Aquanate Fish Farm Management

Aquanate LLC ("Aquanate") is an application service provider that offers an integrated farm management application (“Application”) and information technology services for the aquaculture industry. The Application is owned and managed by Aquanate and its affiliates. Please read the User Terms and Privacy Policy (and the Aquanate Application Services Agreement, if any) (collectively the “Agreement”) carefully before using the Application. By using this Application you consent to all the terms and conditions of the Agreement and to any other laws that apply to the use of the Application.

Any company or person registered in the Application, whether for a fee or not, is deemed a user for purposes herein (“User”). There are different types of Users including companies that produce seafood, companies that breed seafood, and companies that breed aquatic animal life for conservation or research purposes. Aquanate shall have the right to establish and maintain communication with any User of the Application. Depending on each User’s agreement with Aquanate, each User may receive different levels of service and Application functionality and may pay different subscription/service fees accordingly. All Users are expected to conduct their business on the Application according to ethical, responsible and commonly accepted business practices. Users shall not provide misleading or false information or act in an unethical, illegal or fraudulent manner in any way.

Aquanate reserves the right to refuse service or access to the Application to any User or anyone at any time and to terminate the account of any User that does not conform to these standards. Aquanate does not involve itself in the business of breeding and raising seafood, but simply provides a neutral mechanism to enable Users of the Application to do so themselves. In no way does Aquanate recommend or endorse any Users or products on the Application, or involve itself with establishing or confirming prices, quality, contract terms, or warranties of any products or services on the Application.

The services and Application provided by Aquanate may only be used for lawful purposes. Any use, which violates any applicable local, state, federal, or international laws, is strictly prohibited. While using the Application, Users shall not: post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for any purpose (except as expressly permitted by the provider of such information, software, or other material).

Aquanate understands how important it is to protect the privacy of all information entered or generated by Users of the site. All communication between Users and Aquanate will be kept confidential and shall not be shared with any third parties. Aquanate does not rent, sell, or disclose confidential information about Users to any third parties. It is possible that depending on the country or jurisdiction, regulatory authorities or government agencies may compel Aquanate or its affiliates to release information that it normally does not disclose in order to comply with the law.

The Application is located at a mission critical communications facility. This facility is near a major communication hub that has high quality bandwidth and offers a fully redundant network along with UPS power and temperature controlled rooms. The facility has a highly secure perimeter including security guards, security cameras along with multiple check points requiring Key cards throughout the building. The system is monitored 24/7 by personnel at the facility and in case of failure Aquanate’s IT staff is notified to facilitate optimal response. Numerous levels of security have been implemented to help ensure Aquanate servers and User data are protected from unauthorized users, hackers, malicious attacks, and many types of viruses. A few of these security measures include: Software and Hardware Firewalls; Secure Sockets Layer (highest encryption for transmitting data via the Internet); and Username and Password Encryption. Multiple backup methods are in place in case of server failure along with backup copies stored off-site.

If at any time User breaches any part of the Agreement, User will be responsible for and will pay any and all of Aquanate’s reasonable collections, attorney and court fees and costs incurred by Aquanate in enforcing the Agreement or any provision thereof, whether in pretrial, trial, arbitration, appeal, in any action to enforce a judgment, or in any proceeding including bankruptcy.

The Application may contain inaccuracies or typographical errors and it is understood that Users use the Application at their own risk. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, EVERYTHING IN THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Aquanate does not warrant, guarantee, or make any representations regarding the use of the Application or services in terms of their correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the Application and services is assumed by User. There is no guarantee that the functions contained in the Application will meet User requirements, or that the operation of the Application will be uninterrupted or error-free, or that defects in the Application will be corrected. Aquanate does not warrant that the Application will work correctly in User multi-user or network environment. The limited warranty set forth herein may not be extended, enlarged or otherwise modified by any distributor, agent or employee of Aquanate. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply.

In no event will Aquanate or its affiliated companies be liable for any indirect, consequential, special, incidental or punitive damages arising out of access to, or use of, this Application or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if they have been advised of the possibility of such damages. In no event will Aquanate’s total liability to a User for damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence), or otherwise, exceed the amount paid by the User for using the Application.

Information generated in the Application may be aggregated and analyzed to help manage the Application and help improve the services being offered. Any aggregation or analysis of User information will be done in such a way as to not reveal or identify any specific User. Aquanate recognizes that its continued success is dependent on maintaining the strict privacy of its Users.

The User Terms and Privacy Policy, programs and services of Aquanate along with information on the Application may be improved, updated, or changed at any time without notice. Such changes will be effective immediately on the posting of such changes to the Application. Users of the Application will be responsible for periodically reviewing the site to review any new features and conditions. In order to maintain the Application and make changes and improvements, Aquanate technical employees shall have access to all parts of the Application including databases at all times. Aquanate extends across national borders in multiple languages so some features or content might not be available in all languages or countries. The Application is created and controlled by Aquanate in the State of Washington, USA.

All of the content featured or displayed on the Application with the exception of User logos is owned or licensed by Aquanate and other intellectual property rights protect other elements of the Application. All trademarks, service marks, and trade names of Aquanate are trademarks of Aquanate or its affiliates. Except as permitted by Aquanate or as authorized by intellectual property laws, Users are responsible for obtaining permission before reusing any material on the Application that is protected by intellectual property laws. Users also may not remove any copyright, trademark or other proprietary notices from material found on this Application.

