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Terms of Use

These Terms of Use govern your access to and use of the websites and applications of the Global Seafood Alliance (also d/b/a Best Aquaculture Practices (“BAP”) and Best Seafood Practices (“BSP”), and collectively referred to herein as “GSA”, “we,” “us,” and “our”), including without limitation www.globalseafood.org, www.bapcertification.org, www.bspcertification.org, and GSA’s member portal (“Prism”) accessed at prism.globalseafood.org and GSA’s legacy member portal accessed at www.certificationportal.org (we refer to all of the foregoing collectively as the “Platform”). Please carefully review these Terms of Use in their entirety. If you do not agree with these Terms of Use, you are not permitted to access or use our Platform.

IMPORTANT: PLEASE REVIEW SECTION 1 BELOW (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH GSA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By clicking the “I Agree” button when registering an account to access the GSA Portal (a “GSA Account”), or by otherwise accessing or using the Platform, you acknowledge that you accept and agree to comply with these Terms of Use. To the extent you are accessing or using the Platform (including by registering a GSA Account) on behalf of an entity, such as in your capacity as an owner, employee, agent or representative of (1) an entity seeking or maintaining certification of one or more facilities or vessels, (2) an entity seeking or maintaining GSA Marketplace Partner status, (3) a Certification Body, or (4) an entity seeking or maintaining GSA membership, you represent that you have the authority to bind that entity (or those entities) to these Terms of Use. If you (or any entity on whose behalf you are acting) do not agree to be bound by these Terms of Use, do not access or use the Platform, or attempt to submit any GSA Account registration information to our Platform.

These Terms of Use constitute (1) a binding agreement between you individually and GSA, and, to the extent applicable, (2) a binding agreement between the entity or entities you represent and GSA. References to “you” and “your” herein refer to you individually and, to the extent applicable, the entity or entities you represent.

For greater clarity, these Terms of Use, which govern your use of the GSA Platform, are not intended to, and do not, modify or supersede the terms of any other agreement between you and GSA that govern other aspects of your relationship with GSA, including, for example, a Certification Agreement or an Auditing and Certification Services Agreement.

We may update these Terms of Use from time to time in our sole discretion. In the event of a material revision to these Terms of Use, we will provide you advance notice of such revision (which may be an electronic notification within the Platform or via email sent to the last known email address you have provided to GSA), and request your agreement to the revised Terms of Use. If you do not agree to the revised Terms, your right to access or use the Platform is terminated and you must immediately discontinue your access to and use of our Platform.

  1. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER.

BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST GSA ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST GSA, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST GSA BY SOMEONE ELSE.

INITIAL DISPUTE RESOLUTION AND NOTIFICATION. You and GSA agree that, prior to initiating an arbitration or other legal proceeding, you and GSA will attempt to negotiate an informal resolution of the Dispute (as defined below). To begin this process, and before initiating any arbitration or legal proceeding against GSA, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of the Chief Financial Officer at the postal address set out in Section 15(g) below. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to GSA must contain all of the following information: (1) your full name, address, and relationship to GSA; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing GSA to disclose information about you to your attorney.

After receipt of your Notice, you and GSA shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor GSA may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, either party may initiate an individual arbitration as provided below, except for Disputes that (i) may be brought in an individual action in small claims court, (ii) relate to the ownership or enforcement of intellectual property rights. In addition, you and GSA each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Arbitration Agreement shall continue to apply.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and GSA concerning the Platform or these Terms of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and GSA empower the Arbitrator with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms of Use or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of the Terms of Use are void or voidable.

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS OF USE, YOU AND GSA EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND GSA AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and GSA acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to a Dispute. Neither you nor GSA may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and GSA from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.

a) Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or the AAA’s Commercial Arbitration Rules (as applicable, “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding any choice of law or other provision in the Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New Hampshire. Notwithstanding the foregoing, if an applicable law expressly requires an issue to be resolved under laws of a specific state, then such state’s law shall apply.

b) Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New Hampshire and will be selected by the parties from the AAA’s roster of consumer or commercial dispute arbitrators (as applicable). If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

c) Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GSA submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Rockingham County, New Hampshire or in another jurisdiction to which you and GSA agree in writing; provided, however, that if circumstances prevent you, as a consumer, from traveling to New Hampshire, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

d) Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

e) Venue. You and GSA agree to submit to the exclusive jurisdiction of the federal or state courts located in Rockingham County, New Hampshire in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

f) Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

g) Severability. If any part of this Arbitration Agreement (i.e., Section 1), other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.

