Agreement between user and hollanderanddekoning.com Welcome to hollanderanddekoning.com. The hollanderanddekoning.com website (the “Site”) is comprised of various web pages operated by Acadia Aquafarms, LLC (“AA LLC.”). hollanderanddekoning.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of hollanderanddekoning.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Privacy Your use of hollanderanddekoning.com is subject to AA LLC.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Electronic Communications Visiting hollanderanddekoning.com or sending emails to AA LLC. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. AA LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use hollanderanddekoning.com only with permission of a parent or guardian. Links to third party sites/Third party services hollanderanddekoning.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AA LLC. and AA LLC. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AA LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AA LLC. of the site or any association with its operators. Certain services made available via hollanderanddekoning.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the hollanderanddekoning.com domain, you hereby acknowledge and consent that AA LLC. may share such information and data with any third party with whom AA LLC. has a contractual relationship to provide the requested product, service or functionality on behalf of hollanderanddekoning.com users and customers. Hyperlinks You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Hollander & de Koning or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Hollander & de Koning, LLC logo or other proprietary graphic of Hollander & de Koning, LLC to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Hollander & de Koning, LLC trademark, logo or other proprietary information, including the images found on the Site or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent. Hollander & de Koning, LLC makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or of websites linking to the Site. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. No unlawful or prohibited use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use hollanderanddekoning.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AA LLC. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AA LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AA LLC. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AA LLC. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AA LLC. or our licensors except as expressly authorized by these Terms. Third Party Accounts You will be able to connect your AA LLC. account to third party accounts. By connecting your AA LLC. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. International Users The Service is controlled, operated and administered by AA LLC. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AA LLC. Content accessed through hollanderanddekoning.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless AA LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AA LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AA LLC. in asserting any available defenses. Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACADIA AQUAFARMS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ACADIA AQUAFARMS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACADIA AQUAFARMS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACADIA AQUAFARMS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACADIA AQUAFARMS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/access restriction AA LLC. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine and you hereby consent to the exclusive jurisdiction and venue of courts in Maine in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AA LLC. as a result of this agreement or use of the Site. AA LLC.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AA LLC.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AA LLC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AA LLC. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AA LLC. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms AA LLC. reserves the right, in its sole discretion, to change the Terms under which hollanderanddekoning.com is offered. The most current version of the Terms will supersede all previous versions. AA LLC. encourages you to periodically review the Terms to stay informed of our updates. Contact Us AA LLC. welcomes your questions or comments regarding the Terms: ACADIA AQUAFARMS, LLC 806 Bar Harbor Rd. Trenton, ME 04605 Email Address: [email protected] Telephone number: 207-288-8924 Effective as of May 15, 2024
