Terms/Privacy Policy

Terms and Conditions of Use of the IVAR’S (Ivars.com) Web Site

Please Carefully Read the Following Terms and Conditions

Use of the pages in the IVAR’S Web Site is dependent on your agreement to the following terms and conditions. If you do not agree to these terms and conditions, you should not use this site.

Restrictions on Use

All material from www.ivars.com (the “Site”) and any other web site which is owned operated, licensed, or controlled by IVAR’S, INC. (IVAR’S) may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal web browsing without prior written consent of IVAR’S, INC. The material in this Site is provided for lawful purposes only and any other use or modification of the materials found in this site violates the intellectual property rights of the IVAR’S INC. Any material that is downloaded from our Site, including but not limited to files, data and images, will be deemed to be licensed to you by IVAR’S, INC. IVAR’S, INC retains full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials in this site in any manner inconsistent with these terms and conditions.

Restriction of Liability

IVAR’S INC does not make any guarantee as to the accuracy of this Site or of any other site that is owned, operated, licensed, or controlled by IVAR’S, INC.  IVAR’S, INC reserves the right to make changes or corrections from time to time without notice or obligation. IVAR’S, INC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; ANY WARRANTY, EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. All materials are provided in this site "AS IS" and "WITH ALL FAULTS." Some states do not allow limitations on implied warranties, so the above disclaimer may not apply to you.

UNDER NO CIRCUMSTANCES SHALL IVAR’S, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THIS SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. IN SUCH CASE IT IS UNDERSTOOD AND AGREED THAT IVAR’S, INC.'S TOTAL LIABILITY AND USER'S SOLE REMEDY, FOR ALL DAMAGES AND CAUSES OF ACTION WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT YOU (THE USER) PAID TO ACCESS THIS SITE.

Links to Third Party Sites

The www.ivars.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of www.ivars.com and www.ivars.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.ivars.com is not responsible for webcasting or any other form of transmission received from any Linked Site. www.ivars.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.ivars.com of the site or any association with its operators.

Trademark Information

The following trademarks are registered to IVAR’S, INC. in the U.S.A.:

Ivar’s

Ivar’s, Inc.

Ivar’s Since 1938

Ivar’s Seafood Bar(s)

Ivar’s Acres of Clams

Ivar’s Salmon House

Ivar’s Mukilteo Landing

Ivar’s Seafood, Soup and Sauce’s

Keep Clam

Two Spoon

Bigfoot Hot Dogs

12th Clam

Spirit Bay

Grounders World Famous Garlic Fries

Kidd Valley
Clam-Hattan


These trademarks are the sole property of IVAR’S INC. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission of IVAR’S INC.

Copyright

Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code). Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished according to the laws as stated in Title 17, U.S. Code.

All contents of this Site are Copyright © 2013 IVAR’S, INC., 1001 Alaskan Way, Seattle, WA 98104. All rights reserved.

Disclaimer

IVAR’S, INC. is a Washington Corporation.

 

No person or entity other than IVAR’S, INC. has made any representations of any kind with regard to the performance of and/or capacity to perform IVAR’S, INC.’s obligations. The only parties against which you may seek damages or any remedies for any claim, including but not limited to, fraud, breach of contract, unjust enrichment, unfair trade practices, or any other theory of recovery of any kind or nature, is IVAR’S, INC. You are advised to conduct your own independent research into IVAR’S, INC. prior to making a decision to enter into an agreement, franchise, relationship, or other business venture with IVAR’S, INC.

 

You expressly agree that there will not be any liability on the part of (a) its shareholders, directors, officers, employees and/or agents, and/or (b) any persons and entities who are the owners, directors, officers, employees, and/or agents of IVAR’S, INC. This exculpation of liability shall be absolute and without any exception whatsoever.


IVAR’S WEBSITE PRIVACY POLICY

Your privacy is very important to us. This Privacy Policy discloses how IVAR’S collects, protects, uses and shares Personal Information gathered about you. All Personal Information is collected in a fair and non-intrusive manner, with your voluntary consent. Personal Information is not accessible to anyone outside the specific function for which it is collected. IVAR’S respects the privacy of our IVAR’S Restaurant job applicants, agents, IVAR’S customers and other visitors to our websites who may choose to provide Personal Information. We recognize the need for appropriate protection and management of Personal Information that you provide to us. This Privacy Policy will assist you to understand what types of information we may collect, how that information may be used, and with whom the information may be shared.

