These Website Standard Terms and Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this Website, including all pages within this website (collectively hereinafter “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms contained herein in full. You must not use this Website, if you have any objection to any of these Terms.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights.
This Website is owned and operated by Hogfish Harry's. Hogfish Harry's and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You acknowledge and agree that all content on this Website is the intellectual property of HOGFISH HARRY'S and you are expressly and emphatically restricted from all of the following:
• publishing any Website material in any media;
• selling, sublicensing, and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is, or may be, damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;
• using this Website to engage in any advertising or marketing;
HOGFISH HARRY'S reserves the right to restrict, block, or terminate your access to all or part of this Website at any time without notice.
Your use of this Website is at your own risk. You acknowledge that this Website is provided “as is”. HOGFISH HARRY'S expressly disclaims all warranties of any kind, whether express or implied, related to use of this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability.
In no event shall HOGFISH HARRY'S, its parent company, affiliated entities, officers, directors, agents, insurers, and employees, be liable to you for any direct, indirect, incidental, special, or exemplary damages arising out of or in any way connected with your use of or inability to use this Website, whether such liability is under contract, tort, or otherwise.
You hereby agree to defend and indemnify to the fullest extent HOGFISH HARRY'S its parent company, affiliated entities, officers, directors, agents, insurers, and employees from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to your use of this Website or your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms.
HOGFISH HARRY'S is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between HOGFISH HARRY'S and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Naples, New York for the resolution of any disputes.