ADDITIONAL TERMS & CONDITIONS / LEGAL POLICIES
The use of this site is governed by the policies, terms and conditions set forth below and on http://www.nantucketworld.com/policies.html.. Please read them carefully. Your use of this site and/or placement of an order indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by NantucketWorld. NantucketWorld reserves the right, at its sole discretion, to change, add or remove portions of these policies, at any time. Your continued use of nantucketworld.com following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these policies, which shall apply until we post modified policies and then in accordance with such modified policies.
Copyrights and Trademarks
This site is owned and operated by NantucketWorld. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of NantucketWorld, Copyright © 2005, ALL RIGHTS RESERVED. All audio, video, and/or software used on this site are the sole property of NantucketWorld or their respective content providers. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written permission of NantucketWorld. All rights are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
NantucketWorld.com and the NantucketWorld Logo are registered trademarks or service mark of NantucketWorld. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of NantucketWorld. All other trademarks or service marks are property of their respective owners. The use of any NantucketWorld trademark or service mark without NantucketWorld express written consent is strictly prohibited.
Disclaimer and Limitation of Liability
Unless otherwise specified, all of NantucketWorld products are guaranteed against defects for 30 business days unless otherwise stated. However, in the event of a defective product Nantucketworld must be notified within 15 days of the delivery date in order to claim refund or replacement for said product.
NantucketWorld makes no representations or warranties, either express or implied, other than those expressly stated herein with respect to products sold on nantucketworld.com, You agree that the sole and exclusive maximum liability to NantucketWorld arising from any product sold on Nantucketworld.com shall be the dollar amount of the product ordered. In no event shall NantucketWorld, its owners, directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold or services rendered nor shall Nantucketworld, its owners, directors, officers, employees, or other representatives be liable under any theory of tort, contract, strict liability or other legal theory for lost profits, lost business opportunities, lost revenues, punitive, exemplary, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether such damages were foreseeable or whether any party or any entity has been advised of the possibility of such damages. NantucketWorld expressly disclaims all responsibility and liability for uses by you of any content obtained or used on or in connection with nantucketworld.com. You agree that NantucketWorld, its owners, officers, employees and representatives shall not be liable for damages arising from the operation, content, or use of nantucketworld.com. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and/or consequential damages to you or to any third party.
NANTUCKETWORLD DOES NOT ACCEPT CASH AS A FORM OF PAYMENT FOR ONLINE PURCHASES. NantucketWorld will not be held responsible for any amount of cash, or portion thereof, sent in via mail, courier, or any other means. If for some reason you cannot pay by personal check, credit card, or paypal please send a bank check, cashiers check, or money order in lieu of sending cash as NantucketWorld will not accept cash as a form of payment under any circumstances.
Pricing/Description Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or product information received from our suppliers, NantucketWorld shall have the right to refuse or cancel any orders placed for product listed with incorrect pricing or description. NantucketWorld shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or payment has been received. If your payment has already been received for the purchase and your order is canceled due to an error in pricing and or description, NantucketWorld shall immediately refund your payment for the transaction in full.
Hyperlinks
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that NantucketWorld is not responsible for the operation of or content located on or through any such site. However, if you find that any site/s we are currently linked to is engaging in either unethical or illegal activities or is displaying vulgar, pornographic, violence, or inappropriate images on their site, we ask that you bring it to our attention immediately so that we can remove that link and any reference to the site in question.
Privacy
NantucketWorld will never knowingly share your personal data/information with a third party unless legally mandated to do so. While Nantucketworld.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall NantucketWorld or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party?s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether NantucketWorld was given actual or constructive notice that damages were a possibility.
Credit Card
You, and not NantucketWorld, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Nantucketworld.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Nantucketworld.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by NantucketWorld or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use, or value-added taxes. Nantucketworld.com shall automatically charge and withhold 5% sales tax for orders to be delivered to addresses within Massachusetts and any other states or localities that it deem is required.
Litigation
You agree that any legal action brought against NantucketWorld shall be governed by the laws of the Commonwealth of Massachusetts. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the NantucketWorld sites shall be an appropriate federal or state court located in Middlesex County, Massachusetts and that NantucketWorld shall not be responsible for court costs, attorney's fees, or travel expenses in said litigation.