This Privacy Policy explains IVAR’S practices regarding the information collected online from users of the IVAR’S website located at www.ivars.com.

In an effort to comply with the law, and our commitment to protect your Personal Information, we provide the following, which discloses our policies.

What type of information do we collect?

Personal Information is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to a Social Security Number and/or Identification Number (hereinafter “SSN/I.N”) or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Personal Information shall include but is not limited to: name, home address, home telephone number, e-mail address, SSN/I.N., financial information and employment related information such as may be found on resumes, applications, background verification information, or in employment references.

IVAR’S takes measures to maintain the confidentiality of your SSN/I.N. to protect your SSN/I.N from unlawful disclosure, and to limit access to your SSN/I.N. IVAR’S will not make your SSN/I.N available to the general public, print your SSN/I.N on any card, require you to provide your SSN/I.N to access any products or services, transmit your SSN/I.N over the Internet unless the connection is secure or your SSN/I.N has been encrypted, or requires the transmittal of your SSN/I.N to access our Website without requiring additional authentication.

Non-Personal Information is information that is already a matter of public record or knowledge. Business contact information is considered non-Personal Information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: business name, business address, business telephone number.

We will never collect sensitive Personal Information except to comply with Affirmative Action data requirements. Sensitive Personal Information can include but is not limited to: information pertaining to gender, disabilities, and veteran status.

Children and Data Collection

IVAR’S adheres to the federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”). We care about the safety of children. We will not knowingly allow anyone under 13 to provide us any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at webmail@keepclam.com. We will use reasonable efforts to promptly delete the child's information from our servers.

Collection of Personal Information by Ivar’s

General. IVAR’S collects Personal Information (that is, information such as your full name, e-mail address, mailing address or telephone number) in order to create or enhance our relationship with you. When we collect Personal Information from you, it is because you voluntarily submitted the information to us in order to participate in activities, such as sweepstakes, contests, games, surveys, forums, subscription registrations, in connection with content or suggestions you submit to us, chats or bulletin boards, or because you want us to furnish you with products, services or information. We may also obtain Personal Information from reputable third parties.

 

Cookies. "Cookies" are small bits of information that the IVAR’S website places on the hard drive of your computer. Cookies remember information about your activities on the site to make your visits to our website more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our website.

 

A cookie cannot read your personal data on your hard disk or read cookie files created by other websites. The only Personal Information a cookie can contain is information you supply as a visitor to our website. By accepting the cookies used on our website, you agree to give us access to information about your browsing behavior while on our website. We use this information to remember your personal preferences as well as to track overall user traffic patterns. We do this to determine whether the architecture of our website meets our guest's needs and the usefulness of the content of the website to our guests. You may set the preferences in your internet browser to disable (block) or enable (accept) cookies. You can program your computer to warn you each time a cookie is being sent by a website to your computer's hard drive or to refuse cookies completely.

 

If you've chosen to disable cookies on your browser, some of the functionality of our website may be lost. Certain other web pages that IVAR’S produces, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.

Notice: Ivar’s will provide you with notice about its Personal Information collection practices

When you voluntarily provide Personal Information to IVAR’S, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses we will make of the information.

At the time you provide your Personal Information, IVAR’S will notify you of your options regarding our use of your Personal Information, including whether we may share it with outside companies (See "Choice" below). This Policy describes the types of other companies that may want to send you information about their products and services and that may want us to share your Personal Information with them, provided you have given IVAR’S your affirmative consent to do so (See "Use" below).

Sometimes we collect personally identifiable information from consumers in manual format or off-line, such as a post card or a paper Carte Clam/Yacht Club enrollment form. Providing detailed notice of this Policy in those situations often proves impractical, so in those situations, we may provide guests with a short notice that describes how to obtain from us the full text of this Policy and other relevant information.

IVAR’S websites may be linked to Internet sites operated by other companies. Some of those third party websites may be co-branded with an IVAR’S logo, even though we do not operate or maintain those third party websites. IVAR’S website may also carry partner messages from other companies. IVAR’S is not responsible for the privacy practices of websites operated by third parties that are linked to our website. Neither are we responsible for the privacy practices of third party or national Internet advertising companies. Once you've left the IVAR’S website via such a link or by clicking on a message, you should check the applicable privacy policy of the third party or advertiser website to determine how they will handle any Personal Information they collect from you.

