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AlaskaSE User Agreement and Privacy Policy

Alaska Seafood Exchange User Agreement

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU ARE OFFERED ACCESS TO THE 
SERVICE PROVIDED BY ALASKA SEAFOOD EXCHANGE, INC.

The following is the user agreement (the "Agreement" or "User Agreement") for 
Alaska Seafood Exchange, Incorporated, hereinafter "AlaskaSE".  This Agreement 
describes the terms and conditions applicable to the use of AlaskaSE services 
available under the domain and sub-domains of www.alaskase.com (hereinafter 
referred to as the "Site") and the general principles for the websites of 
associated subsidiaries and/or affiliates.  Access to or use of AlaskaSE services 
without consenting to be bound to the terms and conditions expressed herein is 
strictly prohibited.

You must read, agree with and accept all of the terms and conditions contained 
in this User Agreement and the Privacy Policy, which include both those terms 
and conditions expressly set out below and those incorporated by reference, 
before you may become a registered user of AlaskaSE.  Because they may 
contain further terms and conditions that apply to each AlaskaSE user, AlaskaSE 
strongly recommends that, in addition to this User Agreement, prospective users 
also access and read the information contained in the other pages and websites 
referred to in this document.

By posting the amended terms on the Site, AlaskaSE may amend this Agreement 
at any time.  Except as stated below, all amended terms shall automatically be 
effective 30 days after they are initially posted on the Site.  Additionally, 
AlaskaSE will notify you in accordance with your Notification Preferences. This 
Agreement may not be otherwise amended except in writing, signed by you and 
Alaska Seafood Exchange, Incorporated.  This Agreement is effective upon 
acceptance in registration for new registering users, and is otherwise effective on 
April 1, 2005 for all users.

ARTICLE A - USER ELIGIBILITY 
AlaskaSE's services are available only to, and may only be used by individuals 
who can form legally binding contracts under applicable law.  Without limiting 
the foregoing, our services are not available to children (persons under the age 
of 18) or to temporarily or indefinitely suspended AlaskaSE members. If you are 
a under the age of 18, you can use this service only in conjunction with, and 
under the supervision of your parents or guardians.  If you do not qualify, please 
do not use our Site.  Further, your AlaskaSE account (including feedback) and 
User ID may not be transferred or sold to another party. If you are registering as 
a business entity, you represent that you have the authority to bind the entity to 
this Agreement.

ARTICLE B - FEES AND SERVICES  
Joining as a buyer and purchasing items through AlaskaSE is free.  Joining as a 
seller incurs a one-time application fee, described within our Fee Schedule.  We 
do not charge fees for listing products for sale through our Site, and when you 
list an item you have an opportunity to review and accept the fees that you will 
be charged. Our Fee Schedule is available and is incorporated into this 
Agreement by reference. We may change our Fee Schedule and the fees for our 
services from time to time. Our changes to the policy are effective after we 
provide you with at least fourteen (14) days' notice of the changes by posting 
the changes on the Site.  However, we may choose to temporarily change our 
Fee Schedule and the fees for our services for promotional events (for example, 
free application days) and such changes are effective when we post the 
temporary promotional event on the Site.  We may in our sole discretion change 
some or all of our services at any time.  In the event that we elect to introduce a 
new service, the fees for that service are effective at the launch of the service.  
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible 
for paying all fees associated with using our service and the Site and all 
applicable taxes.

ARTICLE C - ALASKASE IS A VENUE
PART 1 - AlaskaSE is not an Auctioneer, nor an online auction web site.  
Instead, the Site acts as a venue to allow anyone to offer, sell, and buy 
Alaskan seafood, at anytime, from anywhere in the United States, in a variety 
of pricing formats.  We are not involved in the actual transaction between 
buyers and sellers.  As a result, we have no control over the quality, safety or 
legality of the products advertised, the truth or accuracy of the listings, the 
ability of sellers to sell products or the ability of buyers to pay for products. 
We cannot ensure that a buyer or seller will actually complete a transaction. 
Consequently, we do not transfer legal ownership of products from the seller 
to the buyer, and nothing in this agreement shall modify the governing 
provisions of Uniform Com. Code § 2-401(2), under which legal ownership of 
a product is transferred upon physical delivery of the product to the buyer by 
the seller.  
PART 2 - We use many techniques to verify the accuracy of the information 
our users provide us when they register on the Site. However, because user 
verification on the Internet is difficult, AlaskaSE cannot and does not confirm 
each user's purported identity. Thus, we have established a user-initiated 
feedback system to help you evaluate with whom you are dealing. We also 
encourage you to communicate directly with potential trading partners 
through the tools available on the Site. You may also wish to consider using a 
third party escrow service or services that provide additional user verification.  
PART 3 - Because we are a venue, in the event that you have a dispute with 
one or more users, you release AlaskaSE (and our officers, directors, agents, 
subsidiaries, joint ventures and employees) from claims, demands and 
damages (actual and consequential) of every kind and nature, known and 
unknown, suspected and unsuspected, disclosed and undisclosed, arising out 
of or in any way connected with such disputes. If you are a California 
resident, you waive California Civil Code §1542, which says: "A general 
release does not extend to claims which the creditor does not know or 
suspect to exist in his favor at the time of executing the release, which if 
known by him must have materially affected his settlement with the debtor."  
PART 4 - We do not control the information provided by other users that is 
made available through our system. You may find other user's information to 
be offensive, harmful, inaccurate, or deceptive. Please use caution, common 
sense, and practice safe trading when using the Site. Please note that there 
are also risks of dealing with underage persons or people acting under false 
pretense.  By using this Site, you agree to accept such risks and AlaskaSE is 
not responsible for the acts or omissions of users on the Site.

