Terms of use
Terms of Use
Welcome to anantucketsummer.com (the "Website"), owned and controlled by Anantucketsummer, LLC (the “Business”).
General use of Website
Before using the Website, please take some time to review the following basic terms and conditions (the “Terms of Use"). Visitors and customers to the Website (individually “User”, or collectively “Users”) may have their information collected under the Website, which would be subject to the Business’s Privacy Policy, which is incorporated herein by reference and included as part of the these Terms of Use. Use of the Website automatically binds Users to these Terms of Use. As the Terms of Use may be occasionally changed, amended or updated, Users are encouraged to review these Terms of Use from time to time in order to be informed of any material changes. In addition, the Business may modify or discontinue any part of the Website in its own discretion at any time. Any changes, amendments or updates to these Terms of Use become effective immediately. A User’s continued use of the Website following any such changes constitutes the User’s unconditional agreement to be bound by these Terms of Use, as amended. In the event that a User disagrees with any of the conditions encompassed within these Terms of Use, the Business respectfully requests that the User not use the Website.
Copyright, trademark and other intellectual property rights
Unless expressly noted or indicated otherwise, all trademarks, service marks, trade names, images, drawings, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and any other materials that appear on this Website, including the selection, arrangement and organization of the same (collectively, "Content") are subject to intellectual property rights or licenses, and rights of publicity and privacy, and are exclusively owned by the Business or otherwise licensed to the Business. The Business is the owner of all trademarks, service marks, logos, and trade names displayed on the Website. The Content and Marks displayed on the Website may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise modified, either in whole or in part, without express authorization of the Business. The Business reserves all rights not expressly granted herein and will aggressively enforce its intellectual property rights to the fullest extent of the law including criminal prosecution.
No License
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property rights of the Business.
Links to other websites and services
When using the Website, a User may occasionally find hyperlinks to other sites that are not owned by the Business. By display of these hyperlinks, the Business does not intend to advertise or endorse the businesses or owners of the linked sites. The Business is merely providing the hyperlinks as a convenience to Users. As such, the Business does not warrant, represent or assume any responsibility or liability for the accuracy, completeness or operation of any linked site, or the practices or privacy and other policies contained in any linked site (or any site contained in a linked site). If a User does access a hyperlink displayed on the Website, the User must review and abide by the Terms of User for the linked site.
Linking to the Website
If a User establishes, activates, or otherwise maintains a website that displays a link to the Website without the Business’ prior express authorization is prohibited. Any authorized links must comply with all applicable laws and regulations.
Colors
The Business will display its products on its Website in the colors in which the products are available so as to provide the most accurate depiction of the products that it offers for sale. However, due to color variations caused by different computer, the Business cannot guarantee that a user’s computer monitor's display of the color of any particular will be accurate.
Product Information
The Business will make all reasonable efforts to provide the most accurate and up-to-date information on this Website for Users. However, in the event that there is an error in the information about a product, a product’s availability, or product’s pricing, the Business reserves the right to correct any such inaccurate information without prior notice (including after a User has placed an order). The Business regrets and apologizes any inconvenience this may cause.
Personal Information Submitted Through the Sites
Submission of customers’ personal information through the Business’ website is governed by the Business’ Privacy Policy. Please access the Privacy Policy by clicking on the "Privacy Policy" link in the footer section of the Business’ Website. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.
Disclaimer
To the fullest extent possible under applicable law, the Website and all Content, Marks, information, products and services provided on the Website, are provided on an “as is, where is” and “as available” basis. The Business expressly disclaims any and all warranties, whether express or implied, implied warranties of merchantability, fitness for a particular purpose, or warranties arising by usage of trade, course of deadlines, or course of performance.
Limitation of Liability
THE BUSINESS SHALL IN NO EVENT BE LIABLE IN ANY MANNER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL, FOR DAMAGES INCURRED BY A USER OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THE USER’S ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE. THE USER ACKNOWLEDGES THAT THIS SECTION APPLIES TO ALL CONTENT, MARKS, AND PRODUCTS AVAILABLE, PROVIDED BY OR OBTAINED THROUGH THE WEBSITE.
Governing Law & Dispute Resolution
These Terms of Use are governed by the federal and local laws of the United States and the State of New York, without giving effect to its principles of conflicts of law which would result in the application of the substantive law of any other jurisdiction, and regardless of User’s location. Users hereby consent to the exclusive jurisdiction and venue of New York courts in all disputes arising out of or relating to the use of the Website. All disputes arising out of or related to these Terms of Use, or any aspect of the relationship between a User and the Business will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. USERS AGREE BY USE OF THE WEBSITE THAT THEY ARE WAIVING THE RIGHT TO TRIAL BY JURY. Class arbitrations and class actions are not permitted. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and may be conducted via teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines for whatever reason that an in-person hearing is required or more appropriate.
General Provisions
The Business may assign its rights and duties under these Terms of Use without notice to Users.
No joint venture, partnership, employment, or agency relationship exists between a User and the Business as a result of the Terms of Use or use of the Website.
These Terms of Use are subject to existing laws and legal process, and nothing contained herein will interfere with the Business’ right to comply with governmental, court and law enforcement requests or requirements relating to a User’s use of the Website or any information provided by the Business on the Website.
If any provisions within these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so as to allow these Terms of Use to remain enforceable and in full force and effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the Business and the Users with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Business and the Users with respect to the Website.
Contact Us
For any additional questions or concerns, Users may contact the Business at info@anantucketsummer.com.
This statement was last updated as of January 2021.