Terms of Services
FFM DIGITAL ENTERPRISES CORP. -- https://fultonfishmarket.com
Last Updated: April 9, 2026
FFM Digital Enterprises Corp. (“FFM”, “we”, “us” or “our”) welcomes you to our website located at https://fultonfishmarket.com. These Terms of Service (“Terms”) apply to your access to and use of: (i) our website and all associated webpages, websites, and social media pages (the “Website”) provided by FFM, and (ii) our online services (including the Website, the “Services”), including those making available products for purchase, including fresh, frozen, and tinned seafood (the “Products”).
By browsing the Website or using the Services including by purchasing Products available on the Website, you agree to these Terms and shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern your use of the Website and the Services. All rights not expressly granted herein are reserved by FFM and its licensors.
BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL USING THE SITE AND TO ANY SUCH ORGANIZATION.
THE SECTION BELOW TITLED “AGREEMENT TO ARBITRATE” CONTAINS A BINDING, MANDATORY ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
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CHANGES
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Products and Services.
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INFORMATION
You may provide certain information to FFM in connection with your access or use of our Products or Services, or we may otherwise collect certain information about you when you access or use our Products or Services. You agree to receive emails, SMS or text messages, and other types of communication from FFM via the Products or Services using the email address or other contact information you provide in connection with the Products or Services. You represent and warrant that any information that you provide to FFM in connection with the Products or Services is accurate.
For information about how we collect, use, share and other process information about you, please see our Privacy Policy.
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ACCOUNTS
You may be required to create an account with FFM in order to use some or all of our Services, including to purchase Products. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for any and all use of your account, including any Transactions made using your account.
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TERMS OF SALE
The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). All Product purchases through the Website, or otherwise facilitated by FFM, are legally binding transactions. By purchasing a Product through the Services (a “Transaction”), you agree to the terms set forth in this Section 4.
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Eligibility. To complete your purchase, you must have a valid billing and shipping address within the 48 contiguous states and DC.
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Back Orders. FFM does not accept and/or process back orders. If one or more items on your order are not in-stock and/or not available, FFM will use commercially reasonable efforts to locate the item or a suitable alternative, or that item will be removed from the order and the balance of the order will be shipped.
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Restrictions. FFM may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. FFM reserves the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
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Price. Prices shown on the Website exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Website are subject to change at any time without notice. FFM does not collect taxes on merchandise shipped to a jurisdiction in which FFM does not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Website.
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Payment. If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a Transaction. FFM may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your Transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
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Shipping; Delivery. Products will be shipped to an address designated by you. FFM will select the shipping method. You will pay all shipping and handling charges specified during the ordering process. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You will receive tracking numbers for orders. Any shipping dates provided are approximate and not guaranteed. FFM is not liable for any delays in shipments. You are responsible for any charges, penalties and or fees imposed by shipping companies resulting from incorrect shipping information and FFM will have no responsibility to file any claims or take any other action in connection with any damages and/or lost shipments. Any order cancellations or changes must be communicated by the order cut-off time via the Website or as otherwise directed by FFM. FFM will use commercially reasonable efforts to honor order cancellations or changes, but cannot guarantee changes to an order after submittal.
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Subscriptions. Your purchase of certain Products may allow enrollment in a payment plan involving automatic renewal (a “Recurring Subscription”). If you purchase such a Product via Recurring Subscription, you authorize FFM to maintain your account information and charge that account automatically upon the renewal with no further action required by you. Your Recurring Subscription will automatically renew unless you cancel it. In the event that FFM is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, FFM may in its sole discretion (i) bill you for your Products or Services and suspend your access to the Products or Services until payment is received or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. You may cancel a Recurring Subscription at any time through your account, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Products through the end of your current subscription period. FFM may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your receipt of the applicable Products will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least three days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and FFM will charge your on-file payment card or method on the first day of the renewal of the subscription period.
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Order Delays; Cancellation. FFM reserves the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Website or made in connection with your order or inaccuracies in Product or pricing information or Product availability, FFM reserves the right to correct the error and charge you the correct price or cancel your order. FFM will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the distribution of a certain Product may be delayed. In such event, FFM will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
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Refunds and Exchanges. Refunds will be subject to FFM’s applicable Refund Policy. Refunds will be made to the same method of payment and account used to place the order. FFM does not accept exchanges or returns of Products, and may require photographic evidence of any complaints. FFM attempts to ensure that all Listings are as complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. Such Listings and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. FFM makes reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and FFM cannot guarantee that your computer will accurately display such colors. If a Product is not as described, your sole remedy is to request a credit or refund of the funds actually paid for such Product. Determination of credits or refunds will be made by FFM.
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YOUR LIMITED RIGHTS
Subject to your compliance with the Terms, and solely for so long as you are permitted by FFM to use the Website, you may access and use the Website in accordance with these Terms solely for your personal, non-commercial use.
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COMPANY’S PROPRIETARY RIGHTS
FFM owns the Website, which is protected by proprietary rights and laws. FFM is the owner or licensee of certain trademarks, service marks and logos (registered and unregistered) (the “FFM Trademarks”). Other product and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FFM. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use the FFM Trademarks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by FFM. All goodwill generated from the use of the FFM Trademarks will inure to our benefit. The Website contains materials, such as Product descriptions, Product photos and titles, list prices and other materials provided by FFM (“FFM Content”). As between FFM and you, all FFM Content is owned exclusively by FFM.
