Welcome to Northwest Catch, a division of Fisherman Direct Seafood LLC. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between you and Northwest Catch. ("Northwest Catch") that states the terms and conditions under which you may use the Site and receive the Northwest Catch service, which includes processing and delivery of product orders (the "Northwest Catch Service"). Your use of the Northwest Catch Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Northwest Catch Service.

If you have any questions about this Agreement or the Site please contact our Customer Service team at 1-877-347-4744.   

Northwest Catch Satisfaction Guaranty
All of our products and services are backed by a 100% customer satisfaction guaranty. If you are dissatisfied for any reason, please call us at 1-877-347-4744 or contact us via e-mail at service@northwestcatch.com or log on and contact us via our Customer Inquiry e-mail. You have up to seven days after delivery, or until the expiration date printed on the product - whichever is earlier, to return grocery or perishable products and 21 days for frozen products. We will decide whether to replace the product with an acceptable product or give you 100% of your money back for the item with which you are dissatisfied. Northwest Catch may require the return of the product with which you are dissatisfied before substitution of an acceptable item or the return of your money.  

Northwest Catch Service 
Ordering through the Site. Orders must be received before posted cutoff times for second day/next day/Saturday delivery (See Delivery of Products below for details). Available delivery windows and associated delivery charges will be shown as you proceed through the ordering process. You can place your order anytime, up to one week before your delivery date by calling 1-877-347-4744. You may cancel your order by calling the Customer Service Department at 1-877-347-4744 Monday through Saturday from 8 a.m. to 2 p.m. However, modified orders are subject to price changes and a change of a delivery date may not guaranty the availability of your desired items. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (A) 100% of the total dollar amount of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (B) 25% of the total dollar amount of your nonperishable items.

Price and Availability. At Northwest Catch we believe in offering our customers the best product at the best price. We receive fresh products every day to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your credit card will not be charged.

    Because we custom-cut, -select, and -order your perishables, the per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of delivery -- you always pay the true price for the actual weight of your products.  

Delivery of Products. Northwest Catch uses refrigerated and freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We guaranty your products (with the exception of frozen items) will remain fresh in the delivery box at room temperature (78 degrees) for two (2) hours from the time of delivery. Frozen items must immediately be placed in a freezer.

    To receive delivery, you must be available to accept any shipment at the time of delivery. An alternate receiver can accept your goods when you are not present at the place you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you nor your alternate receiver is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a fee equal to the sum of (A) 100% of the total dollar amount of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (B) 25% of the total dollar amount of your nonperishable items.

    In an effort to meet the committed delivery time for all of our customers, our shipper cannot wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call our Customer Service department at 1-877-347-4744 or log on and contact us via our Customer Inquiry e-mail form.  

Payment. Your credit/debit card will be charged for your order on the day your order is shipped. Since certain perishables are priced by weight and the actual price is not known until we have prepared and weighed your order, we request credit card authorization for up to 125% of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your order. In addition, we will authorize an amount equal to 100% of the total of the non-perishable items in your order. Northwest Catch will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Northwest Catch reserves the right to collect funds for any uncollected transactions owed to it. Northwest Catch may charge a nominal fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. Northwest Catch does not accept checks, food stamps, or coupons at this time. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected) or if a redelivery fee or restocking fee is imposed, Northwest Catch may charge such amount directly to the credit card identified in your Customer Account Information and Northwest Catch may suspend or terminate your access to the Northwest Catch Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Northwest Catch may incur in its efforts to collect any unpaid balances from you. Your right to use the Northwest Catch Service is subject to limits established by Northwest Catch and/or by your credit card issuer.   

Third-Party Information Providers and Merchants. In the future, the Northwest Catch Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by Northwest Catch. In such instances, Northwest Catch acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Northwest Catch makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Northwest Catch makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.  

License and Proprietary Rights 
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Northwest Catch. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Fresh Direct for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Northwest Catch is strictly prohibited. You acknowledge that Northwest Catch and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Northwest Catch reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Northwest Catch.

Trademarks. "Northwest Catch," all Northwest Catch logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Northwest Catch or otherwise proprietary to Northwest Catch and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Northwest Catch Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Northwest Catch Service.  

Access to the Northwest Catch Service 
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Northwest Catch Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Northwest Catch Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

    You acknowledge that from time to time the Northwest Catch Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Northwest Catch may undertake from time to time; or (iii) causes beyond the control of Northwest Catch or which are not reasonably foreseeable by Northwest Catch.  

Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Northwest Catch Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Northwest Catch, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. Northwest Catch's secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Northwest Catch will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Northwest Catch Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using Microsoft's Internet Explorer or Netscape Navigator.

Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to service@northwest catch.com.  

Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Northwest Catch Site and use of the Northwest Catch Service, to understand our practices.  

Acceptable Use Policy 
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Northwest Catch Service, which includes, without limitation, use of the Northwest Catch Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Northwest Catch Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Northwest Catch to be in conflict with the spirit or intent of this Agreement.  

Warranty Disclaimer; Limitation of Liability; Indemnification  
YOU EXPRESSLY AGREE THAT USE OF THE NORTHWEST CATCH SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE NORTHWEST CATCH SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NORTHWEST CATCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NORTHWEST CATCH SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE NORTHWEST CATCH SERVICE; NORTHWEST CATCH DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. NORTHWEST CATCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE NORTHWEST CATCH SERVICES. NORTHWEST CATCH DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.   

NEITHER NORTHWEST CATCH NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "NORTHWEST CATCH PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE NORTHWEST CATCH SERVICE, OR THE INTERNET. NORTHWEST CATCH'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE NORTHWEST CATCH SERVICE AND TO TERMINATE THIS AGREEMENT. NORTHWEST CATCH RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    The material in the Site is provided for lawful purposes only. Northwest Catch controls and operates this Site from its headquarters in Anacortes, WA, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

    You agree to defend, indemnify, and hold Northwest Catch Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.  

Miscellaneous  
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Northwest Catch may suspend or terminate this Agreement or the Northwest Catch Service or remove or disable access to any portion of the Northwest Catch Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Northwest Catch Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Northwest Catch reserves the right to collect fees and charges incurred before you cancel your Northwest Catch Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.  

Notices. Northwest Catch may give notice to you of a change in this Agreement, a change in the Northwest Catch Fee Schedule, and any other matter through a general posting on the Northwest Catch Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Northwest Catch by telephone at 1-877-347-4744, by electronic mail (as specified in the "Help" section of the Northwest Catch Web site), or by conventional mail to:

Northwest Catch
Fisherman Direct Seafood LLC.
4601 Blakeley Drive
Anacortes, WA 98221Attention: CUSTOMER CARE
  
Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with Northwest Catch regarding the use of the Northwest Catch Service and the Northwest Catch Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Northwest Catch, and Northwest Catch Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Northwest Catch or relating in any way to your use of the Northwest Catch Service or the Northwest Catch Site resides in the federal and state courts of Washington and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Washington in connection with any such dispute, including any claim involving Northwest Catch Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.  

Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Northwest Catch Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Northwest Catch Service.  

Amendment. Northwest Catch may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on November 11, 2004.