  1. Use and Access to the Platform

Subject to and conditional upon your compliance with these Terms of Use, GSA grants to you a limited, non-exclusive, non-transferable, right to access and use our Platform, including certain functionalities we may make available to you from time to time via the Platform. We reserve the right to withdraw or amend the Platform, and any functionality, service, or material we provide on the Platform, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

  1. Additional GSA Prism and Portal Terms

This section 3 contains additional terms applicable to users of the GSA Portal.

a) Registration of an Account. You may be permitted or required to register and create a GSA Account in order to access certain information or services provided by GSA on the GSA Portal or to participate in certain GSA programs, including our BAP and BSP certification programs, Marketplace Partner program, and our GSA membership program (e.g., facilities, vessels, certification bodies). You are solely responsible for maintaining the confidentiality and security of your GSA Account and for all activities that occur on or through your GSA Account, and you agree to immediately notify GSA of any security breach of your GSA Account. GSA shall not be responsible for any losses arising out of the unauthorized use of your GSA Account. You agree to provide accurate and complete information when you register and create your GSA Account, and you agree to update your GSA Account information to keep it accurate and complete.

b) Other Agreements. Your access to and use of the GSA Portal is subject to your compliance with these Terms of Use, and your compliance with any Certification Agreement, Auditing and Certification Services Agreement, or other agreement that you may have entered into with GSA.

c) Confidentiality. For purposes of these Terms of Use, “Confidential Information” means any and all non-public, confidential, or proprietary information of GSA or its affiliates, or their customers, licensors, or business partners, including, without limitation, all trade secrets and all other information concerning past, present, and future business affairs such as: supply chain information; facility or vessel audit or similar reports or test results; employee, customer, or supplier information; information about products or services, organizational structure, and internal practices, forecasts, sales and other financial results, records and budgets; and business, marketing, development, sales, and other commercial strategies.

Except as otherwise specifically permitted by GSA in writing, you will hold all Confidential Information you obtain or have access to as a result of using the GSA Portal in confidence and, unless required by law, not make the Confidential Information available to any third party or use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You will take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents in violation of these Terms of Use.

You acknowledge and agree that aspects of the GSA Portal, including the specific design and structure of individual programs (including GSA’s BSP and BAP certification programs), constitute Confidential Information comprising trade secrets and copyrighted material of GSA and its licensors. You will not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of GSA and its licensors. You shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the GSA Portal and all its content shall remain solely with GSA and its licensors.

  1. Platform Content, Functionality, and Security

GSA reserves the right to change the Platform’s content options (including eligibility for particular features) at any time.

The Platform may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Platform accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, and shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses to such content. You agree to provide accurate and complete information in connection with your submission of any materials on the Platform. You hereby grant GSA a perpetual, worldwide, royalty-free, irrevocable, nonexclusive license to use such materials as part of the Platform or in relation to GSA’s services, without any compensation or obligation to you. GSA reserves the right not to post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. GSA has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Platform, to investigate any reported or apparent violation of these Terms of Use, and to take any action that GSA in its sole discretion deems appropriate, including, without limitation, termination of your participation in any GSA programs.

Certain content and services available via the Platform may include materials from third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that GSA is not in any way responsible for any such use by you.

GSA may provide links to third-party websites as a convenience to you. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You agree that GSA is not responsible for examining or evaluating the content or accuracy of such websites, and GSA does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

The Platform may include security technology that is designed to limit your use, access, and interaction with data contained therein. Any security technology is an inseparable part of the Platform. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason – or to attempt or assist another person to do so. You shall not access or attempt to access a GSA Account that you are not authorized to access.

  1. Intellectual Property Rights

The Platform and all the content, features, and functionalities therein, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (“GSA IP”), are the property of, or are used with permission by, GSA, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify GSA IP in any way or reproduce or publicly display, perform, distribute, or otherwise use any such GSA IP for any public or commercial purpose. Any unauthorized use of GSA IP may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules, and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Platform or any other GSA IP. All rights to GSA IP not expressly granted herein are reserved by and to the respective owners of such GSA IP.

The Platform may use or display certain trademarks, trade names, service marks and logos, icons, and domain names that constitute registered and unregistered trademarks, trade names, and service marks owned by, or used with permission by, GSA. Nothing grants, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Platform without our written permission or the written permission of their third-party owner.

