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LUR Terms & Conditions

Last Updated: 2/1/22

DB+ CO Group LLC (“DB”) owns and operates the LUR website site located at www.getlur.com (the “Website”).  As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using this Website.  The terms “DB”, “we”, “us” and “our” refer to DB+ Group and its related or affiliated companies.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE PROVISION IN THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

THIS WEBSITE IS ONLY INTENDED FOR USERS LOCATED IN THE UNITED STATES.  IF YOU ARE NOT LOCATED IN THE UNITED STATES, DO NOT USE THIS WEBSITE. YOU AND DB AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND DB WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 10.

Your continued access and use of the Website is conditional on your acceptance of and continued compliance with the terms and conditions of use set out below (the “Terms”).  These Terms will govern your use of any new features that augment or enhance the current services (together the “Services”).  In addition to these Terms and any additional terms, the LUR privacy notice, found at www.getlur.com (the “Privacy Policy”) will govern how personal information you submit on this Website will be used, and together they form the agreement between you and us (the “Agreement”).  Nothing in this Agreement will be deemed to confer any third-party rights or benefits.

By accessing, browsing, using and/or downloading the pages in this Website or making a purchase through the Website, you agree to accept and comply with this Agreement for each use and visit to this Website.  If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.

DB reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates (“Modifications”). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. Your use of this Website following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified.

This Agreement applies to all users of the Website.  As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and that you will abide by and comply with this Agreement. In any case, you affirm that you are over the age of thirteen (13), and acknowledge that the Website itself is not intended for use or viewing by children under thirteen (13).

  1. GRANT AND RESTRICTIONS ON USE
    All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, “Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by DB. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to DB.

  2. ACCOUNT, PURCHASES, SUBSCRIPTIONS, AND CANCELLATION 
    • 2.1. Purchases:  There are two types of purchases you can make through the Website (“Purchase”): (1) a one-time purchase of a particular fish, meat, or other items available on the Website (“Single Purchase”); or  (2) a subscription for you, or a person designated by you, to receive a specified amount of fish, meat, or other items per month until you cancel the subscription (“Continuous Subscription”).  For either purchase type, you select the fish, meat, or other items you will receive.  When making a Purchase, you can have the fish, meat, or other items sent to you or designate a person other than yourself to receive the fish, meat, or other items (“Designated Recipient”).   
    • 2.2. Continuous Subscriptions: If you subscribe to a Continuous Subscription, you will not be charged upon your initial subscription.  On the 27th of the month, a reminder email will be sent out to confirm your subscription.    You will have 7 days to respond to the email and confirm your subscription order.  You will immediately be charged the cost (“Renewal Payment”) displayed at the time of confirmation.  If you do not confirm your subscription order within 7 days, you will not be charged and no product will be sent to you for the next month. At any point up until you confirm your subscription order, you may change the contents of your subscription order.  Once you have confirmed your order, any changes to your subscription order will apply to the subsequent subscription order.  If at any time for the Continuous Subscription the Renewal Payment cannot be charged to your Credit Card because your Credit Card has expired, is suspended, or for another reason related to your Credit Card or Credit Card provider, DB reserves the right in its sole discretion to terminate or suspend your Continuous Subscription, or to charge your Credit Card later for the previous Renewal Payments which could not be charged once the issues with your Credit Card have been resolved or you have submitted a new valid Credit Card.  If the Renewal Payment cannot be charged to your Credit Card due to a technical issue or error by DB, DB’s payment processor, or for another reason outside the control of DB, DB may charge your Credit Card later for the previous Renewal Payment which could not be charged during the relevant month.
    • 2.3. Cancellation of Continuous Subscriptions:  In order to cancel a Continuous Subscription and no longer receive the Confirmation Email, you must log into the website, navigate to your account, navigate to your subscription(s), and click the Cancel button.
    • 2.4. Account: To make a purchase on the Website, you must set up an Account.  When creating an Account, you must provide all required information including your name, email address, a password, physical address, and credit card information for a valid Credit Card owned by you which will be used to make your Purchase. Only one (1) Account is permitted per email address.  The information provided must be accurate and complete.  Customers who have purchased a Continuous Subscription can change Account information, including the Credit Card associated with your Account at any time by logging into the website and updating your account. If you change the Credit Card associated with your Account, it will change the Credit Card for all Continuous Subscriptions associated with your Account.

      You may never use another’s Account without permission. By creating an Account, you represent and warrant that the information you provide is true and that you will keep it up to date. You are solely responsible for any use or misuse of your Account and must keep your Account password confidential and secure and must notify DB immediately of any breach of security or unauthorized use of your Account.

