Terms and Conditions

SEATTLE MARINE & FISHING SUPPLY CO.

TERMS & CONDITIONS

This site is provided as a service to our customers. Please review the following basic Terms and Conditions that govern your use of our Site (the "Agreement"). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions.

We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to all or any part of the Site without notice or liability. We reserve the right to change Product pricing, terms, specifications and warranties without notice. We also reserve the right to update or modify these Terms and Conditions at any time without prior notice and your use following any such change means that you unconditionally agree to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.

While we will make every effort to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product or service, to remove any Materials listed on this Site and to change pricing, terms, specifications and warranties at any time without notice. The prices displayed on this Site are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. We only accept credit cards drawn on US banks. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Seattle Marine and Fishing Supply attempts to display freight costs as accurately as possible.  All freight rates are estimates and are subject to change.  We reserve the right to contact customers regarding extenuating shipping costs associated with commercial verses residential shipping differences, and also with bulky orders that result in higher than normal freight costs which are not covered by the system's standard calculated freight.  The customer will be notified before the order is fulfilled and you will have the opportunity to approve or reject the revised freight cost.  A rejection of the revised freight cost will result in the cancellation of the order.

Hazardous Items cannot be shipped via UPS or USPS.  Hazardous items must either be will called (picked up) in our Seattle, WA. store or shipped via Freight Trucking Line, or Barge Line.  All Freight Trucking and Barge Line shipments will be shipped freight collect.  Customer must have an account with the shipping company for transit of goods. Hazardous Items most likely will incur extra handling charges.  The type and quantity of hazardous items will determine the handling charges.  You will be contacted if your order will require extra handling charges, and you will have the opportunity to approve or reject the additional cost.  A rejection of the additional cost will result in the cancellation of the order.

Heavy items that weight more than 150 lbs cannot be shipped UPS or USPS.  These items must either be will called (picked up) in our Seattle, WA. store or shipped via Freight Trucking Line, or Barge Line.  All Freight Trucking and Barge Line shipments will be shipped freight collect. Customer must have an account with the shipping company for transit of goods.  Heavy Items may incur extra handling charges.  The type and quantity of the items will determine the handling charges.  You will be contacted if your order will require extra handling charges, and you will have the opportunity to approve or reject the additional cost.  A rejection of the additional cost will result in the cancellation of the order.

Oversize items Oversized items are items that are too large to be shipped UPS or USPS. Oversize items must either be will called (picked up) in our Seattle, WA. store or shipped via Freight Trucking Line, or Freight Barge Line.  All Freight Trucking and Barge Line shipments will be shipped freight collect. Customer must have an account with the shipping company for transit of goods.  Oversize items may incur extra handling charges.  The type and quantity of the items will determine the handling charges.  You will be contacted if your order will require extra handling charges, and you will have the opportunity to approve or reject the additional cost.  A rejection of the additional cost will result in the cancellation of the order.

Freight Collect means that you, the receiver, are responsible for all shipping charges, including fees such as customs clearance, brokerage fees, taxes, duties, holding fees, dock fees, etc.  You must have an account with the shipping company with whom you are instructing us to use for your transit of goods.  It is important to note that the freight provider will not release the goods to the receiver until they are paid for, including the shipment cost and ancillary charges associated with moving the freight on their behalf.  Your checkout amount will not include any freight charges for freight collect shipments.

Expedited Delivery dates (such as but not limited to) UPS Next Day Air or 2nd Day Air or USPS Priority Express Mail cannot be guaranteed outside the contiguous United States.  Please contact customer service for more information.

We have done our best to display as accurately as possible the colors of the products shown on our Site. However, because the colors you see will depend, in large part, on your monitor or display device, we cannot guarantee that your device or monitor will display colors accurately.

All of the content you see on this Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to intellectual property rights or licenses held by Seattle Marine & Fishing Supply Co., its affiliates or by third parties who have licensed their materials to Seattle Marine & Fishing Supply Co. The Seattle Marine & Fishing Co. name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Seattle Marine & Fishing Co. or one of its affiliates. All other marks are the property of their respective companies. Fair use of Seattle Marine & Fishing Co. trademarks require proper acknowledgment.

All content and Materials on this Site, and all software used on this Site, is the property of Seattle Marine & Fishing Supply Co. or its content or software suppliers, as applicable, and protected by U.S. and international copyright laws. You may use the Materials on this Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Materials on this Site is strictly prohibited. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws.

As a convenience to you, we may provide on our Site links to websites operated by others. If you link to and/or use these other websites, you will leave this Site and please understand that we have no control over the content on those other websites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms, trojan horses and other items of a destructive nature. We make no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Seattle Marine & Fishing Supply Co. or any of its affiliates or subsidiaries.

Subject to these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. As a condition of your use of this Site, you represent and warrant to us that you will not use this Site for any purpose that is unlawful, immoral or prohibited by applicable law or by this Agreement. Other than this Agreement and agreements between you and Seattle Marine & Fishing Supply Co. relating to the sale of products or services to you through this Site, Seattle Marine & Fishing Supply Co. will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk.

All links to our Site must be approved in writing by us, except that we consent to links in which the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Seattle Marine & Fishing Supply Co. nor be such as to damage or dilute the goodwill associated with the name and trademarks of Seattle Marine & Fishing Supply Co. or its affiliates. We reserve the right to revoke this consent to link at any time in our sole and absolute discretion.

We do not want you to, and you should not, send any confidential or proprietary information to us via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to us including, without limitation, any comments, feedback, ideas, data, suggestions or the like regarding this Site, or submitted or offered in connection with your use of this site in connection with our products, services or other Materials (collectively, “Feedback”), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing any such information or materials, including Feedback, to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, know-how and/or Feedback that you or individuals acting on your behalf provide to us including, but not limited to, developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how and/or Feedback. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in our use, commercial or otherwise, of any Feedback. We shall be under any obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

THIS SITE IS PROVIDED BY SEATTLE MARINE & FISHING SUPPLY CO. ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AND WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENT OR THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. IN NO EVENT WILL WE. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox, Google Chrome, Microsoft Internet Explorer).

If you register for an account on our Site, 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.

You agree to defend, indemnify, and hold Seattle Marine & Fishing Supply Co. and its affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, us or our parent or affiliates.

This Site resides on a server(s) in the State of Washington, USA. This Agreement shall be governed in all respects by the laws of the State of Washington, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Seattle Marine & Fishing Supply Co. or its affiliates must be resolved by a court located in King County, Washington. You agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all claims or disputes. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

If all or any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of this Site.

No modification of this Agreement shall be effective unless it is authored and/or signed by Seattle Marine & Fishing Supply Co. or its affiliates. A printed version of this Agreement and/or of any notice given by us in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.

We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order and provide a more personalized shopping experience.

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.