TERMS AND CONDITIONS
Welcome to Aqua Star's Web site located at www.Aquastar.com. This site is owned and operated by Admiralty Island Fisheries, Inc., d/b/a Aqua Star, and these Terms and Conditions of Use ("Terms") apply to and govern your use of the Aqua Star Web site ("Site"). Your use of the Site signifies your agreement to be bound by these Terms.
Aqua Star reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Site or these Terms at any time. Changes will be effective when posted. Your continued use of the Site after any changes will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
1. Ownership and Copyright
All materials appearing on this Site are the exclusive property of Aqua Star and are protected by United States copyright, trademark, trade secret, and other laws as well as worldwide registrations, treaties, and conventions. Aqua Star offers to you the materials appearing on this Site and any related source code for limited use pursuant to these Terms by way of a limited, nonexclusive, nontransferable license to access, use, and privately display the Site solely for your personal use only by way of one (1) computer connected to the Site over the Internet provided that you fully comply with these Terms. No copying, reproduction, redistribution, transmission, display, modification, publication, posting or reposting of this Site's contents may be made for any commercial purpose without the express prior written permission from Aqua Star. Copies or use of this Site's contents may be made only for personal, noncommercial purposes subject to the fair use provisions of the U.S. Copyright Act, §§ 107 and 108, as amended. All copies, whether in whole or in part, must include the appropriate copyright notice for Aqua Star. Any unauthorized use of the materials appearing on Aqua Star's Site may violate copyright, trademark, and other applicable laws and could result in criminal and/or civil penalties.
2. “AQUA STAR” is a registered trademark of Aqua Star. The names or symbols of other entities’ products and/or services herein are the copyrights, trademarks, or other property of their respective owners. No license of right or other such authority is granted by your use of the Site or by implications, estoppel, or any other means to use any copyright, trademark, or other property appearing on Aqua Star’s Site.
4. Disclaimers and Limitations on Liability
All materials on this Site are provided strictly on an "AS IS" and "WITH ALL FAULTS" basis. Aqua Star attempts to describe its products and services as accurately as possible. Aqua Star, however, makes no warranties, either express or implied, and disclaims and negates all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Information on this Site may contain technical errors, typographical mistakes, or other related inaccuracies. In addition, information may be changed or updated without any advance notice. Aqua Star may also make improvements, modifications, and/or changes in the products and/or programs described in this information at any time without notice. Aqua Star does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site, or otherwise relating to such materials or on any sites linked to this Site.
IN NO EVENT WILL AQUA STAR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF AQUA STAR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AQUA STAR SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, COSTS, LOSSES, LIABILITIES, LAWSUITS, LEGAL ACTION, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, ARISING OUT OF ACCESS TO, USE OF, MISUSE OF OR MISREPRESENTATION OF, OR INABILITY TO USE THE MATERIALS ON AQUA STAR'S SITE. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Aqua Star makes no representations whatsoever about any other Web site that you may access through this one or that contains material referencing Aqua Star. When you access a non-Aqua Star Web site via a hyperlink on Aqua Star's Site, please understand that the content of the third-party Web site is independent from Aqua Star and that Aqua Star has no control over the content on that Web site. In addition, a link to a non-Aqua Star Web site does not mean that Aqua Star endorses or accepts any responsibility for the content, or the use and, in fact, Aqua Star disavows all such responsibility. Aqua Star further does not warrant to, nor assume any responsibility or liability for the actions, product, and content of others' products or respective Web sites.
5. Statute of Limitations and Jurisdiction
Any cause of action brought by you against Aqua Star or its affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. Aqua Star's Site is intended only to be a passive Site containing informational materials. Aqua Star does not actively solicit business through its Site, nor does it intend through its Site to purposefully avail itself of the benefits of the laws of foreign states or countries. Therefore, Aqua Star's Site should not be construed as subjecting Aqua Star to personal jurisdiction of forums beyond its physical place of business.
These Terms shall be construed and enforced in accordance with the laws of the State of Washington without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature related to these Terms at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be mutually agreed upon by you and Aqua Star (collectively, "the parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The prevailing party is entitled to recover attorneys' fees and costs. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties. Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
If any provision of the provisions of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Thank you for reading this information and for visiting Aqua Star's Site.