Terms Of Service

NANTUCKER SPIDER, LLC

TERMS OF SERVICE

 

Welcome to Nantucket Spider®!

 

Nantucket Spider® supports freedom of speech, both on and off the Internet. However, the goal of Nantucket Spider® is to provide you with access to the best quality products possible. To ensure a safe, non offensive environment for all of our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.

 

By purchasing any products from Nantucket Spider®, by using any of Nantucket Spider® services, or by accessing any areas of the NANTUCKETSPIDER.COM Website (“Website”), you agree to be legally bound and to abide by the terms and conditions set forth below.

 

Nantucketspider.com is owned and operated by Nantucket Spider, LLC, a Connecticut (USA) limited liability company. Any references herein to Nantucket Spider®, Nantucketspider.com, “we” or “us” shall be deemed to refer to Nantucketspider.com and/or Nantucket Spider® LLC, as applicable under the circumstances.

 

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

Note to Social Media Users.  When purchasing products from this Website, our LinkedIn profile or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service.  Please see the following pages for further details:

O          http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibilities);

O          https://help.instagram.com/478745558852511 (Instagram’s Terms of Service);

O          https://policy.pinterest.com/en/terms-of-service (Pinterest’s Terms of Service); and

O          http://www.google.com/intl/en/policies/terms (Google’s Terms of Service)

            All references in these Terms of Service to “Nantucket Spider®”, “Nantucketspider.com” and/or “this Website” shall be deemed to include both this Website and any and all social media pages maintained from time to time by Nantucket Spider,  LLC or its affiliates.

 

  1. OUR PRODUCTS; TERMS OF SALE

 

Our Products.  Nantucket Spider® offers a variety of natural, DEET-free insect repellents for people and animals in the United States of America (“Products”), at wholesale and retail, through this Website and through social media pages maintained by Nantucket Spider, LLC on Facebook®, LinkedIn®, Instagram® and elsewhere. 

 

            Payment.  All amounts due for retail purchases of Nantucket Spider® products are payable in full at the time of purchase.

 

Your Account.  When you make a purchase from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.

 

Acceptance of Order.  Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.

 

Pricing and Availability.  All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

 

Payment Terms.  Nantucket Spider® currently accepts Visa, MasterCard and American Express credit cards. Nantucket Spider® also accepts payment via PayPal®, and AmazonPay®.  By submitting your order, you represent and warrant that you are authorized to use the designated credit card, PayPal or AmazonPay account and authorize us to charge your order (including taxes, shipping and handling) to that card or account. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for Nantucket Spider® products by credit card, PayPal  or AmazonPay and subsequently “charge back” your purchase through your merchant account provider, Nantucket Spider®reserves the right to terminate these Terms of Service and all pending orders and transactions immediately in addition to any and all available remedies at law or in equity.

 

Shipping Terms and Policies.  We endeavor to ship all orders for in-stock items within two (2) business days. Our standard business hours are Monday through Friday, 10 a.m. to 5 p.m. Eastern Standard Time.  Shipping is typically via United States Postal Service (USPS) First Class Mail, and you should allow three (3) to five (5) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.

         All shipping charges are your responsibility, unless waived by Nantucket Spider®. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.

         All orders are shipped FOB shipping point. Title to products passes from Nantucket Spider® to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.

 

Returns and Exchanges Policy.  At Nantucket Spider® we want our customers to be happy with their purchase.  We gladly offer Returns and Exchanges, when possible, for any unused item within 30 days of delivery receipt.  Our goal is 100% customer satisfaction.  If at any other time you have comments or concerns please contact us. 

 

For return or exchange request, please send us an email at customerservice@nantucketspider.com with:

 

  1. Your name and the name of the original buyer if not the same,
  2. The order number from the original invoice/packing slip,
  3. The reason for your return or exchange request, and
  4. Your phone number in the event we need to contact you

 

We will reply within 1 business day with your return/exchange instructions.

 

Please note that refunds are not issued for any expedited shipping or international shipping charges (such as USPS Priority or UPS two day, next day or overnight services), regardless of the reason for your return or exchange.

 

After 30 days has passed from the date of delivery receipt, there will be NO refunds or exchanges.

 

Delivery Receipt is the date the post office or delivery service posts that the package was delivered.

