TERMS OF USE: WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Last revised: September 26, 2018
USER AGREEMENT
BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE.
Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. We may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.
WEBSITE AND CONTENT
Website Availability
We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.
In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.
Copyright
All content on the Website is protected by copyright, and owned or controlled by The Anchor, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.
Links/Advertisements/Search Engines
The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.
The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
Commercial Transactions
Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.
Indemnity
You agree at your expense to indemnify and hold harmless, The Anchor and its affiliates and each of their respective partners, suppliers, licensors, members, managers, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys’ fees and court costs) arising from or relating to any allegation regarding your use of the Website any violation of these Terms of Use by you (collectively “Claims”).
The Anchor reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.
Disputes
Any dispute or claim relating in any way to your use of this Website will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, in Boston, Massachusetts. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Venue
The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Massachusetts law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in Massachusetts, and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Severability; Waiver
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Copyright Violations
Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at info@hinghamanch0r.com
Informational Purposes
The information on the Website is provided solely for informational purposes, and does not constitute professional advice. You should not rely on this Website except as an informational resource.