Terms of Service & Privacy Policy


Terms of Service


Terms of Service (10/31/19)


This website is operated by Perla Negra Mariscos, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Perla Negra Mariscos, Inc.. Perla Negra Mariscos, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.



SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature.


A breach or violation of any of the Terms will result in an immediate termination of your Services.



SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.



SECTION 5 - PRODUCTS OR SERVICES (if applicable)


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made directly on our website or other services acting on behalf of us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.



SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools, resources, and services). Such new features and/or services shall also be subject to these Terms of Service.



SECTION 8 - THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials and services from third-parties.


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.



SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



SECTION 10 - PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.



SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.




SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website, services, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Perla Negra Mariscos, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.




SECTION 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Perla Negra Mariscos, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.



SECTION 15 - SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



SECTION 16 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



SECTION 17 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



SECTION 18 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Illinois, United States.



SECTION 19 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



SECTION 20 - CONTACT INFORMATION


Questions about the Terms of Service or Privacy Policy should be sent to [email protected]


In the case that there might be an interruption with our email and you do not hear back within 3 business days, please mail us at 235 S Bolingbrook Dr, Bolingbrook, IL 60440


Privacy Policy


Privacy Policy (10/31/19)

Your privacy is very important to us. Please read below to see how Perla Negra Mariscos Inc. handles information.
Perla Negra Mariscos Inc. respects your privacy and shares your concern about the security of data you may submit to Perla Negra Mariscos Inc.’s websites and the related mobile applications and services (collectively, the “Services”). Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and protect it, how to access and update your information, and how to manage your privacy settings when using the Services. This policy may be updated without notice; users must check back regularly to view any changes. If a change is made we will post the date in which is was updated near the “updated on” section above the policy. Questions or comments about this Privacy Policy may be submitted by mail to the address below or via email to [email protected] 


Perla Negra Mariscos Inc.
235 S Bolingbrook Dr

Bolingbrook, IL 60440

ATT: OWNER


Personal Information

Personal Information We May Collect

"Personal Information" is information that identifies you as an individual. In addition to Personal Information, Other Information (as defined below) may be collected in connection with the Services; the collection, use and disclosure of Other Information is addressed separately below, under the heading "OTHER INFORMATION".

We and our third-party service providers may collect the following Personal Information from you:

•    Name.

•    Postal address.

•    Telephone number.

•    E-mail address.

•    Credit and debit card numbers.

•    Other personally identifiable information about you and third parties that you may choose to transmit through the Services, including personally identifiable information contained within files, video or audio calls or text messages.

We do not request, solicit or intend to collect any other personally identifiable information, and you should not disclose any such information in connection with the Services. IF YOU SUBMIT ANY PERSONAL INFORMATION OF OR RELATING TO THIRD PARTIES TO US OR OUR THIRD-PARTY SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.


How We May Use Personal Information

We and our third-party service providers may use Personal Information:

•    To respond to your inquiries and fulfill your requests, such as to send newsletters to you, complete your commercial transactions and operate the Services.

•    To send to you administrative information, including information regarding the Services and changes to our terms, conditions and policies.

•    To send to you marketing communications that we believe may be of interest to you, unless you opt-out in accordance with the "CHOICES AND ACCESS" section below.

•    For our business purposes, such as quality assessment, data analysis, audits, developing new products, improving the Services, identifying usage trends and determining the effectiveness of our promotional campaigns.

•    As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.


How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

•    To our third-party service providers that may provide services such as hosting of the Services, data analysis, IT services and infrastructure, customer service, marketing, e-mail delivery, mail delivery, auditing, payment processing and other similar services. Please note that we may use cloud service providers in connection with the hosting of the Services and the storage of Personal Information, and we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers.

•    By you, through messages (including files, video and audio calls and text messages), chats, message boards, forums, public profile pages, user directories and blogs and other functionality with which you are able to share or post information and materials. Please note that any information and materials that you post or disclose using such functionality will become public information, and may be available for other users of the Services and the general public to record, access, use, alter, manipulate or disclose to other individuals or social networking sites such as Facebook or YouTube. We are not responsible for such recording, access, use, alteration, manipulation or disclosure. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, in connection with the Services.

•    To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).

•    As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.


Other Information

Other Information We May Collect

"Other Information" is any information that does not reveal your specific identity, such as:

•    Browser information

•    Server log files

•    Statistics concerning messages (including files, video and audio calls and text messages) sent or received through the Services, such as the length of such calls or messages, the IP Addresses involved and other technical parameters

•    Information collected through cookies, pixel tags and other technologies

•    Demographic information

•    Aggregated information


How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

•    Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, language, and the name and version of the software application you are using. We may also generate a unique device identifier for use by Perla Negra Mariscos Inc. to operate the Services.

•    Through server log files: Your "IP Address" is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Services, along with the time of the use and the pages or areas visited within the Services. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We and our third-party service providers use IP Addresses for purposes such as helping to calculate usage levels of the Services diagnose server problems and administer the Services.

•    Using cookies: Cookies allow a server to transfer data to a device for record keeping and other purposes. We and our third-party service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Services, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Services may not be available to you.

•    Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some pages and areas of the Services and HTML-formatted e-mail messages to, among other things, track the actions of users of the Services and e-mail recipients, measure the success of our marketing campaigns and compile statistics about usage and response rates of the Services.

•    From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.

•    By aggregating information: Personal Information does not personally identify you or any other user of the Services. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code.


How We May Use and Disclose Other Information

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your zip code with your name). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.


Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit the Services. Please note that these companies may use information about your use of the Services to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, these companies may place or recognize a unique cookie on your browser.


Security

We seek to use within Perla Negra Mariscos Inc. reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system is guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information. We are not responsible for the data security measures of any third parties.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "CONTACTING US" section below.


Choices and Access

Your choices regarding our use and disclosure of your Personal Information for marketing purposes:

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

Receiving marketing-related e-mails from us based upon your Personal Information: If you no longer want to receive marketing-related e-mails from us on a going-forward basis based upon Personal Information collected pursuant to this Privacy Policy, you may opt-out of receiving such marketing-related e-mails by accessing the "E-mail Subscriptions" page on the Site, or by clicking the "unsubscribe" link that is included at the end of such marketing-related e-mails.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related e-mails from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.


How you can access your Personal Information

If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Services, or, for certain Personal Information that is not reviewable through the Services, you may contact us in accordance with the "CONTACTING US" section below.


We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information.


Use of the Services by Minors

The Services are not directed to individuals under the age of thirteen (13), nor are such individuals permitted to use the Services; accordingly, we request that such individuals do not provide Personal Information in connection with the Services. If you are the parent or guardian of such an individual who has disclosed Personal Information to us in connection with the Services, please contact us in accordance with the "CONTACTING US" section below, and we will exercise commercially reasonable efforts to remove such information from our databases and storage systems; we are not liable, however, for any consequences of such information, including any delay or failure to remove such information.


Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.