ARTICLE D - BUYING
As a buyer, you are obligated to complete the transaction with the seller if you 
purchase a product through the Site.  By initiating a transaction for a product 
you agree to be bound by the conditions of sale included in the product's 
description so long as those conditions of sale are not in violation of this 
Agreement or unlawful. Unless you and the seller agree otherwise, you will 
become the product's lawful owner upon physical receipt of the item from the 
seller, in accordance with Uniform Com. Code § 2-401(2).  Transactions are not 
retractable except in exceptional circumstances, such as: when the seller 
materially changes the product's description after you initiate the transaction; a 
clear typographical error is made; you cannot authenticate the seller's identity; 
or when the seller does not confirm your purchase.

ARTICLE E - LISTING AND SELLING 
PART 1 - You must be legally able to sell the product(s) you list for sale on 
the Site. You must describe your product and all terms of sale on the listing 
page of the Site. Your listings may only include text descriptions, graphics, 
pictures and other content relevant to the sale of that product. All listed 
products must be listed in an appropriate category. All products in multiple 
product listings must be identical.  
PART 2 - Without limiting any other remedies, AlaskaSE may suspend or 
terminate your account if we suspect that you (by conviction, settlement, 
insurance or escrow investigation, or otherwise) have engaged in fraudulent 
activity in connection with the Site.  
PART 3 - Neither you, buyers, nor sellers may manipulate the price of any 
product nor may you interfere with other user's listings or transactions.

ARTICLE F - YOUR INFORMATION 
PART 1 - "Your Information" is defined as any information you provide to us 
or other users in the registration, buying or listing process, in any public 
message area (including the feedback area) or through any email feature. 
You are solely responsible for Your Information, and we act as a passive 
conduit for your online distribution and publication of Your Information.  
PART 2 - Your Information (or any products listed) and your activities on the 
Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or 
involve the sale of imitation or stolen products; (c) infringe any third party's 
copyright, patent, trademark, trade secret or other proprietary rights or rights 
of publicity or privacy; (d) violate any law, statute, ordinance or regulation 
(including, but not limited to, those governing export control, consumer 
protection, unfair competition, antidiscrimination or false advertising); (e) be 
defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) 
be obscene or contain child pornography or otherwise adult in nature or 
harmful to minors; (g) contain any viruses, Trojan horses, worms, time 
bombs, cancelbots, easter eggs or other computer programming routines that 
may damage, detrimentally interfere with, surreptitiously intercept or 
expropriate any system, data or personal information; (h) create liability for 
us or cause us to lose (in whole or in part) the services of our ISPs or other 
suppliers; and (i) link directly or indirectly to or include descriptions of goods 
or services that: (aa) are prohibited under this Agreement, or (bb) that you 
do not have a right to link to or include. Furthermore, you may not list any 
product on the Site (or consummate any transaction that was initiated using 
our service) that, by paying to us the transaction fee or the final value fee, 
could cause us to violate any applicable law, statute, ordinance or regulation.  
PART 3 - Solely to enable AlaskaSE to use the information you supply us with, 
so that we are not violating any rights you might have in that information, 
you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, 
royalty-free, sublicensable (through multiple tiers) right to exercise the 
copyright, publicity, and database rights (but no other rights) you have in 
Your Information, in any media now known or not currently known, with 
respect to Your Information.  AlaskaSE will only use Your Information in 
accordance with our Privacy Policy.

ARTICLE G - ACCESS AND INTERFERENCE  
The Site contains robot exclusion headers. Much of the information on the Site is 
updated on a real time basis and is proprietary or is licensed to AlaskaSE by our 
users or third parties. You agree that you will not use any robot, spider, scraper 
or other automated means to access the Site for any purpose without our 
express written permission. Additionally, you agree that you will not: (1) take 
any action that imposes, or may impose in our sole discretion an unreasonable or 
disproportionately large load on our infrastructure; (2) copy, reproduce, modify, 
create derivative works from, distribute or publicly display any content (except 
for Your Information) from the Site without the prior expressed written 
permission of AlaskaSE and the appropriate third party, as applicable; (3) 
interfere or attempt to interfere with the proper working of the Site or any 
activities conducted on the Site; or (4) bypass our robot exclusion headers or 
other measures we may use to prevent or restrict access to the Site.