Aquanate shall not be in default for any failure arising, directly or indirectly, out of causes reasonably beyond the direct control of Aquanate, including, but not limited to subcontractors or suppliers, acts of God or of the public enemy including terrorists, riots, labor disputes, shortages of materials, utility or communication failures, hardware problems, regulations or orders, fire, flood, earthquake, lightning, epidemic, strikes, and/or embargoes, or temporary availability of qualified personnel at Aquanate’s office due to service calls or the like.

Any notice or demand that either party may or must give to the other hereunder shall be in writing and delivered by registered mail, facsimile or email addressed to the party to whom it is to be sent at the address designated by such party. Either party may, by notice in writing, direct that future notices or demands be sent to a different address.

This Agreement will be interpreted, construed and enforced in accordance with the laws of the State of Washington without regard to its conflicts of law rules. The parties hereby irrevocably consent to exclusive personal jurisdiction and venue in the state and federal courts located in King County, Washington, with respect to any actions, claims or proceedings arising out of or in connection with this Agreement.

The Agreement sets forth the entire agreement, and supersedes any and all prior agreements, between the parties with respect to the subject matter hereof.

Aquanate LLC is an application service provider that offers an integrated sales management application ("Application") and information technology services for selling seafood over the Internet. The Application is owned, and managed by Aquanate LLC and its affiliates. Please read the User Terms and Privacy Policy carefully before using the Application. By using this Application you consent to these terms and conditions and to any other laws that apply to the use of the Application.

There are different types of registered users ("Users") that will use the Aquanate Application including companies that produce seafood, companies that breed seafood, and companies that breed aquatic animal life for conservation or research purposes. Depending on each User's agreement with Aquanate LLC, the different Users may receive different levels of service and functionality of the Application and will pay different subscription/service fees accordingly. All Users are expected to conduct their business on the Application according to ethical, responsible and commonly accepted business practices. Users shall not provide misleading or false information or act in an unethical or fraudulent manner in any way. Aquanate LLC reserves the right to refuse service or access to the Application to any user or anyone at any time and to terminate the account of any registered User that does not conform to these standards. Aquanate does not involve itself in the business of breeding and raising seafood, but simply provides a neutral mechanism to enable Users of the Application to do so themselves. In no way does Aquanate recommend or endorse any Users or products on the Application, or involve itself with establishing or confirming prices, quality, contract terms, or warranties of any products or services on the Application.

The services and Application provided by Aquanate LLC may only be used for lawful purposes. Any use, which violates any local, state, federal, or international laws, which may apply to the Applications user's local jurisdiction, or any jurisdiction that User or the Application may be subject to, is strictly prohibited. While using the Application from Aquanate LLC, User may not: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).

Aquanate LLC understands how important it is to protect the privacy of all information generated by the registered Users of the site. All communication between Users and Aquanate will be kept confidential and shall not be shared with any third parties. Aquanate LLC does not rent, sell, or disclose confidential information about Users to any third parties. It is possible that depending on the country or jurisdiction, regulatory authorities or government agencies may compel Aquanate LLC or its affiliates to release information that it normally does not disclose in order to comply with the law. Aquanate LLC shall have the right to establish and maintain communication with any registered User of the Application. Information generated in Aquanate may be aggregated and analyzed to help manage the Application and help improve the services being offered. Any aggregation or analysis of User information will be done in such a way as to not reveal or identify any specific member. Aquanate LLC recognizes that it's continued success is dependent on maintaining the strict privacy of its registered Users.

The Application may contain inaccuracies or typographical errors and it is understood that Users use the Application at their own risk. Except as otherwise provided in the User Terms and Privacy Policy, everything on this Application is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will Aquanate LLC or its affiliated companies be liable for any indirect, consequential, special, incidental or punitive damages arising out of access to, or use of, this Application or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if they have been advised of the possibility of such damages. In no event will Aquanate LLC's total liability to a User for damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence), or otherwise, exceed the amount paid by the User for using the Application.

User agrees to supply appropriate payment for the services received from Aquanate LLC, in advance of the time period during which such services and use of Application are provided. User agrees that all setup fees are non-refundable once setup is completed. Aquanate LLC agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of service termination. If at any time User breaches any part of the service contract, User will be responsible for and will pay any and all of Aquanate LLC's reasonable collections, attorney and court fees and costs incurred by Aquanate LLC in enforcing the service agreement or any provision thereof.

The User Terms and Privacy Policy, programs and services of Aquanate along with information on the Application may be improved, updated, or changed at any time without notice. Such changes will be effective immediately on the posting of such changes to the Application. Users of the Application will be responsible for periodically reviewing the site to review any new features and conditions. In order to maintain the Application and make changes and improvements, Aquanate technical employees shall have access to all parts of the Application including databases at all times. Aquanate extends across national borders in multiple languages so some features or content might not be available in all languages or countries. This Application is created and controlled by Aquanate LLC in the State of Washington, USA. The laws of the State of Washington govern these User Terms and Privacy Policy.

All of the content featured or displayed on the Application with the exception of member logos is owned or licensed by Aquanate LLC and other intellectual property rights protect other elements of the Application. All trademarks, service marks, and trade names of Aquanate are trademarks of Aquanate LLC or its affiliates. Except as permitted by Aquanate LLC or as authorized by intellectual property laws, Users are responsible for obtaining permission before reusing any material on the Application that is protected by intellectual property laws. Users also may not remove any copyright trademark or other proprietary notices from material found on this Application.