  1. Prohibited Use

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), (ii) to knowingly submit, send, or upload false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, abusive, illegal, or otherwise objectionable communications, (iii) to impersonate or attempt to impersonate any person or entity (including, without limitation, by using such person’s or entity’s identifiable information), (iv) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (v) to transmit, or procure the sending of, any advertising or promotional material, including any “junk email,” “chain letter,” “spam,” or any other similar solicitation, or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm GSA or its customers, business partners, or users of the Platform, or expose them to liability.

Additionally, you agree not to (i) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other person’s use of the Platform, (ii) use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, (iii) use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent, (iv) use any device, software or routine that interferes with the proper working of the Platform, (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is hosted, or any server, computer or database connected to the Platform, (vii) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack, or (viii) otherwise attempt to interfere with the proper working of the Platform.

  1. Accuracy, Completeness, and Currentness of Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. We may update the content on the Platform from time to time, but the content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

  1. Privacy

Our collection of information via the Platform, and our use and disclosure of such information, is set forth in our Privacy Policy, which may be updated from time to time.

  1. Linking to the GSA Websites

You may link to our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Subject to the foregoing, you must not (i) establish a link from any website that is not owned by you, (ii) cause GSA’s websites or portions of the websites to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, or (iii) otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.

  1. Geographic Restrictions

GSA is based in the state of New Hampshire in the United States. We provide the Platform primarily for use by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.

YOUR USE OF THE PLATFORM AND THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM AND THE CONTENT THEREIN AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GSA NOR ANY PERSON ASSOCIATED WITH GSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER GSA NOR ANYONE ASSOCIATED WITH GSA REPRESENTS OR WARRANTS THAT THE PLATFORM OR THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

IN NO EVENT WILL GSA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GSA, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE PLATFORM’S CONTENT, FEATURES, AND FUNCTIONALITIES OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE.

  1. Copyright Infringement Notice and Takedown Policy

GSA respects the intellectual property of others and asks that users of the Platform do the same. We may remove infringing materials and may terminate the license to use the Platform for users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work via the Platform, and wish to have the allegedly infringing material removed, please provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

Deliver the DMCA notice, with the above information completed, to the GSA DMCA agent at:

Global Seafood Alliance

Attention: Copyright Agent

Subject Line: DMCA Notification / DMCA Counter

Notification Email: info@globalseafood.org

Address:

Global Seafood Alliance

85 New Hampshire Avenue, Suite 200

Portsmouth, NH 03801 USA

Digital Millennium Copyright Act (DCMA) in its entirety can be found at: http://www.copyright.gov/legislation/hr2281.pdf.

  1. Miscellaneous

a) Term and Termination. We reserve the right to condition your right to access and use the Platform on your agreement to, and compliance with, these Terms of Use. We also reserve the right to terminate your right to access and use the Platform, at any time, for any reason or no reason, in our sole discretion. You may terminate these Terms of Use by discontinuing your use of the Platform. Notwithstanding such a termination, Sections 1, 3(c), 5, 11, 12, 13, and 15, and such other provisions of these Terms of Use that are, by their nature, intended to survive termination, shall survive such termination, and you will continue to be liable for all your activities during the time you used the Platform.

b) Waiver and Severability. No waiver by GSA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GSA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Subject to Section 1(g), if any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then, only to the extent of such holding and as to such jurisdiction, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

c) Governing Law; Venue. All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule. You and GSA agree that any action at law or in equity that is not subject to the Arbitration Agreement in Section 1 shall be filed, and that venue properly lies, only in the state or federal courts located in Rockingham County, New Hampshire, United States of America, and you and GSA expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.

d) Assignment. We may assign our rights and obligations under these Terms of Use, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms of Use without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms of Use.

e) Entire Agreement. These Terms of Use are the entire agreement between you and GSA with respect to the use of the Platform. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated. These Terms of Use are not intended to, and do not, modify or supersede the terms of any other agreement between you and GSA that govern other aspects of your relationship with GSA, including, for example, a Certification Agreement or an Auditing and Certification Services Agreement.

f) Notices to GSA. All notices given by you or required from you under these Terms of Use must be in writing and addressed to us at the postal address set forth below in the “Contact Information” section. Any notices that you provide without compliance with this subsection will have no legal effect.

g) Contact Information. GSA welcomes your feedback, comments, requests for technical support and other communications relating to the Platform. Please contact us at

Postal Address:

Global Seafood Alliance, Inc.

85 New Hampshire Avenue, Suite 200

Portsmouth, NH 03801 USA

Email address:                   info@globalseafood.org