Terms of Use

NANTUCKET CHRONICLE'S MARKETPLACE AND ONLINE DISCUSSION FORUMS

Thank You for agreeing to participate in Nantucket Chronicle's Marketplace and Online Discussion Forums which includes all comments on any postings to the Nantucket Chronicle website (the "Discussion Forums") operated by Nantucket Chronicle, LLC (“Nantucket Chronicle” “We” or “Us”).  These Terms of Use (“Rules”) govern any person who registers for or uses the Nantucket Chronicle Marketplace or Discussion Forums in any way ("You" or "Your"). Please read these Rules carefully.  By using and participating in the the Nantucket Chronicle Marketplace or Discussion Forums, You are stating that You have read and understand, and agree to be bound by, these Rules.  If You do not agree to these Rules, You are not permitted to use or participate in the Nantucket Chronicle Marketplace or Discussion Forums in any way, including by purchasing prodcuts or by submitting a posting, question, or comment of any kind.  Nantucket Chronicle reserves the right to update and change the Terms of Use by posting updates and changes to the Nantucket Chronicle website at any time. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you.

I--Discussion Forums Etiquette.

 Thank you for taking the time to register as an active participant in Nantucket Chronicle’s Online Discussion Forums (the "Discussion  Forums")  These Rules have been created so that You have the best experience possible in an open community while still respecting each other's dignity, privacy and security as well as intellectual property laws and all other laws.
We want everyone to benefit from the Discussion Forums. To help ensure that, We respectfully request that comments You submit are thoughtful and sincere, and that You exercise mutual respect for all Participants and Moderators. In addition:
You must not submit for posting any personal banking information (e.g., Your account number, check numbers, account activity and balances, and the like).

  • You must not submit for posting any personal information (e.g., Your phone number, address, Social Security Numbers, date of birth, mother's maiden name, and the like).
  • You must not solicit any personal information from another Discussion Forums participant or reveal any personal information of either another Discussion Forums participant or any third party.
  • You should stay on topic or start a new one.
  • You must be respectful of comments posted by other Discussion Forums participants.  Do not submit comments that personally attack other Discussion Forums participants.  If You disagree with an opinion, challenge it in a civil manner. And no yelling: that is, do not post comments in ALL CAPS.
  • You must not upload or submit for posting any content that would be considered trolling.  Do not submit content that is inflammatory just to get people riled up.  It does not matter if Your response to a posting also contains a substantive reply.  If You engage in personal attacks and inflammatory statements, You will be considered a troll.
  • You must not upload or submit for posting any content that infringes the copyright, trademark, or other intellectual property rights of any person or entity.  Furthermore, You may not use the trademarks of any company in Your submissions in any way that may wrongfully confuse people into thinking that You are affiliated with that company.
  • You must not upload or submit for posting any content that contains links to or lists the url/domain name of other web sites.
  • You must not upload or submit any content that contains viruses, harmful or malicious code, and the like.
  • You must not abuse editing privileges.  If at some point You are permitted to access comments You have submitted, You may edit them to correct grammatical or factual errors. However, You are not permitted to delete or edit content You have posted in order to avoid action by Discussion Forums moderators (e.g., You cannot remove personal attacks, troll postings, cyber bulling postings, and the like).
  • You must not use the Discussion Forums for illegal purposes.
  • You must not use the Discussion Forums for self-promotion.
  • You must not use the Discussion Forums to spam other participants or moderators, or sell any goods or services.
  • You must not use the Discussion Forums to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity.
  • You must not use the Discussion Forums to encourage or promote physical harm against any group or individual, including encouraging or promoting self-harm.
  • You must not use the Discussion Forums to disparage or defame any third-party, including Nantucket Chronicle's competitors.
  • You must not engage in negative interactions with other Discussion Forums participants. You must not use the Discussion Forums to stalk or harass any Discussion Forums participant or any other person, group, or entity.  This includes submitting obscene, racist, profane, pornographic, or hateful content that is offensive on racial, ethnic, sexual, or any other grounds.

