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| Terms of Use |
These are the terms
and conditions governing your use of the website TheLobsterBox.com and
constitutes your binding obligations towards The Lobster Box the owner
of the Site ("Terms and Conditions”) and may amend the Terms
and Conditions at any time by posting the amended terms on the Site. All
amended terms shall automatically become effective immediately after they
are posted on the Site and any subsequent use of the Site shall be governed
by such amended terms. You are advised to regularly check the Terms and
Conditions for any amendments or updates. If any of the Terms and Conditions
shall be deemed invalid, void or for any reason unenforceable, such Terms
and Condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining Terms and Conditions.
The information contained on this Site is an “invitation to offer”.
Your order for purchase of goods constitutes your “offer” which
is subject to the conditions listed below. On receipt of your “offer”,
The Lobster Box will have the discretion to accept or reject your “offer”.
Once your “offer” is accepted, the acceptance will constitute
a binding contract between yourself and The Lobster Box.
The terms and conditions which will have deemed to have been accepted
when communicating your “offer” are as under:
1. If you choose Credit Card as the mode of payment, your name as purchaser
is the same as the name appearing on your Credit Card with which you are
making payment for the purchases.
2. The delivery slip showing acceptance of the package by courier will
be proof of acceptance of the products ordered by you.
3. The address at which delivery of the product ordered by you are to
be made should be correct and proper in all respects.
Disclaimer
The Lobster Box makes no representations or warranties of any kind, express
or implied, as to the operation of the site, the information, content,
materials or products, included on this site. To the full extent permissible
by applicable law, The Lobster Box disclaims all warranties, express or
implied, including but not limited to, implied warranties of merchantability
and fitness for a particular purpose. The Lobster Box will not be liable
for any damages of any kind arising from the use of this site or any of
the products offered, including but not limited to direct, indirect, incidental,
punitive and consequential damages.
Trademarks
All designated trademarks & brands are the property of their respective
owners.
Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality
of your account and Password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or Password.
You agree to:
(a) Provide true, accurate, current and complete information about yourself
as prompted by The Lobster Box registration form (such information being
the “Registration Data”) and (b) Maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete or The Lobster Box has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or
not in accordance with the Terms and Conditions, The Lobster Box has the
right to indefinitely suspend or terminate your account and refuse to
provide you with access to the Site.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by email. 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.
Use of the Site
(1) You must be 18 years or older to use this site. If you do not qualify,
please do not use our services.
(2) No Warranty
The Lobster Box provide the product and services “as is” and
without any Warranty or condition, express, implied or statutory and specifically
disclaim any implied Warranties of title, merchantability, fitness for
a particular purpose and non-infringement. You expressly agree that your
use of the website The Lobster Box is at your sole risk.
(3) Limitation of Liability
In no event shall The Lobster Box be liable for any direct, indirect,
incidental, special, incidental, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses arising out of or in connection with The Lobster
Box its services or this agreement (however arising, including negligence).
The Lobster Box liability in any circumstance is limited to the amount
of money, if any, paid by you to The Lobster Box. The Lobster Box, its
associates and technology partners make no representations or warranties
about the accuracy, reliability, completeness, currentness and/or timeliness
of any content, information, text, graphics, links or communications provided
on or through the use of The Lobster Box or that the operation of The
Lobster Box will be error free and/or uninterrupted. Consequently, The
Lobster Box assumes no liability whatsoever for any monetary or other
damage suffered by you on account of:
(i) The delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of The Lobster Box and/or
(ii) Any interruption or errors in the operation of The Lobster Box.You
expressly understand and agree that The Lobster Box shall not be liable
for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if The Lobster Box has been
advised of the possibility of such damages).
(4) Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of the Terms and Conditions
or the documents it incorporates by reference, or your violation of any
law or the rights of a third party.
(5) Relationship
None of the provisions of the Terms and Conditions shall be deemed to
constitute a partnership or agency between you and The Lobster Box and
you shall have no authority to bind The Lobster Box in any manner whatsoever.
(6) Arbitration
If any dispute arises between you and The Lobster Box during your use
of The Lobster Box or thereafter, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the Terms and Conditions,
the dispute shall be referred to a sole Arbitrator who shall be an independent
and neutral third party identified by The Lobster Box. The place of arbitration
shall be California. The arbitration proceedings shall be in the English
language.
(7) Applicable Law
This site is created and controlled by The Lobster Box in Long Beach,
California; as such the laws of California shall apply; courts in California
shall have jurisdiction in respect of all the terms, conditions and disclaimers.
The Lobster Box reserves the right to make changes to the site and the
terms, conditions and disclaimers.
Questions
If you have questions, please contact us at support@thelobsterbox.com.
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