials provided by Meade (“Meade Content”). As between Meade and you, all Meade Content is owned exclusively by Meade; and
- User Generated Content. Users may provide or generate content for the Website including, but not limited to, text, photographs, listings/information, communications between users (through the Website or a third party website), feedback, questions, commentary, postings, files, images, video, audio, and other materials (“User Generated Content,” and, collectively with the Meade Content, the “Content”).
You are solely responsible for any User Generated Content that you provide, and the consequences of posting or transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are solely responsible for all User Generated Content that you upload, email or otherwise make available via the Services. User Generated Content is not confidential, may be freely monitored by Meade (although Meade has no obligation to do so), and may be made public by Meade in its sole discretion.
You retain all of your ownership rights in your User Generated Content; however, by submitting the User Generated Content to Meade, you hereby grant to Meade an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content including, without limitation, for commercial purposes, and promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media formats and through any channels now or hereafter known. As the exclusive licensee of User Generated Content, you hereby grant to Meade the exclusive right to enforce copyrights in the User Generated Content against anyone copying republishing, distributing, or preparing derivative works of the User Generated Content without Your consent. Furthermore, by you posting User Generated Content on the Website, you agree to and do hereby grant to Meade exclusive rights to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, exploitation or commercial use of the User Generated Content by any party for any purpose. You also hereby grant visitors and users of the Website a non-exclusive license to access, view and display, but not to otherwise access, distribute or copy, your User Generated Content through the Website. For avoidance of doubt, you hereby represent that you have not, and will not, grant any license rights to your User Generated Content for the purposes of crawling, scrapping, or using automated means (e.g., data mining, robots, crawlers, spiders, or similar extraction tools) on or through the Website to obtain any data or information.
Intellectual Property Rights.
Security. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or the Services, including any features that prevent or restrict use or copying of any Content or Services, or enforce limitations on use of the Website, the Services or the Content. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover, acquire, copy or emulate any source code or object code contained in the Services or the Website.
User Generated Content. We reserve the right (although we have no obligation), to monitor User Generated Content, and remove any User Generated Content at any time, in our sole discretion, without any notification or explanation. User Generated Content may be readily accessible to the public via the Website, including any confidential information and personally identifying information that you may make available online. With respect to User Generated Content, we shall be free to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Meade is the owner or licensee of certain trademarks, service marks and logos (registered and unregistered) (the “Meade Trademarks”). Other product and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Meade. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Meade Trademarks displayed on this Website, without our prior written permission in each instance. All goodwill generated from the use of the Meade Trademarks will inure to our benefit.
Acceptable Use Policy.
By accessing and/or using the Website or the Services, You hereby agree that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive or personal information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another person;
- You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means
Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.
Links to Other Web Websites.
Advertisements on the Website.
Meade, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its products or services by Meade. Your correspondence or any other dealings with advertisers found on the Website are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website.
You have no right to (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or any Content available on the Website (except for your own User Generated Content), (ii) engage in crawling, scrapping or similar activities, or (iii) use automated means, including data mining, robots, crawlers, spiders, or similar data gathering, extraction tools and the like on the Website for any purpose. You agree not to use any means or measures whatsoever to circumvent any technological measure in place to prevent unauthorized use of the Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or derivative use of any content posted on the Website whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Meade (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
Notwithstanding the foregoing Meade may, by prior written consent in each case, permit general purpose internet search engines (that provide a method of “opt-out”), and non-commercial public archives that gather information to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the Website, provided that, (i) they do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, and (ii) specifically exclude any website, search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. Anything to the contrary contained herein notwithstanding, Meade specifically reserves the right to terminate your access and use of the Website, the Services and/or the Content, including any ability to extract data from or through the Website, for any reason or no reason, at any time and at its sole discretion.
Security of the Website.
Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or civil prosecution. Meade reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Website. Meade will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Meade does not endorse any User Generated Content or any opinion, statement, recommendation, claim or advice expressed in any User Generated Content, and expressly disclaims any and all liability associated with User Generated Content.
No Responsibility for Connectivity.
You are solely responsible for the means you use to access the Website and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Website.
MEADE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “MEADE PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE AND SALE OF THE PRODUCTS), OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE AND SALE OF THE PRODUCTS) AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND.
Limit of Liability.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT OF THE ALLEGED ACTIVE OR PASSIVE NEGLIGENCE OF THE MEADE PARTIES: (I) THE MEADE PARTIES, OR ANY OF THEM, SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT, THE PRODUCTS OR YOUR PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE, EVEN IF THE MEADE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT, THE PRODUCTS OR YOUR PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH THE SAME DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME STATES DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU.
Digital Millennium Copyright Act.
Meade will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
MEADE DIGITAL ENTERPRISES CORP.
The New Fulton Fish Market
800 Food Center Drive
Bronx, NY 10474.
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Agreement to Arbitrate..
Arbitration Procedures. All Disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you live. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Arbitration and Attorneys’ Fees.Payment of all filing, administration and arbitrator fees and costs will be governed by the JAMS’ rules and governing law, except that Meade will pay such fees and costs (excluding reasonable attorneys’ fees) for you for claims totaling less than $20,000 unless the arbitrator determines that the claims are frivolous. Meade will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous.
Exceptions to the Agreement to Arbitrate. Either party may bring a claim in a small claims court located in the United States county where you live, if the claim is permitted by such court’s rules and is within such court’s jurisdiction. Moreover, either party may bring a lawsuit in court solely for injunctive relief to: (i) stop the unauthorized use or abuse of the Services; (ii) stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), or (iii) protect proprietary interests. The parties agree that an actual or threatened violation of intellectual property rights and confidential and proprietary information will cause irreparable harm and that remedies at law would be inadequate to redress any actual or threatened violation thereof.
Judicial Forum for Disputes. In the event that this Agreement to Arbitrate is found not to apply to you or your claim, you and Meade agree that any judicial proceeding (other than small claims actions) will be brought in a federal or state court located in New York County, New York. Both you and Meade consent to venue and personal jurisdiction there.
You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern your use of the Website and the Services. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. All rights not expressly granted herein are reserved by Meade and its licensors.
Thank you for your cooperation. Questions or comments regarding this Website and/or the Services, including any reports of non-functioning links, should be submitted using our email address firstname.lastname@example.org or via U.S. mail to Meade Digital Enterprises Corp., The New Fulton Fish Market, 800 Food Center Drive, Unit 4/6/8, Bronx, NY 10474. We will use commercially reasonable efforts to respond in a timely manner.