Welcome to LobsterAnywhere (a service of LobsterAnywhere.com, Inc.) and our Terms of Service (these “Terms”). LobsterAnywhere provides its services to you subject to the following terms and conditions. If you visit or shop at LobsterAnywhere, you accept these conditions. Please read them carefully.
Effective Date: January 1, 2019
License and Site Access
LobsterAnywhere grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LobsterAnywhere. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LobsterAnywhere. 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 LobsterAnywhere without express written consent. You may not use any meta tags or any other “hidden text” utilizing LobsterAnywhere ‘s name or logos without the express written consent of LobsterAnywhere.com, Inc. Any unauthorized use terminates the permission or license granted by LobsterAnywhere. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LobsterAnywhere so long as the link does not portray LobsterAnywhere, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LobsterAnywhere logo or other proprietary graphic as part of the link without express written permission.
Comments, Communications, and Other Content
Visitors may post comments; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LobsterAnywhere reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant LobsterAnywhere a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LobsterAnywhere and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LobsterAnywhere for all claims resulting from content you supply. LobsterAnywhere takes no responsibility and assumes no liability for any content posted by you or any third party.
If you use this site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including any credit card charges.
Availability to U.S. Residents
Our site intended only for the use of persons residing in the United States, and for delivery of products and services within the United States, and LobsterAnywhere makes no representations that the Site is appropriate or available for use outside the United States. The SITE may describe products and services that are available only in the United States (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of our Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that 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 the Site.
Use of Discount Offers & Coupons
Use of LobsterAnywhere coupons or discount offers are subject to certain terms, conditions and restrictions including, but not limited to the following:Limit of one coupon or discount offer per order.Not valid with any other offer.Void if transferred or reproduced. No cash value
You may only purchase gift certificates for the Services through www.LobsterAnywhere.com. LobsterAnywhere may place limitations on the minimum of maximum value of gift cards that we make available. You may not use a gift certificate to purchase additional gift certificates. Promotional codes, discounts or other promotions are not applicable to the purchase of gift cards. Gift certificates expire 3 years from the purchase date.
Gift certificates have no cash value, and are not redeemable for cash or other credit to payment methods. Gift certificate purchases are non-refundable. If your gift certificate malfunctions or fails to work, your sole remedy is a replacement gift certificate. You will receive your gift certificate by e-mail within 24 hours of making your purchase. Each gift certificate comes with its own alphanumeric code, which will be sent to the e-mail address you designate as the recipient of the gift certificate.
After using the alphanumeric code on a gift card for purchase of products on LobsterAnywhere.com, the amounts on the gift card will automatically be applied to purchases until the money on the card is exhausted. LobsterAnywhere may require the entry of a payment card or payment method in addition to a gift certificate to ensure that a sale using a gift card is completed, such as in the event of extra shipping charges.
After purchase, you are responsible for the security of the gift certificate and its code, including responsibility for use of the gift certificate by others. LobsterAnywhere is not responsible if someone uses your gift certificate code without your permission.
In addition to its other remedies, LobsterAnywhere may cancel a gift certificate, an order for a gift certificate or the use of a gift certificate if it suspects or discovers fraud.
Receive a referral credit towards a future purchase (the “Credit”), exclusive of taxes, shipping and delivery, when a friend or family member’s first purchase on LobsterAnywhere.com ships, provided that (i) such purchase was made as a result of an invitation or sharing products from you and (ii) your invitation was sent through a LobsterAnywhere.com authorized channel (LobsterAnywhere’s website, Facebook or other social media channel supported by LobsterAnywhere).
Our Intellectual Property
LobsterAnywhere’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of LobsterAnywhere. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) is protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of LobsterAnywhere or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of LobsterAnywhere and/or its licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Data Collection and Use
Links and Third-Party Content
The Services may contain links. Such links are provided for informational purposes only, and LobsterAnywhere does not endorse any website or services through the provision of such a link.
The Services may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties. LobsterAnywhere does not endorse any third-party content that may appear on the Services, or that may be derived from content that may appear on the Services, even if LobsterAnywhere summarized, collected, reformatted or edited that content.
Risk Of Loss
All items purchased from LobsterAnywhere 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.
LobsterAnywhere attempts to be as accurate as possible. However, LobsterAnywhere does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
Policies for Children
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY LobsterAnywhere.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. LobsterAnywhere MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LobsterAnywhere DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LobsterAnywhere DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LobsterAnywhere ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LobsterAnywhere WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting LobsterAnywhere, you agree that the laws of the state 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 LobsterAnywhere or its affiliates.
Any dispute relating in any way to your visit to LobsterAnywhere or to products you purchase through LobsterAnywhere shall be submitted to confidential arbitration in Massachusetts, except that, to the extent you have in any manner violated or threatened to violate LobsterAnywhere’s intellectual property rights, LobsterAnywhere may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.