Cape Ann Lobstermen Conditions of Use
Last updated: May 13, 2020
Welcome to Capeannlobstermen.com. Rocky Neck Lobster Company II, Inc. doing business as Cape Ann Lobstermen and/or its affiliates (“Cape Ann Lobstermen”) provide website features and other products and services to you when you visit or shop at Capeannlobstermen.com, use Cape Ann Lobstermen products or services, or use software provided by Cape Ann Lobstermen in connection with any of the foregoing (collectively, “CAL Services”). Cape Ann Lobstermen provides the CAL Services subject to the following conditions.
By using CAL Services, you agree to these conditions. Please read them carefully.
When you use CAL Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other CAL Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any CAL Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cape Ann Lobstermen and protected by United States and international copyright laws. The compilation of all content included in or made available through any CAL Service is the exclusive property of Cape Ann Lobstermen and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CAL Service are trademarks or trade dress of Cape Ann Lobstermen in the United States and other countries. Cape Ann Lobstermen’s trademarks and trade dress may not be used in connection with any product or service that is not Cape Ann Lobstermen’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cape Ann Lobstermen.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, and your payment of any applicable fees, Cape Ann Lobstermen grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CAL Services. This license does not include any resale or commercial use of any CAL Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CAL Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Cape Ann Lobstermen. No CAL Service, nor any part of any CAL Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cape Ann Lobstermen. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cape Ann Lobstermen without express written consent. You may not use any meta tags or any other “hidden text” utilizing Cape Ann Lobstermen’s name or trademarks without the express written consent of Cape Ann Lobstermen. You may not misuse the CAL Services. You may use the CAL Services only as permitted by law. The licenses granted by Cape Ann Lobstermen terminate if you do not comply with these Conditions of Use or any Service Terms.
RISK OF LOSS
All purchases of lobsters or other physical items from Cape Ann Lobstermen are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Cape Ann Lobstermen does not accept returns, as live lobsters are perishable items.
Cape Ann Lobstermen attempts to be as accurate as possible. However, Cape Ann Lobstermen does not warrant that product descriptions or other content of any CAL Service is accurate, complete, reliable, current, or error-free.
With respect to items sold by Cape Ann Lobstermen, we cannot confirm the price of an item until you order, as the market price of lobsters is subject to change. Despite our best efforts, product may be mispriced. If the correct price of an item sold by Cape Ann Lobstermen is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
U.S. RESIDENTS ONLY
CAL Services are intended only for the use of persons residing in the United States and for delivery of products and services within the United States. Cape Ann Lobstermen makes no representations that this site is appropriate or available for use outside of the United States. Cape Ann Lobstermen may describe products and services that are available only in the United States (or only parts of it) and are not available worldwide. Cape Ann Lobstermen reserves the right to limit the availability of CAL Services to any person, entity, geographic area, or jurisdiction at any time and in Cape Ann Lobstermen’s sole discretion. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of capeannlobstermen.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CAL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL SERVICES ARE PROVIDED BY CAPE ANN LOBSTERMEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CAPE ANN LOBSTERMEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CAL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CAL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, CAPE ANN LOBSTERMEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPE ANN LOBSTERMEN DOES NOT WARRANT THAT THE CAL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL SERVICES, CAPE ANN LOBSTERMEN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CAPE ANN LOBSTERMEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CAPE ANN LOBSTERMEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CAL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CAL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT CONSUMING RAW OR UNDERCOOKED SHELLFISH MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS. THE CONSUMPTION, STORAGE, AND PREPARATION OF ANY LOBSTERS PURCHASED FROM CAPE ANN LOBSTERMEN SHALL BE AT YOUR SOLE RISK AND AT THE SOLE RISK OF ANYONE TO WHOM YOU PROVIDE LOBSTERS PURCHASED FROM CAPE ANN LOBSTERMEN. YOU ACKNOWLEDGE AND AGREE THAT LIVE LOBSTERS ARE VERY PERISHABLE AND FOR THAT REASON, YOU ACCEPT ALL RISK THAT LOBSTERS MAY SPOIL IF NOT PROMPTLY AND PROPERLY STORED AND PREPARED, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
Any dispute or claim relating in any way to your use of any CAL Service, or to any products or services sold or distributed by Cape Ann Lobstermen or through capeannlobstermen.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Cape Ann Lobstermen, 111 E. Main Street, Gloucester, MA 01930. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration and hearing shall be conducted in Essex County, Massachusetts, but you may choose to have arbitration conducted by telephone, based on written submissions or at another mutually agreed location if your claim is less than $10,000.00.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial, and the exclusive jurisdiction and venue in any such Civil Action shall be the United States District Court for the District of Massachusetts, or, if and only if said Federal Court lacks subject matter jurisdiction, the appropriate Massachusetts State Trial Court sitting in Essex County, Massachusetts. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any CAL Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cape Ann Lobstermen.
Rocky Neck Lobster Company II, Inc.
d/b/a Cape Ann Lobstermen
111 E. Main Street
Gloucester, MA 01930