      Although DB will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DB or others due to such unauthorized use.
  3. RETURNS AND REFUNDS
    • 3.1 Returns: Because of the perishable nature of the products sold on the Website, no returns are permitted.
    • 3.2 Refunds:  We will refund the cost of any Single Purchase,  or initial payment of a Continuous Subscription made in error, as long as we haven’t already shipped your fish, meat, or other products before receiving your refund request. To request a refund, you must send an email to [email protected] (“Refund Request”) containing the order #, your name, email address and the type of Purchase that you want to cancel (“Required Refund Information”).  If we receive the Refund Request before the fish, meat, or other products for the relevant Purchase have shipped, we will issue a refund to your Credit Card for the amount of the Purchase. 
  4. ACCEPTABLE USE
    You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card information (except to make a Purchase), bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”).

    You are also prohibited from: (i) using the Website to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting user submissions or using the Website in such a way that damages the image or rights of DB, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.

  5. COMMUNICATION WITH US
    By creating an account with us, you electronically agree to accept and receive communications from DB or third parties providing services to DB including via email, text message, calls, and push notifications to the cellular telephone number you provided to DB. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of DB, and/or its affiliated companies, concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive such text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from DB, you must reply “STOP” from the mobile device receiving the promotional text messages.

  6. ACCESS AND ACCOUNT TERMINATION
    DB reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.

  7. AVAILABILITY OF SITE & SERVICES
    While DB endeavors to ensure that the Website is available at all times, DB will not be liable if, for any reason, the Website is unavailable at any time or for any period.

    The Website may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”).  You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions.  We do not offer a service level or uptime guarantee with our Services.

    You may also experience interruptions or issues in accessing the Website for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan.  You acknowledge that the availability of the Website is dependent on your Internet Service Provider (“ISP”) and your computer or other online device and/or your mobile carrier and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.

  8. THIRD PARTY LINKS
    The Website may contain links to third party websites that are not owned or controlled by DB. A description or link to such third-party services does not imply our endorsement of the third-party service.

    We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DB will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve DB from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of the other websites that you visit.

  9. DISCLAIMER
    THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  DB DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.

  10. LIABILITY
    YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DB , ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF DB EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY OTHER WEBSITE LINKED TO THE WEBSITE.

    YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. IN THE EVENT APPLICABLE law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall db, its agents or anyone involved in creating or providing thE SERVICES be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you for use of the SERVICES or $100, whichever is less.

  11. INDEMNIFICATION
    You agree to indemnify, defend and hold us and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Website; or (iii) the content or other information you provide to us through a Website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  12. DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW AND JURISDICTION
    • 12.1 Dispute Resolution Generally.  By using, making a purchase through, or otherwise interacting with the Website, you agree to that to the extent permissible by applicable law: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Website, the Privacy Policy, or any goods or services purchased through the Website, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney’s fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
    • 12.2 Arbitration.  For users of the Website that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to this Section 10, then either party may initiate binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DB will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

      If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

      If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor DB shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
    • 12.3 Class Action and Class Arbitration Waiver. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
    • 12.4 Waiver of Jury Trial.  BY USING, MAKING A PURCHASE THROUGH OR OTHERWISE INTERACTING WITH THE WEBSITE, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.  YOU FURTHER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
    • 12.5 Governing Law & Jurisdiction.  All disputes in connection with the Website and any purchases made through the Website, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the State of Florida in the state or federal courts in Dade County, Florida and you consent to the exclusive jurisdiction of such courts. 

      Moreover, to the extent that the arbitration provisions set forth in this Section 11of the Terms do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 10, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Florida (except for small claims court actions which may be brought in the county where you reside).  The parties expressly consent to exclusive jurisdiction in the State of Florida for any litigation other than small claims court actions.  In the event of litigation relating to these Terms or the Website, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
    • 12.6 Exception – Small Claims Court Claims.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    • 12.7 Exception – California Privacy Attorney Generals Act (PAGA) Action.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
    • 12.8 30 Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section of these Terms by sending written notice of your decision to opt-out by emailing us at [email protected] The notice must be sent within thirty (30) days of accepting these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections.  If you opt-out of these arbitration provisions, we also will not be bound by them.
  13. MISCELLANEOUS
    • 13.1 Waiver. The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right, nor be construed to be a waiver thereof, and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
    • 13.2 Severability. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms constitute the entire agreement between the parties relating to the use of this Site and supersedes and replaces any prior agreement and communication between the parties relating thereto.
    • 13.3 Notice to New Jersey Users.  Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth in Sections 8, 9, 10, or 11 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you, but the rest of the terms shall remain binding on you and DB. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
    • 13.4 Notice to California Users.  Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to [email protected].  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
    • 13.5 Independent Contractors.  Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
    • 13.6 Assignment. We may assign our rights under these Terms without your approval and with or without notice to you.
    • 13.7 Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
  14. CONTACT US
    Please contact us at any time if you have any questions about these terms by writing to Pescatlantic Group LLC 6100 Blue Lagoon Dr. Suite 325, Miami, FL, 33126 or email us at [email protected].