Information
about the Website User Agreement
This Terms of Use
document or Website User Agreement is a legal
contract between you and Cebu Sport Fishing dot
Com (References to "you", "your" or “customer”
shall relate to a customer of Cebu Sport Fishing
dot Com. or any other party that visits,
browses, shops, accesses or otherwise uses the
www.cebusportfishing.com website; references to
"CEBU SPORT FISHING dot COM" shall relate to
Cebu Sport Fishing dot Com, a Delaware
corporation, located in California, United
States and its affiliates.)
By using the www.cebusportfishing.com website, where using also means visiting, browsing, shopping, and accessing, you acknowledge that you have read, understood, and agree to be bound by this Website User Agreement. You also acknowledge that you comply with all applicable laws and regulations pertaining to internet use and the access of this website. If you do not agree to this Website User Agreement, please leave the www.cebusportfishing.com website immediately.
Copyrighted
Content
All content on
this website is provided by CEBU SPORT FISHING
dot COM or its third party suppliers, authors,
and/or developers. Much of the content on this
website is copyrighted and therefore protected
by worldwide copyright laws and treaty
provisions. You may not copy, adapt, modify,
display, perform, or otherwise use any content
or related materials (including use on any other
web site or networked computer environment)
without the prior written permission of CEBU
SPORT FISHING dot COM and/or its third party
providers. Any unauthorized use of any of any
content or related materials on this website may
violate copyright, trademark and other similar
laws.
Website
Access
CEBU SPORT
FISHING dot COM allows you to access and to use
this www.cebusportfishing.com website and its
content, but not to download (other than page
caching) and not to modify it, except with
express written consent of CEBU SPORT FISHING
dot COM. The following activity is not allowed:
1. Any
commercial use of any automated software (AKA
robot or spider) (except such owned by Google,
Yahoo and MSN), or manual process to monitor or
copy portions of the website or the content
contained herein without prior written
permission by CEBU SPORT FISHING dot COM;
2.Collection of any product descriptions, prices
and images, from the Site for the benefit of
another merchant that supplies products
competitive with or comparable to those offered
on this website;
3. DoS attacks and other actions which can cause
increased server load and decreased
availability.
You may not use any CEBU SPORT FISHING dot COM logo or other proprietary graphic or trademark as part of the link without express written permission. CEBU SPORT FISHING dot COM does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the www.cebusportfishing.com website.
Limitation of
Liability
TO THE FULLEST
EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES
SHALL CEBU SPORT FISHING dot COM, OR ANY OF CEBU
SPORT FISHING dot COM’S CURRENT OR FORMER
OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS,
SUCCESSORS, PREDECESSORS, AFFILIATES, PARENTS
DIVISIONS, SUBSIDIARIES, BRANCHES, UNITS,
PARTNERS, JOINT VENTURERS, CONTRACTORS, AGENTS,
AND ASSIGNS BE LIABLE FOR LOST REVENUE, PROFIT,
BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF
THE CEBU SPORT FISHING dot COM.COM WEBSITE. CEBU
SPORT FISHING dot COM IS NOT LIABLE FOR ANY LOST
DATA, DELAYS, BREAKDOWNS OR INTERRUPTIONS IN
YOUR USE OF THIS WEB SITE (INCLUDING, WITHOUT
LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS
DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS
OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE
PROVIDER TO PROVIDE SERVICE, OR THEFT OR
UNAUTHORIZED ACCESS TO THE MATERIALS).
Privacy
Policy
Please review our
Privacy Policy to develop an understanding
of our practices with respect to this important
issue. Our
Privacy Policy is also subject to these
Terms of Website Use and its provisions are
incorporated by this reference.
Communications Disclaimer
All communication
(phone calls, emails, faxes or other forms of
communication) you send to us will not be
treated as confidential and/or proprietary.
Anything you send may be used by CEBU SPORT
FISHING dot COM for any purpose, including but
not limited to reproduction, disclosure,
transmission, publication, broadcast, and
posting. Also we are free to use any ideas,
concepts, know-how, or techniques contained in
any communication you send to CEBU SPORT FISHING
dot COM or the www.cebusportfishing.com website
for any purpose whatsoever, including but not
limited to developing, manufacturing and
marketing products using such information.
Jurisdiction,
Governing Law, and Choice of Law
This Website is
operated by CEBU SPORT FISHING dot COM INC., a
Delaware corporation, operating out of Orange
County, California, in the United States of
America. CEBU SPORT FISHING dot COM makes no
representation that the information in this
website is appropriate or available for use in
other locations, and access to the
www.cebusportfishing.com website from
territories where the content of the website may
be illegal is prohibited. Those who choose to
access the website from other locations do so at
their own risk and are responsible for
compliance with applicable local laws.
CEBU SPORT FISHING dot COM and the Customer unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Website User Agreement, or any breach or threatened breach thereof, shall be exclusively be resolved in binding arbitration proceeding within Orange County, California.
Any sales derived from this website shall be deemed to have been made and accepted and performed in Orange County, California, and the construction, interpretation, performance, and rights and remedies under this Website User Agreement shall be construed under and governed by the laws of the State of California, without regard to its internal choice of law rules.
