WEBSITE ACCESS AGREEMENT
Welcome to Cole’s website: www.colesseafood.com, (“Cole’s website”). By accessing Cole’s website, you agree to be bound by the terms and conditions outlined below in (the “terms”). The terms constitute a legal agreement between Cole’s (collectively, “us” or “we”) and you, which shall govern your use of Cole’s website. If you do not agree with the “terms” contained herein, we ask that you refrain from using Cole’s website. Cole’s periodically updates/modifies/revises the website “terms” and updates are posted to this page. Following any such update/modification/revision, your use of Cole’s website constitutes your continued agreement to be bound by the “terms”, as stated. If any change is unacceptable to you, your recourse is to discontinue using “Cole’s website”.
CHANGES TO THE SITE
Cole’s reserves the right to modify/revise/suspend any aspect of the website, including, but not limited to, content, features, products, terms and/or hours of availability. Cole’s may impose limits on certain website features or restrict public access to part or all of the website without prior notice or penalty.
To access certain areas of Cole’s website, you may be asked to create a password-protected user account. If a user account is created, you are solely responsible for the security of your password.
Certain names, logos, and other content and copy displayed on Cole’s website, and in connection with Cole’s services constitute registered trademarks, trade names, service marks or logos (“marks”) owned or registered by Cole’s or other third parties. You are not authorized to use or register any such marks. Ownership of all such marks and the goodwill associated therewith remains the sole possession of Cole’s or those other third parties.
COPYRIGHTS AND RESTRICTIONS ON USE
The content on Cole’s website (“Cole’s content”), including, without limitation, text, databases, software, code, music, sound, photos, and graphics, is copyrighted by Cole’s and/or our licensors under United States and international copyright laws and is subject to other intellectual property and proprietary rights and laws and is solely owned by Cole’s or our authorized licensors. “Cole’s content” may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without prior written permission by Cole’s and/or prior written permission of our applicable licensors with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. All parties shall be governed by all copyright notices, information, or restrictions contained in or attached to any of “Cole’s content”.
DISCLAIMER OF WARRANTIES
Cole’s website, its contents, functions and all information, products and services contained in, or offered through, this website are provided on an ‘as is’ and ‘as available’ basis, without representations or warranties of any kind. Cole’s expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement, and any implied warranties arising from course of dealing or course of performance. Cole’s does not warrant that this website or its contents will be complete, accurate, timely, uninterrupted, secure, or error-free or that defects will be corrected. All information on the website is subject to change without notice. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In its sole discretion, you agree that Cole’s may terminate your use of the website without prior notice if Cole’s believes that you have violated or acted inconsistently with the letter or spirit of these terms. Further, you agree that Cole’s shall not be liable to you or any third party for any termination of your access to Cole’s website.
Cole’s provision of a link to any other website or location is for your convenience and does not signify Cole’s endorsement of such other website, location, or its contents. Cole’s will not be liable for any information, software, or links found at any other website, internet location, source of information, or for your use of such information.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in no event will Cole’s or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of, or should have known, of the possibility of such damages), resulting from your use of or inability to use the website or any other matters relating to the website.
EXCLUSION AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
You agree to defend, indemnify and hold Cole’s, our affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from: (a) your access to or use of the website; (b) any violation by you of any of the provisions these terms; or (c) your violation of any rights of any other person or entity. This obligation shall survive the termination or expiration of these terms and/or your use of the site.
Any legal action, suit or proceeding arising out of or relating to this agreement or your use of the website shall be instituted exclusively in the state of Rhode Island. The terms constitute the entire and exclusive and final statement of the agreement between you and Cole’s, with respect to the subject matter hereof, and govern your use of the website, superseding any prior agreements or negotiations between you and Cole’s, with respect to the subject matter hereof. Cole’s failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Cole’s website or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that, except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to this agreement.