ARTICLE H - FEEDBACK
PART 1 - You may not take any actions that may undermine the integrity of 
the feedback system. We may limit the number of purchases and/or listings 
you may place on the Site based upon the level of your feedback.  If you 
earn a net feedback rating of -4 (minus four), your membership may be 
suspended, and you may be unable to list or purchase.  
PART 2 - You acknowledge that your feedback consists of comments left by 
other users and a composite feedback number compiled by AlaskaSE, and 
that the composite number without the comments does not convey your full 
user profile. Because feedback ratings are not designed for any purpose other 
than for facilitating trading between AlaskaSE users, you agree that you shall 
not market or export your AlaskaSE feedback rating in any venue other than 
an AlaskaSE-operated website.  
PART 3 - We do not provide you the technical ability to import feedback from 
other (non-AlaskaSE operated) websites to AlaskaSE because a composite 
number, without the corresponding feedback does not reflect your true online 
reputation within our community.

ARTICLE I - BREACH  
Without limiting other remedies, we may limit your activity, immediately remove 
your transactions and/or product listings, warn our community of your actions, 
issue a warning, temporarily suspend, indefinitely suspend or terminate your 
membership and refuse to provide our services to you if: (1) you breach this 
Agreement or the documents it incorporates by reference; (2) we are unable to 
verify or authenticate any information you provide to us; or (3) we believe that 
your actions may cause financial loss or legal liability for you, our users or us.

ARTICLE J - PRIVACY  
We do not sell or rent your personal information to third parties for their 
marketing purposes without your explicit consent and we only use your 
information as described in the Privacy Policy. We view protection of users' 
privacy as a very important community principle. We understand clearly that you 
and your information is one of our most important assets. We store and process 
your information on computers located in the United States that are protected by 
physical as well as technological security devices.  Our current Privacy Policy is 
available at http://www.alaskase.com/?action=privacy.  If you object to your 
Information being transferred or used in this way please do not use our services.

ARTICLE K - NO WARRANTY  
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR 
SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT 
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR 
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS 
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, 
so the foregoing disclaimer may not apply to you. This warranty gives you 
specific legal rights and you may also have other legal rights that vary from state 
to state.

ARTICLE L - LIABILITY LIMIT  
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, 
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY 
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN 
CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT 
(HOWEVER ARISING, INCLUDING NEGLIGENCE).  
 
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, 
DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN 
ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF 
FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE 
TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or 
limitation of incidental or consequential damages, so the above limitation or 
exclusion may not apply to you.

ARTICLE M - INDEMNITY  
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, 
affiliates, officers, directors, agents, and employees, harmless from any claim or 
demand, including reasonable attorneys' fees, made by any third party due to or 
arising out of your breach of this Agreement or the documents it incorporates by 
reference, or your violation of any law or the rights of a third party.

ARTICLE N - LEGAL COMPLIANCE  
You shall comply with all applicable laws, statutes, ordinances and regulations 
regarding your use of our service and your listing, purchase, solicitation of offers 
to purchase, and sale of products.

ARTICLE O - NO AGENCY  
You and AlaskaSE are independent contractors, and no agency, partnership, joint 
venture, employee-employer or franchiser-franchisee relationship is intended or 
created by this Agreement.

ARTICLE P - NOTICES  
Except as explicitly stated otherwise, any notices shall be given by postal mail to 
AlaskaSE Attn: Legal Department, Cordova, AK 99574 (in the case of AlaskaSE) 
or to the email address you provide to AlaskaSE during the registration process 
(in your case). Notice shall be deemed given 24 hours after email is sent, unless 
the sending party is notified that the email address is invalid. Alternatively, we 
may give you notice by certified mail, postage prepaid and return receipt 
requested, to the address provided to AlaskaSE during the registration process. 
In such case, notice shall be deemed given 3 days after the date of mailing.

ARTICLE Q - RESOLUTION OF DISPUTES
In the event a dispute arises between you and AlaskaSE, our goal is to provide 
you with a neutral and cost effective means of resolving the dispute quickly. 
Accordingly, you and AlaskaSE agree that any claim or controversy at law or 
equity that arises out of this Agreement or our services ("Claims") shall be 
resolved in accordance with one of the subsections below or as otherwise 
mutually agreed upon in writing by the parties. Before resorting to these 
alternatives, we strongly encourage you to first contact us directly to seek a 
resolution and we will consider reasonable requests to resolve the dispute 
through alternative dispute resolution procedures, such as mediation, as an 
alternative to litigation.
  