Choice: Ivar’s will provide you with choices about the use of your Personal Information

IVAR’S will not use the Personal Information you provide to us for purposes different from the purposes we told you about when you submitted your Personal Information. Neither will we share your Personal Information with third parties who are not our business partners or otherwise not affiliated with IVAR’S, unless we obtain your affirmative consent to do so.

Use: Ivar’s use of Personal Information

IVAR’S will use your Personal Information that you provide us under this Policy in a manner that is consistent with this Policy. If IVAR’S obtains Personal Information from a third party, such as a business partner, our use of that information is governed by this Policy. If IVAR’S materially changes its use of Personal Information under its Privacy Policy, your Personal Information will continue to be governed by the Policy under which your Personal Information was collected unless you consent to the change in IVAR’S's Privacy Policy.

IVAR’S may share your Personal Information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with IVAR’S). Provided you have given us your affirmative consent to our doing so, we may also share your Personal Information with parties who advertise their products and services on our website and with our franchisees who are not affiliates of IVAR’S but would like to send you information about their products and services. For example, IVAR’S may offer a sweepstakes or contest in conjunction with a co-sponsor that may have special offers or promotions that might be of interest to IVAR’S guests. However, in those circumstances, you will have the opportunity to instruct us not to share your information with third parties when we collect Personal Information from you. Moreover, we will never share your credit card information with third parties except those third parties that IVAR’S uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through IVAR’S's website.

 

IVAR’S's team members, agents and contractors must have a legitimate business reason to obtain access to your Personal Information. IVAR’S may share your Personal Information with outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses), but they may use your Personal Information only to provide IVAR’S with a specific service and not for any other purpose.

There may be instances when IVAR’S may disclose Personal Information without providing you with a choice in order to protect the legal rights of IVAR’S, other affiliated companies or their employees, agents and contractors; to protect the safety and security of visitors to our website; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if IVAR’S sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, IVAR’S may transfer your Personal Information to a third party as part of that transaction.

 

Security: Ivar’s protects the security of Personal Information

IVAR’S uses commercially reasonable administrative, technical, personnel and physical measures to safeguard Personal Information in IVAR’S's possession and control against loss, theft and unauthorized use, disclosure or modification. In addition, IVAR’S uses reasonable methods to make sure that Personal Information is accurate, up-to-date and appropriately complete. IVAR’S encrypts passwords and other sensitive information both in transit and when stored within IVAR’S's online databases.

Access: How to access, correct or delete your Personal Information

IVAR’S has implemented the following procedure that you may use to access, correct or delete your Personal Information.

• If you would like to know the types of information that IVAR’S collects from visitors to its website, please send your request to webmail@keepclam.com or write to IVAR’S at:

Attn: Privacy Officer
Ivar’s Inc
1001 Alaskan Way, Seattle, WA 98104

• If you would like to know whether IVAR’S has collected Personal Information about you and what Personal Information we have collected, please send us the activities that you participated in on our website that requested Personal Information. After reviewing the relevant databases, we will confirm whether we have collected such information about you and provide a list of your Personal Information that we have on file.

• If your Personal Information is incorrect, you may correct the Personal Information by sending a written request for correction to IVAR’S's Privacy Officer at the address above. Your request must include (1) all of the incorrect Personal Information that you wish to change, (2) the corrected Personal Information, and (3) your signature authorizing such changes. IVAR’S will then correct the Personal Information in our database and send a written or email confirmation to you.

• If you wish to stop all future communications from IVAR’S, please contact IVAR’S's Privacy Officer, requesting that we permanently remove your Personal Information from any IVAR’S database. We will send you a written or email confirmation of such removal. However, there may be residual information that will remain within our databases that may or may not contain Personal Information. We will not give that residual information to any third party or use that residual information for any commercial purpose.

Remedies and Compliance: How to contact Ivar’s about privacy concerns

If you have questions or concerns regarding our collection and use of your Personal Information or any other privacy issues, please contact:

Ivar’s Inc.
1001 Alaskan Way
Seattle, WA 98104
Attention: Privacy Officer
Telephone: (206) 587-6500
Facsimile:(206) 624-4895
Email: webmail@keepclam.com