WEBSITE TERMS OF USE

Last Updated: October 18, 2023

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

These Website Terms of Use (these "Website Terms of Use") apply to your use and access to https://welobster.com/ (the "Site"), which is operated by Rally Cap LLC dba WeLobster (“WeLobster”, “we”, “our” or “us”). You should also carefully review our Privacy Policy before placing an order for products through this Site.

BY ACCESSING THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE WEBSITE TERMS OF USE. YOU MAY NOT ACCESS THIS SITE IF YOU: (A) DO NOT AGREE TO THESE WEBSITE TERMS OF USE, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH WELOBSTER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. IF YOU DO NOT WANT TO AGREE TO THESE WEBSITE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.

1. Accessing the Site and Account Security.

We reserve the right to withdraw or amend this Site, and any products or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. 

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Website Terms of Use.

1. Intellectual Property Rights.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by WeLobster, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.  In addition, you may not:

• Modify copies of any materials from this Site;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or 
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Website Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by WeLobster. Any use of the Site not expressly permitted by these Website Terms of Use is a breach of these Website Terms of Use and may violate copyright, trademark, and other laws.

WeLobster™ and all related names, logos, product and service names, designs, and slogans are trademarks of WeLobster or its affiliates or licensors. You must not use such marks without the prior written permission of WeLobster. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

1. Prohibited Uses.

You may use the Site only for lawful purposes and in accordance with these Website Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate WeLobster, a WeLobster employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm WeLobster or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Website Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Site;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of the Site.

1. Reliance on Information Posted.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WeLobster, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WeLobster. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

1. Changes to the Site.

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. 

1. Information About You and Your Visits to the Site.

All information we collect on this Site is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

1. Online Purchases and Other Terms and Conditions.

All purchases through our site or other transactions for the sale of products formed through the Site, or resulting from visits made by you, are governed by our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms of Use.

1. Linking to the Site.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

1. Links from the Site.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

1. 10.Geographic Restrictions.

We are based in the State of New Hampshire in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. 11.Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WELOBSTER NOR ANY PERSON ASSOCIATED WITH WELOBSTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WELOBSTER NOR ANYONE ASSOCIATED WITH WELOBSTER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WELOBSTER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. 12.Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WELOBSTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WELOBSTER AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED us DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO WELOBSTER FOR THE APPLICABLE PRODUCT IN THE LAST THREE (3) MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. 13.Indemnification.

You agree to defend, indemnify, and hold harmless WeLobster, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Website Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Website Terms of Use, or your use of any information obtained from the Site.

1. 14.Governing Law and Jurisdiction.

All matters relating to the Site and these Website Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Website Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

1. 15.Waiver and Severability.

No waiver by WeLobster of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WeLobster to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Website Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Website Terms of Use will continue in full force and effect. 

1. 16.Changes to the Website Terms of Use.

We may revise and update these Website Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Website Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

1. 17.Entire Agreement.

The Website Terms of Use, our Privacy Policy, and our Terms of Sale constitute the sole and entire agreement between you and WeLobster regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

1. 18.Your Comments and Concerns.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to tyler@welobster.com. 

TERMS OF SALE

Last Updated: October 18, 2023

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

These terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products through https://welobster.com/ (the “Site”). These Terms of Sale are subject to change by Rally Cap LLC dba WeLobster (“WeLobster”, “we”, “our” or “us”) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these Terms of Sale before purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes. These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WELOBSTER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. Order Acceptance and Cancellation. 

You agree that your order is an offer to buy all products listed in your order under these Terms of Sale. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders for any reason or for no reason, in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between WeLobster and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order by emailing tyler@welobster.com at any time before we have sent your order confirmation email.

1. Prices and Payment Terms. 

All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, shipping and handling charges and any other amounts included in your order confirmation email.

1. Shipments; Delivery; Title and Risk of Loss. 

Currently, we can only ship to the contiguous United States (i.e., excluding Alaska and Hawaii). We will arrange for shipment of the products to you within that area. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

1. LIMITED WARRANTY. 

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  WE WARRANT THAT LIVE LOBSTERS ARRIVE ALIVE AND ALL PRODUCTS ARRIVE FRESH. WELOBSTER MAKES NO OTHER WARRANTIES OF ANY KIND OR NATURE.  WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW LIMITATIONS IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THESE TERMS OF SALE BELOW.

This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.  With respect to any defective products, we will, in our sole discretion either replace such products free of charge or refund the purchase price of such products as set forth in Section 5 of these Terms of Sale below. We will also pay for shipping and handling fees to return any replacement product to you if we elect to replace the defective products.

1. Returns and Refunds. 

Given the nature of our products, we do not accept returns. WeLobster will issue a credit or refund on live lobsters that were not alive upon delivery and frozen fish that arrived unthawed provided that in each case, you notify us on the day of delivery of the shipment and pictures and video are provided to us on the day of delivery.  We will not be able to honor any refunds without photographs and videos of the product in question. We may request that the product be shipped back to us for inspection. If you dispose of product and packaging prior to notifying us of your problem, you waive your rights for a refund of any kind. We will not issue a credit or refund for products if you do not prepare them on the day of arrival. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

WeLobster will not be held responsible, and will not issue credits or refunds for any of the following circumstances:

• Live lobsters that die after delivery if you choose to postpone cooking them other than the day of delivery. If you choose to store live lobsters until the following day or later, you do so at your own risk.
• Product packages left outside for more than three hours. Our products can spoil or otherwise be damaged if not kept in temperature regulated conditions so please take precautions when scheduling delivery and let recipients know the delivery contains perishable contents.  We are not responsible for contacting recipients prior, during or after delivery of any shipment.
• Product delivery that is delayed or hindered due to federal holidays, weather-related issues, or other delays outside of WeLobster’s control.
• Product that is stolen after delivery to the address of record.
• You are solely responsible for providing us with the correct shipping address when placing your order. We will not refund or reimburse orders that were not delivered on time due to an incorrect address.

1. Limitation of liability.

THE REMEDIES DESCRIBED IN SECTION 5 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1. Products Not for Resale or Export. 

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own use only, and not for resale or export. 

1. Privacy. 

Our Privacy Policy, [HYPERLINK], governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

1. Governing Law and Jurisdiction. 

All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Hampshire.

1. 10.Dispute Resolution and Binding Arbitration.

YOU AND WELOBSTER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WELOBSTER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

1. 11.Assignment. 

You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent in each instance. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

1. 12.No Waivers. 

The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of WeLobster.

1. 13.No Third-Party Beneficiaries. 

These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

1. 14.Notices.

To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms of Sale, you must contact us by email transmission to tyler@welobster.com. We may update our contact information for notices to us by posting a notice on the Site. Notices provided by email transmission will be effective one business day after they are sent. 

1. 15.Severability.

If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

1. 16.Entire Agreement.

Our order confirmation, these Terms of Sale, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us.

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