PART 1 - Binding Arbitration. For any Claim (excluding Claims for injunctive or 
other equitable relief) where the total amount of the award sought is less 
than $10,000, you or AlaskaSE may elect to resolve the dispute through 
binding arbitration conducted by telephone, on-line and/or based solely upon 
written submissions where no in-person appearance is required. In such 
cases, the arbitration shall be administered by the American Arbitration 
Association or JAMS in accordance with their applicable rules, or any other 
established ADR provider mutually agreed upon by the parties. Any judgment 
on the award rendered by the arbitrator may be entered in any court having 
jurisdiction thereof.  
PART 2 - Court. Alternatively, any Claim may be adjudicated by a court of 
competent jurisdiction located in the State of Alaska or where the defendant 
is located (in our case the State of Alaska and in your case your home 
address or principal place of business). You and AlaskaSE agree to submit to 
the personal jurisdiction of the courts located within the county of the State 
of Alaska.  
PART 3 - Alternative Dispute Resolution. Alternatively, AlaskaSE will consider 
use of other alternative forms of dispute resolution, such as binding 
arbitration to be held in the State of Alaska or another location mutually 
agreed upon by the parties.
  
All Claims (excluding requests for injunctive or equitable relief) between the 
parties must be resolved using the dispute resolution mechanism that is selected 
in accordance with this Section by the first party to file a Claim. Should either 
party file an action contrary to this Section 17, the other party may recover 
attorneys' fees and costs up to $1,000, provided that the party seeking the 
award has notified the other party in writing of the improperly filed Claim, and 
the other party has failed to withdraw the Claim.

ARTICLE R - ADDITIONAL TERMS  
The following policies are incorporated into this Agreement by reference and 
provide additional terms and conditions related to specific services offered on the 
Site:
Privacy Policy: http://www.alaskase.com/?action=privacy, 
Listing Policy: http://www.alaskase.com/?action=listingpolicy.  
 
Each of these policies may be changed from time to time and are effective 
immediately after we post the changes on the Site, except for the Privacy 
Policy for which we will provide you with thirty days prior notice. In addition, 
when using particular services on the Site, you agree that you are subject to 
any posted policies or rules applicable to services you use through the Site, 
which may be posted from time to time. All such posted policies or rules are 
hereby incorporated by reference into this Agreement.

ARTICLE S - GENERAL  
This Agreement shall be governed in all respects by the laws of the State of 
Alaska as such laws are applied to agreements entered into and to be performed 
entirely within Alaska between Alaska residents. We do not guarantee 
continuous, uninterrupted or secure access to our services, and operation of the 
Site may be interfered with by numerous factors outside of our control. If any 
provision of this Agreement is held to be invalid or unenforceable, such provision 
shall be struck and the remaining provisions shall be enforced. You agree that 
this Agreement and all incorporated agreements may be automatically assigned 
by AlaskaSE in accordance with Section 16 "Notices", in our sole discretion, 
Headings are for reference purposes only and in no way define, limit, construe or 
describe the scope or extent of such section. Our failure to act with respect to a 
breach by you or others does not waive our right to act with respect to 
subsequent or similar breaches. This Agreement sets forth the entire 
understanding and agreement between us with respect to the subject matter 
hereof. Sections 2 (Fees and Services) with respect to fees owed for our 
services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability 
Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any 
termination or expiration of this Agreement.

ARTICLE T - DISCLOSURES  
The services hereunder are offered by Alaska Seafood Exchange Incorporated, 
located in Cordova, AK 99574. If you are an Alaska resident, you may have this 
same information emailed to you by sending a letter to the foregoing address 
with your email address and a request for this information.  Fees for our services 
are described at http://www.alaskase.com/?action=fees. 
Commercially available parental control protections (such as computer hardware, 
software, or filtering services) are commercially available that may assist you in 
limiting access to material that is harmful to minors. If you are interested in 
learning more about these protections, information is available at 
http://www.safetysurf.com/ or other analogous sites providing information on 
such protections. The preceding link is provided for information purposes only, 
and is not intended as an endorsement of SafetySurf.com's Internet site, 
services, or policies.  AlaskaSE is not affiliated with SafetySurf.com. 
Disputes between you and AlaskaSE regarding our services may be reported to 
Customer Support by sending an email to service@alaskase.com. We encourage 
you to report all user-to-user disputes to your local law enforcement, postmaster 
general, or a certified mediation or arbitration entity.

Please check the box below:
I agree to the following:

I accept the User Agreement and Privacy Policy above.
I may receive communications from AlaskaSE and I understand that I can change my notification preferences at any time in My AlaskaSE.