II--Nantucket Chronicle's Right to Remove or Modify User Submissions or Not Post Them at All

  • We reserve the right to remove, modify or refrain from posting any submission for any reason in Nantucket Chronicle's sole discretion.
  • Nantucket Chronicle may—but is under no obligation to—edit Your Display Name or Your Discussion Forums comments before or after posting it to the Discussion Forums, most commonly to remove personal information, change or remove information in violation of the Rules or to make Your posting more general, so that the answer will apply to a larger segment of the audience.
  • Nantucket Chronicle is not responsible for any loss, theft or damage of any kind to any User Submissions.
  • You represent and warrant that Your Discussion Forums posting and Nantucket Chronicle’s authorized use thereof do not and will not infringe upon the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

III--Nantucket Chronicle Marketplace

Account Terms

  • You must be 18 years or older to use this Service.
  • You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  • You are responsible for keeping your password secure. Nantucket Chronicle cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • You may not use the Nantucket Chronicle Marketplace for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Nantucket Chronicle account.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Account Terms as determined in the sole discretion of Nantucket Chronicle will result in an immediate termination of your account.

Shipping and Delivery

  • All orders are shipped with delivery confirmation.
  • Shipping fees are included in the listed purchase price.

Returns and Replacements

  • Returns will be accepted only if the return is sent within seven days of the delivery confirmation date.
  • A refund of the purchase price, less a 15% re-stocking fee, will be made promptly upon receiving the merchandise in the same condition in which it was shipped.
  • There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier.
  • Items on clearance or those custom made can not be returned or exchanged.


Nantucket Chronicle Marketplace Policies

Nantucket Chronicle acts as a venue to allow users who comply with Nantucket Chronicle's policies to offer, sell and buy certain goods within a fixed-price format.  Other than accepting payment, Nantucket Chronicle is not directly involved in the transaction between buyers and sellers.  As a result, Nantucket Chronicle has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.  Nantucket Chronicle does not pre-screen users or the content or information provided by users.  Nantucket Chronicle cannot ensure that a buyer or seller will actually complete a transaction.


Consequently, Nantucket Chronicle does not transfer legal ownership of items from the seller to the buyer.


You agree that Nantucket Chronicle is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Nantucket Chronicle.  You use the Nantucket Marketplace service at your own risk.

IV--Discussion Forum Use

1.  Your Responsibilities. 

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Discussion Forums and for paying all charges related thereto.  When You register to become a member of the Discussion Forums, Nantucket Chronicle collects certain personal information about You.  You agree that Nantucket Chronicle may use any information Nantucket Chronicle obtains about You in accordance with the provisions of the Discussion Forums's Privacy Statement.  You agree to completely abide with these Terms of Use.  You also agree in full to all provisions of the Discussion Forums's Privacy Statement.  You agree that the Discussion Forums is not for use by anyone under the age of 18, and You affirm that You are at least 18 years of age.  You agree that the Discussion Forums is only for use by United States residents and You affirm that You are a resident of the United States.

2.  User Submissions. 

Nantucket Chronicle does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials You create and submit for display or distribution to others through the Discussion Forums (collectively, “User Submissions”).  As between Nantucket Chronicle and You, You own all rights to Your User Submissions.  However, You grant to Nantucket Chronicle and Nantucket Chronicle’s parent, affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, and publicly display Your User Submissions (in whole or in part) in any format or medium now known or later developed.  The exercise by Nantucket Chronicle of its rights under the foregoing license shall at all times be subject to the limitations upon disclosure of Your User Submissions imposed upon Nantucket Chronicle under the Discussion Forums's Privacy Statement.  You waive any "moral rights" You may have to any User Submissions under any law.  Nantucket Chronicle reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes, including testimonials, where we may or may not use Your User Name or Display Name, without receiving further permission or a release from You.  You agree that You are solely responsible for all of Your User Submissions.  Nantucket Chronicle is not required to host, display, monitor, pre-screen, filter, or distribute any User Submissions, and may—but is under no obligation to—remove at any time or reject any User Submissions.  Nantucket Chronicle is not responsible for any loss, theft or damage of any kind to any User Submissions.  You represent and warrant that Your User Submissions and Nantucket Chronicle’s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).  You agree that Nantucket Chronicle may—but is not obligated to—edit Your Display Name, Your User Name, or Your User Submission before or after posting it to a Discussion Forums website, most commonly to remove personal information, change or remove material that is not in accordance with these Terms of Use or to make Your question more general, so that the answer will apply to a larger segment of the public.

3.  No Acceptance of Any Unsolicited Ideas or Recommendations. 

Nantucket Chronicle does not accept unsolicited ideas or recommendations from anyone, including customers and third-parties.  Therefore, Nantucket Chronicle will not accept ideas, proposals, or recommendations for products, goods, services, marketing campaigns, advertisements, or anything else from You or any other user of the Discussion Forums.  You agree that should Nantucket Chronicle ever have a product, good, service, marketing campaign, promotion, advertisement, or otherwise, now or in the future, that resembles or is similar to or the same as an idea or submission You have made through the Discussion Forums, Nantucket Chronicle will not be liable to You under any theory of law, and will not owe You a royalty or payment of any type.  You agree that Nantucket Chronicle may incorporate in any way, without any compensation to You, any idea, question, proposal, statement, comment or other submission You make to Nantucket Chronicle, in Nantucket Chronicle's advertising, marketing, and promotion, or as part of a Nantucket Chronicle product, good, or service.