 

 Returns for orders originally purchased with a Nantucket Spider® gift card will be refunded to the Nantucket Spider® card used in the original order. Merchandise credits may be redeemed on Nantucket Spider.COM and are not redeemable in retail locations. 

 

For more information please contact Customerservice@nantucketspider.com.

 

Product Descriptions; Warranties.  We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on this Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Nantucket Spider® is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on this website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

 

Any information contained or referenced in our website is solely provided as an introduction to Nantucket Spider®, its products and services.  For specific advice and instructions related to our Products and services, please contact us directly. Persons intending to use one or more of our products must read and follow the label accompanying that product and comply with all applicable laws and regulations relating to the use of that product. 

 

Before using any of our Products, you are required to read all warnings and instructions on the Product’s label, packaging and inserts (if any).  Nantucket Spider® warrants that our Products conform to their chemical description and are reasonably fit for the purpose stated on the label and packaging only when used in accordance with the label and packaging directions under normal conditions of use. Nantucket Spider® makes no other express or implied warranties either of merchantability or fitness for a particular use.  Handling, storage and use of the product by the purchaser or user are beyond the control of Nantucket Spider®. Risks such as ineffectiveness or other unintended consequences resulting from, but not limited to, failure to follow label and packaging directions will be assumed by the purchaser or user. In no case will Nantucket Spider® be held liable for consequential, special or indirect damages resulting from the handling, storage or use of any Product.

Domestic Use Only.  Nantucket Spider®’s Products are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use our Products from outside these locations. If you use our Products from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import and data privacy regulations of other countries. Any diversion of any content, information or materials available on this Website contrary to United States law is prohibited. Nantucket Spider® may use technologies to verify your compliance.

 

  1. TRADEMARKS AND SERVICE MARKS

 

Nantucket Spider® is a trademark of Nantucket Spider, LLC. All rights are reserved. These and other Nantucket Spider® graphics, logos, service marks and trademarks of Nantucket Spider® LLC and its affiliates may not be used without the prior written consent of Nantucket Spider® LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Website or in any materials relating to our Products are the property of their respective owners.

 

 

 

III.        DISCLAIMERS AND LIMITATION OF LIABILITY

 

You expressly agree that the use of Nantucket Spider® Products and this Website is at your sole risk. Neither Nantucket Spider® LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any of Nantucket Spider® Products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website, except as expressly set forth in these Terms of Service.

 

Disclaimer of Warranties.  Nantucket Spider® MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. Nantucket Spider® DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH Nantucket Spider® WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Nantucket Spider® WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) Nantucket Spider® OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Nantucket Spider®’S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Nantucket Spider® LLC AND ITS AFFILIATES.

 

Limitation of Liability.  IN NO EVENT SHALL Nantucket Spider®'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Nantucket Spider® OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH Nantucket Spider®, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH Nantucket Spider®, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF Nantucket Spider® OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

           

Internet Delays.  USE OF THIS WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  Nantucket Spider® IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 

 

Links to Third Party Sites.  This Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of Nantucket Spider®. If you choose to link to such third party websites, Nantucket Spider® makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. Nantucket Spider® does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Nantucket Spider® disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.

 

  1. CONTENT AND COPYRIGHT OWNERSHIP

A.  Copyright and Limited License

Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Nantucket Spider® logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Nantucket Spider® or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Service and does not include:  (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Nantucket Spider®, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

B.         Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material available via this Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Nantucket Spider® LLC

Attn: Customer Care

15 Hubbard Road, #536

Wilton, Connecticut 06897, U.S.A.

Customerservice@nantucketspider.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable law, Nantucket Spider® has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers.  Nantucket Spider® may also, in its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Third Party Site Materials

Nantucket Spider® may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness.  You acknowledge and agree that Nantucket Spider® is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.

  1. Advertisements and Promotions; Third-Party Products and Services

Nantucket Spider® may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  Nantucket Spider® is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Nantucket Spider® advertisers or third party information on this Website.