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FEEDBACK
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials (e.g., recipes), or other information about FFM or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, or Products or Services, or to improve or develop new products, services, or the Products or Services in FFM’s sole discretion. FFM will exclusively own all improvements to, or new, FFM products, services, or Products or Services based on any Feedback. You understand that FFM may treat Feedback as nonconfidential.
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ACCEPTABLE USE POLICY
In connection with the Services, you will not: (a) use the Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful; (b) reverse engineer, decompile or disassemble any portion of the Services; (c) engage in, encourage, or promote any activity that violates these Terms; (d) violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort; (e) link to any online portion of the Products or Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by FFM; or (f) interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services.
Enforcement of this Section is solely at FFM’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the Services or FFM Content in compliance with these Terms or that may impair or interfere with the integrity, functionality, or performance of all or any part of the Services or FFM Content in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any unauthorized or prohibited activities is also expressly prohibited and is a violation of these Terms.
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ADVERTISEMENTS ON THE WEBSITE
FFM, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its products or services by FFM. Your correspondence or any other dealings with advertisers found on the Website are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website.
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PROMOTIONS
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
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TERMINATION
We may terminate or suspend your account with us, these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Products or Services at any time without prior notice or liability. We are not responsible for any loss or harm related to your inability to access or use our Products or Services. Any provisions of these Terms that are intended to survive termination (including without limitation Sections 6-18) will continue in effect beyond any termination of these Terms or of your access to or use of the Products or Services.
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WARRANTY DISCLAIMER
FFM, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “FFM PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE SERVICES AND THE CONTENT THEREIN INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF OUR WEBSITE, SERVICES AND ANY CONTENT PROVIDED THEREIN IS AT YOUR SOLE RISK. WHILE FFM ATTEMPTS TO MAKE YOUR USE OF SERVICES AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES. THE SERVICES, AND THE CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND.
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LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE FFM PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE FFM PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF FFM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN CONNECTION WITH THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE TERMS) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
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INDEMNITY
To the fullest extent permitted by applicable law, you will defend, indemnify and hold the FFM Parties harmless from and against any and all claims, losses, liabilities, demands, damages, and expenses (including attorneys’ fees) arising out of or related to: (i) your access to or use of the Products or Services; (ii) your Feedback; (iii) your breach of these Terms; (iv) your conduct in connection with the Services; or (v) your violation of any third party right including, without limitation, any intellectual property right, privacy right, or right of publicity. You will promptly notify FFM Parties of any third party claims, cooperate with FFM Parties in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including attorneys’ fees). We reserve the right to assume the exclusive defense and control of any third party claims at our sole option. In such case, you agree to cooperate with any reasonable requests assisting our defense.
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DIGITAL MILLENNIUM COPYRIGHT ACT
FFM will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (DMCA) for the receipt of any Notification of Claimed Infringement which may be given under the DMCA is as follows:
FFM Digital Enterprises Corp.
The New Fulton Fish Market
800 Food Center Drive, Unit 4
Bronx, NY 10474
customerservice@fultonfishmarket.com
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act under 17 U.S.C. §512(c)(3)
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AGREEMENT TO ARBITRATE
These Terms are governed by the laws of the United States (including federal arbitration law) and the State of New York, without respect to its conflict of law provisions, regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT AND INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, ALL DISPUTES ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES OR PRODUCTS (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT FFM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.
YOU AGREE THAT ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this Section or any other provision of the Terms or in the JAMS Comprehensive Arbitration Rules and Procedures, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
All Disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures applicable to consumers. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.com. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you live. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Payment of all filing, administration and arbitrator fees and costs will be governed by the JAMS’ rules and governing law, except that FFM will pay such fees and costs (excluding reasonable attorneys’ fees) for you for claims totaling less than $20,000 unless the arbitrator determines that the claims are frivolous. FFM will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous.
In the event that this Section 16 is found not to apply to you or any Dispute (other than claims brought in small claims court or intellectual property infringement claims), you and FFM agree that any judicial proceeding (other than small claims actions) will be brought in a federal or state court located in New York County, New York. Both you and FFM consent to venue and personal jurisdiction there.
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QUESTIONS
Questions or comments regarding this Website and/or the Services, including any reports of non-functioning links, should be submitted using our email address customerservice@fultonfishmarket.com or via U.S. mail to:
FFM Digital Enterprises Corp.
The New Fulton Fish Market
800 Food Center Drive, Unit 4
Bronx, NY 10474
We will use commercially reasonable efforts to respond in a timely manner. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
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MISCELLANEOUS
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and FFM. If any portion of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. The failure of FFM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our express prior written consent. We may transfer or assign any or all of our rights or obligations under these Terms without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in the Terms shall be construed as if followed by the phrase “without limitation.” The Terms, including any terms and conditions incorporated herein, is the entire agreement between you and FFM relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and FFM relating to such subject matter. Notices to you (including notices of changes to the Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FFM will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.