4.  Copyright and Trademark Infringement. 

Nantucket Chronicle respects the intellectual property rights of others.  Accordingly, when notified by the copyright owner in accordance with the Copyright Act, Nantucket Chronicle has a policy of removing User Submissions that violate copyright law, suspending under appropriate circumstances access to the Discussion Forums (or any portion thereof) to any User who uses the Discussion Forums in violation of copyright law, or terminating under appropriate circumstances the account of any User who uses the Discussion Forums in violation of copyright law.  Pursuant to Title 17 of the United States Code, Section 512, Nantucket Chronicle has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with that law.  If you believe your copyright is being infringed by a User of the Discussion Forums, please provide written notice to the following Nantucket Chronicle agent for notice of claims of copyright infringement:



Address:      Copyright Infringement
                    Nantucket Chronicle
                    Box 571
                    Nantucket, MA 02554
                    
Email:      [email protected]


Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Nantucket Chronicle to locate that material; (d) contain adequate information by which Nantucket Chronicle can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and, (g) contain a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.  Please do not send notices or inquiries unrelated to alleged copyright infringement to Nantucket Chronicle’s designated agent.
If You are a User of the Nantucket Chronicle Discussion Forums, and Nantucket Chronicle receives a third-party allegation of copyright infringement regarding one of Your User Submissions, You will be sent notification of such an allegation to the email address that You provided to Us when You registered for the Discussion Forums, which may include a notification that Your submission has been removed or edited.  If You receive such a notification that Your submission has been removed or edited, specifically because of a third-party allegation of copyright infringement, You may submit a "Counter-Notice" under the law.  Your Counter-Notice should be sent to the same Copyright Agent address/email above, and must contain:  (a) Your name, address, phone number and physical or electronic signature; (b) identification of the material and its location before removal; (c) a statement under penalty of perjury of Your good faith belief that the material was removed because of mistake or misidentification of the material to be removed; and, (d) Your consent to Your own local United States federal court jurisdiction and that You will accept service of process from the copyright owner or his agent.  Note that any Counter-Notice You send Nantucket Chronicle in response to a third-party's allegation of copyright infringement may be sent to that third-party and may therefore be made public.
If Nantucket Chronicle is notified by a trademark owner that a User Submission violates the trademark rights of a third-party, Nantucket Chronicle may remove, edit, or modify that User Submission.  Nantucket Chronicle may also suspend access to the Discussion Forums (or any portion thereof) to any User who uses the Discussion Forums in violation of trademark law, or terminate in appropriate circumstances the account of any User who uses the Discussion Forums in violation of trademark law.  If you believe your trademark is being infringed by a User of the Discussion Forums, please provide written notice to the following Nantucket Chronicle agent for notice of claims of trademark infringement:



Address:    Trademark Infringement
                  Nantucket Chronicle
                  Box 571
                  Nantucket, MA 02554

                  Email:      [email protected]   


Your written notice must: (a) contain your physical or electronic signature; (b) identify the trademark alleged to have been infringed, as well as any trademark registration numbers for that trademark; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Nantucket Chronicle to locate that material; (d) contain adequate information by which Nantucket Chronicle can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the trademark is not authorized by the trademark owner, the trademark owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are the trademark owner or are authorized to act on behalf of the trademark owner.  Please do not send notices or inquiries unrelated to alleged trademark infringement to Nantucket Chronicle’s trademark agent.

5.  Termination. 

Nantucket Chronicle may terminate Your access to all or part of the Discussion Forums, without notice, for any reason, including if You violate these Rules or You engage in any conduct that Nantucket Chronicle, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Nantucket Chronicle, any other Discussion Forums User, or any third party.  YOU AGREE THAT NANTUCKET CHRONICLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING OR EDITING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE DISCUSSION FORUMS (OR ANY PORTION THEREOF).  You may discontinue Your participation in and access to the Discussion Forums at any time.  However, Nantucket Chronicle's rights to use, edit or delete Your User Submissions to the Discussion Forums survive any termination.  Nantucket Chronicle reserves the right to investigate Your use of the Discussion Forums in the event Nantucket Chronicle, in its sole and absolute discretion, believes You have violated these Rules or for any other reason.

