Privacy Statement of whales.net
We at J & J Fishing Corp DBA Hyannis Whale Watcher Cruises (referred to hereunder as HWWC, we, us, our, etc.), producer of whales.net (the Site), believe that you have the right to know how your personal and other information may be used or disclosed. You take your privacy seriously, and we respect your concerns. Accordingly, we have created this Privacy Statement in order to educate you as to how we collect information, what we do with it, and what controls and options you have. Please read this Privacy Statement carefully, and if you have any questions or concerns, please send us a comment at [email protected]. Unless otherwise indicated, this Privacy Statement applies only to information collected via the Site, and not to any off-line or non-Site related activities of HWWC or its affiliates.
Gathering and Use of Information We and our third party vendors and service providers collect data from you (Information) in different ways and via many different parts of our Site: when you buy one of our products or purchase whale watching tickets. Even if you are just surfing the Site and reading helpful hints, we may collect information from you, such as your IP address and the particular web pages that you visit on our Site.
Information Pertaining to Children and Minors HWWC does not want to collect Information from minors (children under 13 years of age, or any other age defined under applicable law). If we become aware that a minor is attempting to or has submitted Information via this Site, we will notify the user that we may not accept his or her Information. We will then expunge any personally identifiable information from our records.
Buying Merchandise You can order HWWC merchandise online or by email. If you do, HWWC will collect your product order along with your billing and shipping information. This Information is used to fulfill your order and bill you for your purchase, and also to analyze our product sales so that we can better meet your needs. Except as otherwise indicated in this Privacy Statement, we do not share this Information with third parties. Please be aware that some products are made available by third parties on third party web sites, in which case the section below concerning third party links and web sites will apply.
Navigation Information/Cookies When visiting this Site, your browser sends information to our Site’s hosting server identifying the browser you are using, your Internet Service Provider, the page you last visited, and the page you are currently visiting. HWWC logs this Information and uses it to help diagnose problems with our server, to track user traffic patterns, and to generally administer the Site. We may also track and catalog the search terms that users enter in search forms, but this tracking is not associated with individual users, except as otherwise indicated in this Privacy Statement. We make use of a standard feature of browser software called a “cookie” which helps us recognize you when you visit. We store your email address in a cookie file and place the file on the hard drive of your computer. This lets us identify your computer as a unique user. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you disable cookies, however, you may find the Site, and many other web sites, harder to use. Cookies allow us to streamline your password entry process and customize your Site homepage, and to generally administer the Site. Our cookies cannot read other data off your hard-drive.
Access to Information HWWC and its employees have access to your Information. We use your Information for the purposes described above. Accordingly, HWWC has established policies with respect to its employees designed to keep your Information confidential in accordance with the provisions contained in this Privacy Statement. In addition, to the extent we disclose or otherwise share your Information with third parties as described in this Privacy Statement, we require that these third parties abide by privacy protections similar to those contained in this Privacy Statement. In addition, we engage third-party technical service providers and consultants to work on the Site. For example, they may host our Site, provide customer support, repair our software, or consult on security issues. We allow them access to Information, but only to the extent required by their role. In such instances, we require that these third parties abide by privacy protections similar to those contained in this Privacy Statement.
Information Sharing and Disclosure Other than as specifically described in this Privacy Statement, we only share aggregated Information about our users. For example, we might share Information about the number of people who visit our Site or their demographic information. In addition, we may share aggregated Information with market analysts, advertisers, business partners, sponsors, and any other third parties. Except as we have noted herein, we will not share any personally identifiable Information with any third party without your express consent, unless we have a good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce this Privacy Statement or other Site rules and policies; (d) to respond to claims that you are engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of HWWC and its service providers, provided that nothing in this paragraph shall impose a duty on HWWC to make any such disclosures.
Transfer of Your Information In the event of a merger, acquisition, consolidation, or sale of all or substantially all the assets of HWWC, or in the unlikely event of a bankruptcy, we reserve the right to transfer all or part of our business, including this Site and your Information, to third parties.
3rd Parties/Links This Privacy Statement applies only to the Site. This Site may include links to the web sites of both our affiliated and non-affiliated entities (Other Sites), including access to content, products and services of such affiliated and non-affiliated entities. Whenever you choose to access Other Sites or non-HWWC content via this Site, a separate browser window will launch and you will leave this Site. We urge you to familiarize yourself with the individual privacy and other terms for each linked site prior to submitting your Information.
