IMPORTANT: PLEASE READ CAREFULLY Effective Date: May 7, 2019.
YOUR USE OF OUR SITES IS GOVERNED BY THESE TERMS OF USE
These Maine Lobster Marketing Collaborative Website Terms of Use (these “Terms of Use”) apply to the websites and web pages owned by Maine Lobster Marketing Collaborative that include a link to this document (collectively, the “Sites”). The Sites are operated by Maine Lobster Marketing Collaborative and its affiliates (“Maine Lobster”). Throughout the Sites, the terms “you,” “yourself,” “your,” and “user” refer to you, the user; the terms “we,” “us” and “our” refer to Maine Lobster. Maine Lobster offers the Sites, including all information, applications, tools, and services available on or from the Sites, to you, the user, conditioned upon your acceptance of all the terms and conditions stated herein. Your use of any Site constitutes your agreement to these Terms of Use for all Sites. IF THESE TERMS OF USE ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES.
CHANGES TO THESE TERMS OF USE
Maine Lobster may revise and update these Terms of Use (in whole or in part) from time to time in its sole discretion by updating these Terms of Use on the Sites. All changes are effective immediately when we post them, and apply to your access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use constitutes your acceptance and agreement to the changes. You are expected to and agree to check these Terms of Use frequently so you are aware of any changes, as they are binding on your continued use of the Sites.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to Maine Lobster that you will use the Sites in accordance with (i) these Terms of Use and (ii) applicable laws, rules and regulations.
LIMITED USE LICENSE
Subject to these Terms of Use, Maine Lobster grants you a revocable, limited, non-exclusive, personal and nontransferable license to (as applicable to any of the Sites): (a) use the Sites for your personal, non-commercial use; and (b) access, stream, download, and/or use the content and services made available in or otherwise accessible through the Sites, strictly in accordance with these Terms of Use. Maine Lobster reserves the right, in its sole discretion, to suspend, limit and/or terminate your access to or use of the Sites at any time without notice. Such suspension, limitation or termination of your access or use will not waive or affect any other right or relief to which Maine Lobster may be entitled at law or in equity.
Except as expressly permitted in these Terms of Use or on the Sites, you shall not (i) copy any image, text or other information from the Site; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of any Site; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Site or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Site or Third Party Materials (as defined below), including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Site, or any features, content or functionality of any Site, to any third party for any reason; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites; (vii) use contact information provided on the Sites for unauthorized purposes, including marketing; (viii) use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites; (ix) make any unauthorized commercial use of any of the Sites or their content, including making any collection or use of any product listings, descriptions, prices, or images; (x) conduct fraudulent activities on any Site (including, but not limited to, misrepresenting the identity of a user, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with any Site); (xi) use any Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity; or (xii) interrupt or attempt to interrupt the operation of the Sites in any way (as determined by Maine Lobster in its sole discretion) (collectively, (i)-(xii) the “License Restrictions”).
You acknowledge and agree that the Sites and its content are provided under a limited license, and not sold, to you. You do not acquire any ownership interest in the Sites and any portion thereof (including, but not limited to, its content) under these Terms of Use, or any other rights thereto other than your right to make limited use the Sites and any portion thereof (including, but not limited to, its content) in accordance with these Terms of Use.
Trademarks, names, logos, product and service names, designs and slogans on the Sites are trademarks of Maine Lobster, its affiliates, licensors, service providers, or other third parties. Nothing herein or on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission. The Sites and all of their content, including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are each protected as a compilation under the copyright laws of the United States and other countries. Maine Lobster, its affiliates, licensors, and service providers (as applicable) reserve, and shall retain, their entire right, title, and interest in and to the Sites, including, but not limited to, all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
THIRD PARTY MATERIALS
The Sites may display, include, or make available, through links or otherwise, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (such as social media), including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Maine Lobster is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Maine Lobster does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Your use of and interactions with Third Party Materials is not governed by these Terms of Use, but by the terms of use of the applicable Third Party Materials. THIRD PARTY MATERIALS AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK.
INFORMATION AVAILABLE ON THE SITES
Advertised items on the Sites may not be available at all times and in all locations.
Maine Lobster is not responsible if information made available on the Sites is not accurate, complete, or current. The material on the Sites 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 timelier sources of information. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor the Sites for any updates or changes.
COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, and/or use the Sites, Maine Lobster may use automatic means (including, for example, cookies and web beacons) to collect information about you and about your use of the Sites. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Sites or certain of its features or functionality, and the Sites may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Sites is subject to our Privacy Policy available at the following link: https://lobsterfrommaine.com/privacy-policy/. By downloading, installing, using, and/or providing information to or through the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
MATERIALS SUBMITTED BY YOU
You acknowledge that you are responsible for any material you may submit via the Sites (including any Third Party Materials and/or components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through social media), including the legality, reliability, appropriateness, originality and copyright of any such material. Without limiting the License Restrictions and other provisions contained in these Terms of Use, you may not upload to, distribute or otherwise publish through the Sites any content that (a) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, unauthorized political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload unauthorized commercial content onto the Sites.
If you do submit material, and unless we indicate otherwise, you grant Maine Lobster an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media and for any purpose, including marketing. You further agree that Maine Lobster is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Maine Lobster via the Sites, Third Party Materials, or any other form of communication. You grant Maine Lobster the right to use the name and other identifiable information you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; and that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity.
HEALTH AND WELLNESS CONTENT
ANY HEALTH, COSMETIC, AND WELLNESS CONTENT PRESENTED ON THE SITES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. SUCH CONTENT IS NOT INTENDED TO REPLACE OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, NOR IS IT INTENDED AS A GUARANTEE OF IMPROVEMENT OF SPECIFIC CONDITIONS.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES AND ANY PART THEREOF IS AT YOUR SOLE RISK. THE SITES AND ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. MAINE LOBSTER, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS), YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAINE LOBSTER (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) OR THROUGH OR FROM THE SITES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) SHALL CREATE ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MAINE LOBSTER (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK, WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAINE LOBSTER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE, LINKS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, FORPERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR MAINE LOBSTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; [B] ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR (C) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SITES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MAINE LOBSTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MAINE LOBSTER. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
IF YOU ARE DISSATISFIED WITH THE SITES, ANY CONTENT ON THE SITES, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MAINE LOBSTER UNDER SUCH CIRCUMSTANCES FOR ALL LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Maine Lobster, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use or misuse of the Sites, (c) the content you supply, both solicited and unsolicited, and/or (d) your violation of any terms of use or similar terms offered by the owners or operators of any Third Party Materials.
Notwithstanding the foregoing, Maine Lobster retains the exclusive right to settle, compromise, and pay any and all claims. Maine Lobster reserves the right to assume the exclusive defense and control of any claims. You will not settle any claims without, in each instance, the prior written consent of an officer of Maine Lobster.
ELECTRONIC COMMUNICATIONS AND NOTICES
Maine Lobster may communicate with you via e-mail, postal mail, telephone, the Sites, and other services. We may issue, and you consent to receiving, notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, we will provide you with paper copies upon request.
You may communicate with Maine Lobster in accordance with the Contacting Maine Lobster Section of these Terms of Use.
GOVERNING LAW AND LIMITATION OF TIME TO FILE CLAIMS
All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Maine without regard to its rules of conflicts or choice of laws. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be brought only in a state or federal court located in Cumberland County, Maine. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree that any violation of the Limited Use License, or Materials Submitted by You, of these Terms of Use by you harms Maine Lobster, which cannot be fully redressed by money damages, and that Maine Lobster shall be entitled to immediate injunctive relief for such violation (in addition to all other remedies available at law, in equity or under these Terms and Conditions).
YOU AND MAINE LOBSTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
ENTIRE AGREEMENT
These Terms of Use and all other documents, policies, or agreements referenced herein constitute the sole and entire agreement between you and Maine Lobster with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.
SEVERABILITY
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Maine Lobster and you shall negotiate in good faith a valid provision in place of the invalid provision that most closely approximates the economic purpose and intent of the invalid provision.
WAIVER
No waiver by Maine Lobster of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Maine Lobster to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. To be valid, a waiver of any term or condition set forth in these Terms of Use must be contained in a signed writing by the waiving party.
CONTACTING MAINE LOBSTER
This website is operated by Maine Lobster Marketing Collaborative. You can contact us by writing to:
Maine Lobster Marketing Collaborative – 2 Union Street, Suite 204, Portland, ME 04101
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: info@lobsterfrommaine.com.