Arbitration,
Waiver of Trial by Jury
CEBU SPORT
FISHING dot COM and the Customer waive, to the
extent permitted by law, the right to trial by
jury, and instead CEBU SPORT FISHING dot COM and
the Customer unconditionally consent and agree
that the jurisdiction and venue of any dispute
between the parties regarding construction,
interpretation, performance, and rights and
remedies under this Website User Agreement, or
any breach thereof, shall be submitted and be
subject to, the exclusive jurisdiction of the
American Arbitration Association (“AAA”) for
binding arbitration conducted under the AAA’s
applicable arbitration rules then pertaining
(see www.adr.org),
except as modified herein with respect to
discovery , with a single neutral arbitrator.
The arbitrator shall be selected within 30
business days from the date a party receives a
demand for arbitration. The arbitration shall
take place in the County of Orange, State of
California, and the arbitrator shall apply
California law (enforcement of this arbitration
provision shall also be subject to and governed
by California law). Prior to the commencement
of arbitration, emergency relief is available
from any court to avoid irreparable harm.
Each party shall initially pay all of their respective arbitrator’s and arbitration fees and all other costs unique to the arbitration; however, the prevailing party shall be entitled to its reasonable attorneys fees incurred therewith and to be reimbursed for its share of arbitration and arbitrators fees.
Each party is entitled to discovery of essential facts, documents and witnesses. Each party shall have the right to take depositions and to obtain additional discovery regarding the subject matter of the arbitration, and, use and exercise all of the same rights remedies, and procedures, and be subject to all the same duties, liabilities, and obligations in said arbitration as they would otherwise be entitled to under the California Code of Civil Procedure. The provisions of California Code of Civil Procedure § 1283.05 are hereby specifically incorporates into and made a part of this Website User Agreement by its reference. The arbitrator shall have all the powers vested in a judge of the Superior Court of California, including the power to award provisional and equitable remedies.
Pursuant to California Code of Civil Procedure § 1290.4, the manner of service and/or notice, for all aspects of the arbitration, including but not limited to, the demand for arbitration, notice of hearing, notice of arbitration award, notice of ruling, the petition to confirm the arbitration award, and the hearing and notice of ruling, the petition to confirm the arbitration award, shall be deemed proper if service is made by first class mail at either the address of the parties as listed in this Website User Agreement, or at the last known mailing address of either of the parties. The award of the arbitrator shall be enforced and is subject to judicial review pursuant to the provisions of California Code of Civil Procedure §§ 1285 through 1294.2.
THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, INCIDENTAL, MULTIPLIED OR CONSEQUENTIAL DAMAGES WHERE SUCH LIMITATION OF DAMAGES IS NOT OTHERWISE PROHIBITED BY THE LAW OF THE APPLICABLE STATE OR JURISDICTION.
Attorney’s
Fees
If any legal
action or any arbitration or other proceeding is
brought for the enforcement or interpretation of
this Website User Agreement, or because of an
alleged dispute, breach, threatened breach,
default, misrepresentation in connection with
any of the provisions of this Website User
Agreement, the successful prevailing party or
parties shall be entitled to recover its
reasonable attorneys fees and other costs
incurred in that action or proceeding, including
arbitrator’s fees and arbitration fees and
expenses, in addition to any other relief to
which it or they may be entitled.
Term of Use
Revisions
CEBU SPORT
FISHING dot COM may at any time revise this
Website User Agreement by updating this posting.
By using the www.cebusportfishing.com website,
you agree to be bound by any such revisions and
should therefore periodically visit this page to
determine the then current Terms of Website Use
or Website User Agreement to which you are
bound.
Severability
If any provision
of this Website User Agreement is held to be
illegal, invalid, or unenforceable under present
or future laws, that provisions will be removed
from this Website User Agreement and this
Website User Agreement will be interpreted and
enforced as if the illegal, invalid, or
unenforceable provision had never been a part of
this Website User Agreement and the remaining
provisions will remain in effect and will not be
affected by the illegal, invalid or
unenforceable provision or its removal. Instead
of the illegal, invalid or unenforceable
provision, there will be added, as part of this
Website User Agreement, a provision as similar
in terms to the illegal, invalid or
unenforceable provision as may be possible and
still be legal and enforceable.
Additional
Disclaimers
This Website is
operated by CEBU SPORT FISHING dot COM INC., a
Delaware corporation, operating out of Orange
County, California, in the United States of
America. CEBU SPORT FISHING dot COM makes no
representation that the information in this
website is appropriate or available for use in
other locations, and access to the
www.cebusportfishing.com website from
territories where the content of the website may
be illegal is prohibited. Those who choose to
access the website from other locations do so at
their own risk and are responsible for
compliance with applicable local laws.
CEBU SPORT FISHING dot COM is always trying to show accurate and up-to-date information on this Website (www.cebusportfishing.com), however, we can not guarantee that all product information is accurate.
CEBU SPORT FISHING dot COM can not be liable for any errors in the content of Cebu Sport Fishing dot com.