Supplementing Your Information We may supplement the Information that you provide with information we receive from third parties, for example product manufacturers or service providers. If you have any questions about the privacy policies of other companies or associations, we encourage you to contact them directly. If you believe you did not opt in or have opted-out of certain services and communications from HWWC, and you continue to hear from us (except with respect to our contacting you for reasons necessary for the operation of the Site, which we may continue to do), please contact us immediately and we will help you update your preferences and choices in our database.
Other Important Safety Information You are responsible for maintaining the confidentiality of all passwords issued to you, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you. Please notify HWWC immediately upon becoming aware of any actual or suspected abuse or unauthorized use of the passwords issued to you. We urge you to use only a screen name and/or e-mail address when chatting or sending e-mail. You may wish to delete unknown e-mail attachments before opening them. They can contain destructive viruses. Remember that nothing you write on the Web is completely private – including e-mail. So be careful and think about what you type and whom you tell. Not everyone is as trustworthy and honorable as they may seem.
Security Although we have taken reasonable security precautions, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that Information you supply will not be intercepted while being transmitted to us over the Internet.
Opting In; Reviewing, Correcting or Deleting Information When you provide contact Information to us, you will be given the ability to “opt in” to (1) receiving communications from us and our third party vendors (except for communications necessary for the operation of the Site, which do not require an opt in), (2) having your contact Information disclosed to third parties (except as necessary for us to operate the Site, or as otherwise permitted under this Privacy Statement or required under applicable law, which, in each case, will not require an opt in). If you do not wish to receive such communications or allow such disclosures, do not opt in. You may view, correct and revise your Information by accessing your account information by clicking the “account information” link on the bulletin board. For example, if you have previously opted in and you would like to stop receiving communications from us and our third party vendors, or you would like to revoke any other consent previously granted for a specific purpose concerning your personally identifiable Information, then you can opt out by revising your account information. You may also opt out by calling us at 508-362-6088 or emailing us at [email protected]. In the event you opt-out we may retain your email address and share your email address with our third party marketing partners, for the purpose of honoring your request to opt-out of receiving information from us or our marketing partners on our behalf.
Notice of Changes to the Privacy Statement We may update this Privacy Statement from time to time. We will notify you about significant changes in the way we treat personally identifiable Information by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Site. After the changes take effect, all newly collected and previously collected Information will be subject to the terms of the revised Privacy Statement.
Contacting whales.net If you have any questions or concerns about this Privacy Statement, whales.net, or Hyannis Whale Watcher Cruises, you may contact us at: [email protected].
2. Privacy Statement Any information provided by you or gathered by us or third parties during any visit to the Site is subject to the terms of our Privacy Statement, which is incorporated herein by reference. We encourage you to periodically read our Privacy Statement
3. Product Purchases All online transactions for the purchase of HWWC products through the Site shall be governed by HWWC’s standard Terms of Sale for online Transactions as such Terms of Sale may be amended and in effect at the time of the Transaction, which are incorporated herein by reference. You should carefully review the Terms of Sale to determine whether such terms meet your needs. Users may also use certain portions of the Site to link to our Vendors’ websites in order to purchase products or services directly from such Vendors. If you purchase products or services from a Vendor on the Vendor’s website, the Vendor, and not HWWC, shall be responsible for all aspects of sales fulfillment generated from orders for Vendor’s services and/or products, including, without limitation, processing payments, shipping orders, providing order status information (such as confirmation and shipping status), ordering and stocking inventory, processing exceptions and returns, refunds and credits, and insuring shipments. HWWC shall take no part in, and have no responsibility or liability for, Vendor sales transactions.
4. Registration Certain areas of the Site may require a password, and may require the user to register and provide certain data to HWWC. HWWC may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to HWWC: (a) the information about yourself is true, accurate, current, and complete as required by various HWWC registration forms (“Registration Information”); and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HWWC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HWWC has the right to suspend or terminate your account and refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with HWWC’s Privacy Statement. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.