  1. SUBMISSION OF IDEAS

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Nantucket Spider®, this Website and our Products (collectively, "Ideas").  Ideas, whether posted to this Website or provided to Nantucket Spider® by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal.  Nantucket Spider® shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

  1. LINKS

You are granted a limited, non-exclusive right to create text hyperlinks to this Website for noncommercial purposes, provided such links do not portray Nantucket Spider® in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  In addition, you may not use Nantucket Spider®'s logo or other proprietary graphics to link to this Website without our express written permission.  Further, you may not use, frame or utilize framing techniques to enclose any Nantucket Spider® trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Nantucket Spider® or any third party.

Nantucket Spider® makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to this Website.  Such sites are not under the control of Nantucket Spider® and Nantucket Spider® is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  Nantucket Spider® and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Nantucket Spider® of any site or any information contained therein.  When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.

VII.       CONFIDENTIALITY

 

            In the course of providing Products and information via this Website, Nantucket Spider® will deliver to you content, materials and other information which is confidential, proprietary to Nantucket Spider®, or which constitutes a “trade secret” of Nantucket Spider® (“Confidential Information”).  You agree that you will hold all Confidential Information in trust for Nantucket Spider®, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with Nantucket Spider® or in any other way detrimental to Nantucket Spider®.  Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to Nantucket Spider®’ Products, information (whether in written or electronic form) delivered to you in the course of selling Products or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement.  In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Nantucket Spider® and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.

 

VIII.      PRIVACY POLICY

 

In accordance with the terms of Nantucket Spider®’ Privacy Policy, Nantucket Spider® respects the privacy of its users.  To view our Privacy Policy, click her.

 

  1. TERMINATION

 

Notwithstanding any of these Terms of Service, Nantucket Spider® reserves the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Website.

 

  1. USAGE BY CHILDREN AND MINORS

 

Nantucket Spider® cannot prohibit minors from visiting this Website. Nantucket Spider® must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

 

Nantucket Spider® requires that all purchases be made either: (i) by individuals 13 years of age or older, or (ii) by minors under 13, through a Nantucket Spider® authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE PRODUCTS FROM Nantucket Spider®, YOU ARE REPRESENTING TO Nantucket Spider® THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH AN Nantucket Spider® AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

 

  1. APPLICABLE LAW

 

These Terms of Service and this Website are created and controlled by Nantucket Spider® LLC, a limited liability company organized in the State of Connecticut, U.S.A. As such, the laws of the State of Connecticut, U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws.

 

XII.       DISPUTE RESOLUTION

 

In the event of a dispute between you and Nantucket Spider® (including any dispute over the validity, enforceability, or scope of this dispute resolution provision) (“Dispute”), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Norwalk, Connecticut.  The decision of the arbitrators shall be final and may be entered in any court having jurisdiction, and the parties shall bear their own costs in connection with any arbitration proceeding, except that the fees of the arbitrators shall be borne equally by the parties. In the event that there is any Dispute between you and Nantucket Spider® that is determined not to be subject to arbitration pursuant to the preceding sentence, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Connecticut, U.S.A. in the Judicial District of Norwalk, and of the United States District Court for the District of Connecticut, for any litigation arising out of or relating to the Dispute (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in such courts, and agree not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum. You agree that this Agreement and the relationship between you and Nantucket Spider® shall be governed by the Federal Arbitration Act and the laws of the State of Connecticut without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

 

XIII.      CLASS ACTION WAIVER

 

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

XIV.      MODIFICATION OF TERMS

Nantucket Spider® may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Nantucket Spider® account or by placing a prominent notice on this Website.  You are responsible for regularly reviewing these Terms of Service. Continued use of Nantucket Spider® after any such changes shall constitute your irrevocable and unconditional consent to such changes. 

  1. NOTICES

           

Nantucket Spider® may give notice by means of a general notice on this Website, or electronic mail to your e-mail address on record in Nantucket Spider®'s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Nantucket Spider®’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

XVI.      GENERAL

           

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 

 

No joint venture, partnership, employment, or agency relationship exists between you and Nantucket Spider® as a result of these Terms of Service. The failure of Nantucket Spider® to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nantucket Spider® in writing.

 

These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Nantucket Spider® and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 

 

XVII.     FURTHER INFORMATION

For further information about these Terms of Service, or if you have questions, please contact us at:

Nantucket Spider, LLC

15 Hubbard Road #536

Wilton, Connecticut 06897

Tel.:  (203) 423-3031

E-Mail:  customerservice@nantucketspider.com