PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
THE SECTION BELOW TITLED “AGREEMENT TO ARBITRATE” CONTAINS A BINDING ARBITRATION AGREEMENT. THESE TERMS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Fish and Fish Products
LiveInUS is a licensed fish processor by the California Department of Fish and Wildlife. It obtains fresh, frozen, and live fish and fish products for sale on the Website. All fish and fish products are obtained and offered for sale solely within the State of California. This section does not apply to any sales of shellfish. Any sales of fish or fish products outside California is strictly prohibited.
LiveInUS will select the shipping method and dates for all Orders of fish and fish products. LiveInUS will ship the Order to your specified shipping destination so long as your Order is received by before the cut-off time. Any Order submitted on non-business days, or after the cut-off time, will be deemed received on the next business day.
LiveInUS does not accept returns of live or fresh Products and may require photographic evidence of any complaints. LiveInUS uses commercially reasonable efforts to ensure that all descriptions and images of products are as accurate as possible. However, LiveInUS 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 solely by LiveInUS.
LiveInUS may offer cleaned, or otherwise non-live fish products for purchase. In such cases, any weight listed is the live fish weight, before processing and/or cleaning. Therefore, the actual weight of the product you receive will be between 20-30% less than the listed weight. By placing any order for cleaned or otherwise processed products, you understand and acknowledge this discrepancy.
LiveInUS’ fish products are largely live saltwater seafood. Once delivered to you, LiveInUS is not responsible for any actions you may take to preserve, extend, or otherwise prolong the life of the products until consumption. You acknowledge any attempt to soak, submerge, or place the products in non-ocean water will likely cause the death of any live seafood, and will not be cause for any refund, discount, or claim.
All Other Products, Including Shellfish
LiveInUS is an agent of various manufacturing and distribution companies, authorized to list their products for sale on the Website. These products are not owned by, sourced, or manufactured by LiveInUS, but instead the listed company on the Website. All such product purchases through the Website are purchased from the company, while facilitated by LiveInUs, and are legally binding transactions.
Terms for All Orders
You are responsible for any charges, penalties and or fees imposed by LiveInUS or other 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 LiveInUS. LiveInUS will use commercially reasonable efforts to honor Order cancellations or changes, but cannot guarantee changes to an Order after submittal.
LiveInUS 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.
From time to time, LiveInUS may produce and circulate offers, coupons, and/or discounts (collectively “coupons”) for its customers to purchase products. While each coupon may have its own terms and conditions, standard terms and conditions will apply to all coupons. The terms and conditions are as follows:
All coupons are subject to cancellation, termination, and/or revocation by LiveInUS prior to customer’s submission of payment, irrespective of the states expiration date. All coupons shall expire no later than the printed expiration date. Only one coupon is redeemable per household, per transaction. Coupons may not be combined with other offers, promotions, or coupons. Coupons must be presented/redeemed at the time of order, they may not apply to prior or past orders. Coupons are only available for orders placed with credit or debit cards. If a coupon is used and the order is subsequently cancelled, the coupon will not be returned. All orders are subject to availability, if a product advertised is no longer available, the coupon may not be applied to a different order or product. Coupon value does not exceed $.001.
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.
LiveInUS is the licensee of certain trademarks, service marks and logos (registered and unregistered). 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 LiveInUS. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the LiveInUS Trademarks displayed on this Website, without our prior written permission in each instance.
By accessing and/or using the Website or the Services, You hereby agree that: (i)you will not use the Services for any unlawful purpose; (ii) you will not spam or use the Services to engage in any commercial activities; (iii) you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, and; (iv) 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
LiveInUS, 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. Your correspondence and dealings with advertisers are solely between you and we are not responsible or liable for the statements or conduct of any third party.
Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or civil prosecution.
You are solely responsible for the means you use to access the Website and all costs associated therewith.
LIVEINUS, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “LIVEINUS 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.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT OF THE ALLEGED ACTIVE OR PASSIVE NEGLIGENCE OF THE LIVEINUS PARTIES: (I) THE LIVEINUS 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 LIVEINUS 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.
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 AAA pursuant to its rules. The Arbitration shall take place in Orange County, California. 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.
In the event that this Agreement to Arbitrate is found not to apply to you or your claim, you and LiveInUS agree that any judicial proceeding (other than small claims actions) will be brought in a federal or state court located in Orange County, California. Both you and LiveInUS 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 LiveInUS and its licensors.
Questions or comments regarding this Website and/or the Services, including any reports of non-functioning links, should be submitted using our email address INFO@liveinUS.net.