6. User Conduct You warrant and agree that, in connection with your use of the Site, you will not:
- violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation;
- impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity, or use the Site domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service;
- upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including without limitation any copyright, trademark, patent, industrial design, trade secret, confidentiality, moral rights, rights of privacy or publicity or any other proprietary right (collectively, “Rights”);
- interfere with or disrupt the use of the Site, nor interfere with the use of the Site by any user nor “stalk”, threaten, harvest email addresses or other personal information from, or in any manner harass any other user, or use any Forum Information provided by other users for direct marketing or to transmit unsolicited email;
- upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any “investment opportunities” (except as may be expressly permitted by the use of the Site);
- upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site or that of other computer systems;
- use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
- upload, post, transmit, publish, link to or distribute any material or information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (i) is libelous or defamatory, pornographic, sexually explicit, or unlawful or that encourages any of the foregoing; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or promotes bigotry, racism or harm against any group or individual; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or misappropriation of any third party’s Rights of any kind; (iv) promotes software or services that deliver unsolicited email, including without limitation, bulk email, surveys, contests, “junk mail,” “spam,” or chain letters; (v) disrupts or interferes with the security of, or otherwise abuses, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked programs or services; (vi) is subject to any restriction upon transmission under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement); (vii) violates or encourages others to violate any applicable law, or (viii) contains direct links (by a single click) to web sites that contain information of the kind described in this definition (“Objectionable”); or reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Site (including, but not limited to any materials or information accessible through the Site).
8. General Practices Regarding Use and Storage You acknowledge that HWWC may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Forum Information will be retained by the Site, the maximum disk space that will be allotted on HWWC’s servers on your behalf, and the maximum number of occasions (and the maximum duration for which) you may access the Site in a given period of time. You agree that HWWC has no responsibility or liability for: (i) the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or (ii) HWWC’s election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that HWWC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Unsolicited Idea Submission Policy HWWC and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes when HWWC’s products or marketing strategies might seem similar to ideas submitted to HWWC. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to HWWC or anyone at HWWC. If, despite this request, you still send us your ideas and such materials, please understand that HWWC makes no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand and agree that HWWC is free to use any concepts, know-how or techniques that you submit to HWWC for any purpose.
10. Intellectual Property Rights
- You acknowledge that you will not acquire any rights to any materials or information on the Site by downloading any such information or materials from the Site.
- You shall not directly or indirectly, modify, translate, reverse engineer, or disassemble the Software except to the extent expressly permitted by applicable law and only to the extent that HWWC and its third party licensors are not permitted by such law to exclude or limit such rights. Unless expressly permitted hereunder, you may not directly or indirectly (i) copy the Software; (ii) encumber, transfer, rent, lease, time-share or use the Software in any service bureau arrangement or provide any third parties access to the Software; (iii) distribute, manufacture, translate, localize, port, adapt or create derivative works of the Software; (iv) engage in any Objectionable behavior or use the Software to transmit or store any Objectionable materials; or (v) publish benchmark results relating to the Software, or disclose Software features, errors or bugs to third parties.
- Any Software which is downloaded from the Site by or on behalf of the United States Government, its agencies and/or instrumentalities (the “Government”), is provided with Restricted Rights, as defined in FAR 52.227.19 (if for civilian agency use), and as defined in DFAR 227.7202 (if for Department of Defense use). The Government agrees that such Software is “commercial computer software” and use, duplication, or disclosure by the Government constitutes acknowledgment of HWWC’s and its third party licensors’ proprietary rights, and is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227.7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227.19, as applicable. Manufacturer is HWWC.
- You may not access, download, use export, or re-export any portion of the Site, Software, Content (as defined below in Section 11), products, or services provided through the Site in violation of any export or other applicable laws, restrictions, and/or regulations of any United States or foreign agency or authority. You agree to affirmatively comply with all such laws, restrictions, and/or regulations. As between you and HWWC, HWWC owns all right, title and interest in and to (a) the HWWC Site, and the underlying methodology and the copyrightable structure of the organization and presentation of the Site, including the Content and the Software; (b) Registration Information as described in this Agreement (subject to our Privacy Statement); and (c) all HWWC trademarks and other intellectual property incorporated therein. HWWC, the HWWC logo and other marks are owned by HWWC. All other marks and written material that appear throughout the HWWC Site belong to HWWC or the respective owners of such marks and content, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks or content appearing throughout Site without the express written consent of HWWC or the owner of the mark or content, as appropriate, is strictly prohibited.
12. You may without our permission:
1. Download, view, copy, retransmit and print Content, but only if:
- the Content is used solely for personal, informational, or internal business purposes;
- the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
- all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
- the Content is not modified or altered in any way; and
- no graphics are used separately from accompanying text.
2. Link or hyper-link to the Site from any Qualified Site, but only if:
- you notify us by email specifying the URL of each page from which you will be linking to our Site;
- you do not frame the Site or any portion of the Site;
- the link or hyper-link to the Site is not used in a way that suggests that HWWC endorses you or your website;
- the link is identified using a plain text rendering of the HWWC name and not any trademark or HWWC logo.
- the link or hyper-link to the Site is not used or presented in any way that disparages HWWC or tarnishes, blurs, or dilutes the quality of HWWC’s names or trademarks or any associated goodwill;
- the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
- you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
3. “Qualified Site” means a website that displays no Objectionable content, is not owned or controlled by a competitor to HWWC and the content of which is not competitive to the Site.
13. Third Party Issues The Site offers information on and displays advertisements for products or services sold by persons not affiliated with us (each such person, a “Vendor”). We present these features to you for your information only. We do not endorse these products and services. We make no representations or warranties regarding any such Vendor product or service, whether presented on the Site or in a separate email from us or any third party to you. All matters concerning any Vendor product or service are solely between you and such Vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH MATTER. We may provide links to websites, content and resources of third parties which are beyond our control. For example, if you want to purchase a product listed on the Site that is manufactured and/or sold by a Vendor, you will be linked to the Vendor’s website. We are not responsible for the content on the Internet or a world wide web page that is contained outside our Site. When you leave the Site and enter a Vendor or other third party website, or any other website, your rights and obligations will be governed by the agreements and policies of that website. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES OR THIRD PARTIES.
14. General Disclaimer of Warranties While we take great care in the Content we provide on our Site, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Site HWWC, its affiliates, consultants, associates, and other users may also provide advice as part of the Content on the Site (“Advice”). You agree that such Advice is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any Advice, including any reliance on the accuracy, completeness, or usefulness of such information or content. In this regard, you acknowledge that you may not rely on any Advice. You agree, in connection with any use of the Site: to release HWWC and its officers, employees, directors, shareholders, and agents, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with use of the Advice by or on behalf of you (including without limitation disputes of any kind with any parties dispensing Advice through the Site). IF YOU INTEND TO USE ANY ADVICE OR INFORMATION OR TO PURCHASE ANY GOODS OR SERVICES ACCESSED THROUGH THE SITE, YOU SHOULD CAREFULLY READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ADVICE IS SUBJECT TO ALL OF TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH BELOW. USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, NON-INTERFERENCE WITH ENJOYMENT, ACCURACY, INTEGRATION AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES HAVE BEEN MADE TO YOU BY OR ON BEHALF OF HWWC OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. WARNING: YOU EXPRESSLY AGREE TO HOLD US HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SITE OR CONTENT. No advice or information, whether oral or written, obtained by you from us or through the Site or Content, or HWWC or its employees, consultants and/or experts shall create any warranty not expressly made herein.
17. Marks Certain product, service, or company designations for companies other than HWWC may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where HWWC is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
18. Copyright We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows: Hyannis Whale Watcher Cruises, Attn: Jack Hill, 269 Millway, Barnstable, MA 02630 USA, tel. 508-362-7919, fax 508-362-9739, https://www.whales.net, [email protected].
Terms of Sale
Thanks for visiting the Hyannis Whale Watcher Cruises gift shop online store. If you have questions regarding your order or placing an order the easiest way to contact us is via email at [email protected]. We can also be reached at: Hyannis Whale Watcher Cruises, P.O. 254, Barnstable, MA 02630. Shipping generally takes less than three weeks. Your credit card will not be charged until the product has been shipped. For orders to be delivered in Massachusetts, sales tax will be added. Whales.net provides a 30-day warranty that all products purchased will be free from defects in material and workmanship. Authorization to return products purchased from whales.net under the limited warranty must be obtained from whales.net prior to any such return. To obtain such authorization, please contact HWWC at whales.net. In HWWC’s sole discretion, exchange credit may be granted with respect to returned products, depending on the reason for the return and the condition of the product. Any returned products must be shipped to HWWC, freight prepaid, at your risk. We recommend that you use a carrier that will track your shipment and insure your product’s safe delivery. Whales.net cannot accept any returns sent C.O.D. Shipping and handling charges are non refundable. This warranty applies only to products offered on the whales.net online gift shop. Please refer to our Terms of Sale for additional terms and conditions that apply to your purchase of products from us. Hyannis Whale Watcher Cruises, P.O. 254, Barnstable, MA 02630.
2. MODIFICATIONS TO E-STORE SERVICE HWWC reserves the right to modify or discontinue all or part of the eStore Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the eStore Service. You acknowledge and agree that HWWC shall not be liable to you or any third party in the event that HWWC exercises its right to modify or discontinue all or part of the eStore Service.
3. ORDER ACCEPTANCE You may place orders for products and services via the eStore Service. Your receipt of an electronic or other form of order confirmation does not constitute HWWC’s acceptance of your order, nor does it constitute confirmation of HWWC’s offer to sell you the particular product or service. HWWC reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until HWWC has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of any products, you should not rely on such information. HWWC will not be liable for any lack of availability of products you may order. If your purchase order or any other communication with HWWC contains provisions inconsistent with the Terms, the Terms shall prevail. If you would like a receipt for any product or service ordered through the eStore Service, you must: (1) send an e-mail to [email protected]; (2) enter your e-mail address and the date of purchase; and (3) you will receive an e-mail from HWWC with your receipt.
4. SECURITY The purchase area of the eStore Service is designed to be secure. However, if you experience fraudulent use of your credit card as a result of shopping with HWWC, notify HWWC and your credit card company in accordance with its reporting rules and procedures.
5. PRICES Unless otherwise expressly indicated in writing by HWWC, prices for all products are as noted on HWWC’s Site as in effect on date your order is placed. All prices are based on quantity indicated and, unless otherwise indicated on HWWC’s acknowledgment and/or invoice, are F.O.B. the location of HWWC’s facility from which products are shipped. Unless otherwise indicated on HWWC’s acknowledgment and/or invoice, Buyer shall pay, and be exclusively liable for, all costs of shipping, delivery, insurance and the like after HWWC has effected delivery of the products to the U.S. postal service and/or carrier. All prices are in United States dollars.
6. TAXES Prices do not include any tax or other governmental charge or assessment on the sale, shipment, production or use of any products sold to Buyer hereunder. Such taxes and charges, when applicable, may appear as separate additional charges on HWWC’s acknowledgment and/or invoice. Buyer shall be solely responsible for, and shall pay to HWWC upon demand, any such tax, charge or assessment, unless Buyer has furnished to HWWC an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
7. DELIVERY HWWC shall make every reasonable effort to effect shipment on or before the scheduled shipping date(s) reflected on HWWC’s acknowledgment and/or invoice, but such schedule may vary due to, among other things, conditions beyond HWWC’s reasonable control, including, but not limited to HWWC’s receipt of all materials and information to be supplied by Buyer. If no shipping date is specified, shipment will be made on date(s) selected by HWWC. In no event shall HWWC be liable for any damages or penalties for delay in delivery or for failure to give notice of delay.
8. PACKING AND SHIPMENT Unless preferred packing method is noted on HWWC’s acknowledgment and/or invoice, all items will be packed for shipment in accordance with HWWC’s standard practices. Unless otherwise specified on HWWC’s acknowledgment and/or invoice, HWWC will ship by the most appropriate method, but by doing so does not assume any liability in connection with the shipment. Any and all claims by Buyer for damage or loss of products in transit shall be made by Buyer against the carrier.
10. RISK OF LOSS Delivery of all products sold by HWWC to Buyer hereunder is F.O.B. HWWC’s facility from which such products are shipped. All risk of loss of or damage to such products shall be assumed by Buyer upon HWWC’s delivery of such products to the U.S. postal service or other carrier for shipment to Buyer.
11. INSPECTION BY BUYER Buyer shall carefully inspect all deliveries of products as they are received by Buyer and report to HWWC promptly (but in any event within thirty (30) calendar days after receipt of shipment) any alleged error, shortage, defect or nonconformity of such products. Any failure by Buyer to so inspect and report shall constitute a waiver by Buyer of any claim or right of Buyer against HWWC arising with respect to any such error, shortage, defect or nonconformity which was reasonably discoverable by such an inspection.
12. CANCELLATION Buyer may cancel any product order prior to shipment. After shipment, products may only be returned in accordance with Section 15.
13. LIMITED WARRANTY It is the sole and exclusive responsibility of Buyer to determine the suitability of any and all HWWC Products for Buyer’s intended purposes and uses. HWWC warrants that the HWWC Products sold hereunder will be free from defects in material and workmanship for a period of thirty (30) days from the date of original purchase. If you discover a defect covered by this warranty, we will repair or replace the HWWC Product at our option, provided that HWWC shall not have any liability whatsoever for any damage to or defect in HWWC Products resulting directly or indirectly from events occurring after the delivery of such products to the U.S. postal services and/or carrier by HWWC. This limited warranty does not cover damage caused by abuse, misuse, accident, modification or repair by any person other than HWWC, moisture, extreme heat or cold, or corrosive environments. The limited warranty does not cover normal wear and tear on consumable items or any HWWC Product with an altered or defaced serial number.Third Party Products: All third party products listed in the eStore Service other than the HWWC Products are subject to the terms and conditions of the agreement between you and the third party selling such products (if any), and any other third party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to such third party products shall be provided for by the third party. THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY HWWC WITH RESPECT TO HWWC PRODUCTS. ANY IMPLIED WARRANTY ARISING UNDER APPLICABLE LAW IN CONNECTION WITH THE SALE OR USE OF HWWC PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, IS LIMITED IN DURATION TO THE 30 DAY TERM OF THE EXPRESS LIMITED WARRANTY ABOVE. NO REPRESENTATIVE OF HWWC IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS OF SALE SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF HWWC WHICH MAKES SPECIFIC REFERENCE TO THESE TERMS OF SALE.
14. LIMITATION ON HWWC’S LIABILITY HWWC’S LIABILITY IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE HWWC PRODUCTS OR COMPONENTS. THIS LIMITED WARRANTY SHALL NOT IN ANY EVENT BE DEEMED TO INCLUDE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY OF HWWC FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH HWWC PRODUCTS, OR THEIR SALE OR USE, INCLUDING BUT NOT LIMITED TO, DAMAGE TO OR LOSS OF ANY PROPERTY, INJURY TO PERSON, LOSS OF USE OF THE PRODUCT, OR INCONVENIENCE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
15. RETURNS Authorization to return products purchased from HWWC under the limited warranty must be obtained from HWWC prior to any such return. To obtain such authorization, please contact HWWC at [email protected]. In HWWC’s sole discretion, credit may be granted with respect to returned products, depending on the reason for the return and the condition of the product. Any returned products must be shipped to HWWC, freight prepaid, at Buyer’s risk. We recommend that you use a carrier that will track your shipment and insure your product’s safe delivery. HWWC cannot accept any returns sent C.O.D. Shipping and handling charges incurred in connection with returns are your responsibility and will not be reimbursed.
16. INDEMNIFICATION Buyer agrees to indemnify, hold harmless and defend HWWC (and its employees, consultants, advisors, experts, officers, directors, parents, subsidiaries, affiliates, successors, assigns and agents) from and against any and all claims, demands, judgments, liabilities, damages, losses, expenses and costs (including, but not limited to, court costs and attorneys’ fees) incurred or suffered by HWWC, which relate to or arise out of (a) Buyer’s use, handling, sale or distribution of the HWWC Products sold hereunder; or (b) Buyer’s breach of any representation, warranty or obligation hereunder.
17. TERMINATION & EFFECT (A.) Termination. Either you or HWWC may terminate access to the eStore Service with or without cause at any time and effective immediately. HWWC shall not be liable to you or any third party for termination of the eStore Service. If you object to any provision of the Terms of Sale or any subsequent modifications thereto or become dissatisfied with the eStore Service in any way, your only recourse is to terminate your use of the eStore Service. Upon any termination of the eStore Service, you acknowledge and agree that HWWC may immediately delete the files in your account and bar any further access to such files or the eStore Service. (B.) Your Obligations Upon Termination. You agree that upon termination of these Terms of Sale, You will: (1) pay any and all outstanding fees and payments due to HWWC in full within thirty (30) days after termination; and (2) perform your obligations under all outstanding purchases.
18. ACKNOWLEDGMENT You acknowledge that (a) you have read and understood the Terms of Sale; and (b) that these Terms of Sale have the same force and effect as a signed agreement.