6.  Modifications to Rules.

Nantucket Chronicle may, in its sole and absolute discretion, change these Rules from time to time.  Nantucket Chronicle will post notice of such changes on the Discussion Forums web pages.  Nantucket Chronicle may also, but is not obligated to, send You an email at the email address You have provided with Your registration, notifying You that there has been a change to these Rules.  If You object to any such changes, Your sole recourse shall be to cease using the Discussion Forums.  Continued use of the Discussion Forums following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the new Rules.

7.  Modifications to or Discontinuation of the Discussion Forums. 

Nantucket Chronicle reserves the right to modify or discontinue the Discussion Forums at any time with or without notice to You.  YOU AGREE THAT NANTUCKET CHRONICLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD NANTUCKET CHRONICLE EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE DISCUSSION FORUMS.

9.  Password and Security. 

You are responsible for maintaining the confidentiality of Your Discussion Forums password, and You are solely responsible for all activities that occur under Your password and Display Name and User Name.  You agree to immediately notify Nantucket Chronicle of any unauthorized use of Your password or any other breach of security related to the Discussion Forums.  Nantucket Chronicle reserves the right to require You to alter Your password if Nantucket Chronicle believes that Your password is no longer secure.  YOU AGREE THAT NANTUCKET CHRONICLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.  You can help keep Your information secure by not picking a common or obvious password (such as Your name, a pet's name, an anniversary, and so on) and not picking a Display Name or User Name that easily identifies You.  In an effort to keep Your information secure, You also agree that You will not use Your real full name as Your Display Name or User Name for posting submissions to the Discussion Forums.  You also agree not to put any of Your (or anyone else's) account numbers,  whether banking, credit card, debit card, investment, or otherwise in Your submissions to the Discussion Forums.  If You choose to put Your real name, any personally identifiable information, or any account information in any Display Name or User Name or User Submission to the Discussion Forums, You agree that Nantucket Chronicle is not responsible whatsoever should any of that information become public and Nantucket Chronicle has no responsibility to edit such information or remove it from the Discussion Forums.  If Your personal account numbers or any other personal information is needed to solve any problem or question submitted by You, You may be directly contacted by a Nantucket Chronicle representative, who will contact You at the email address or telephone number provided by You in Your registration information with an email or telephone call that will specifically reference Your question with verifiable contact information of a Nantucket Chronicle representative.  You should not respond to any email or telephone call from someone claiming to be a Nantucket Chronicle representative who does not identify himself or herself as someone assigned to handle Your specific submission to the Discussion Forums, and does not specifically identify Your submission.

10.  Links. 

Nantucket Chronicle’s provision of a link to any other Web site or Internet resource or listing of a third-party url or domain name is for Your convenience only and does not signify Nantucket Chronicle’s endorsement of such other Web site or resource or of its contents.  YOU AGREE THAT NANTUCKET CHRONICLE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, COMPUTER VIRUS, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

11.  No Commercial Use. 

You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income, any information or service You obtain or receive from the Discussion Forums.  You are, however, granted a limited, revocable, non-exclusive, non-transferable license to use the Discussion Forums solely in accordance with these Rules and solely for Your own personal, non-commercial purposes.

12.  Disclaimer of Warranties. 

YOU EXPRESSLY AGREE THAT USE OF THE DISCUSSION FORUMS IS AT YOUR SOLE RISK.  THE DISCUSSION FORUMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NANTUCKET CHRONICLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DISCUSSION FORUMS (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).  NANTUCKET CHRONICLE MAKES NO WARRANTY THAT THE DISCUSSION FORUMS WILL MEET YOUR REQUIREMENTS, OR THAT THE DISCUSSION FORUMS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE.  YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS THROUGH THE DISCUSSION FORUMS IS NOT GUARANTEED AND THAT NANTUCKET CHRONICLE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY NANTUCKET CHRONICLE OR ITS UNAVAILABILITY.  NANTUCKET CHRONICLE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DISCUSSION FORUMS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE DISCUSSION FORUMS, OR THAT DEFECTS IN THE DISCUSSION FORUMS WILL BE CORRECTED.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DISCUSSION FORUMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.  YOU AGREE THAT NANTUCKET CHRONICLE HAS NO RESPONSIBILITY FOR ANY CONTENT ON THE DISCUSSION FORUMS REGARDLESS OF WHETHER THAT CONTENT WAS PLACED ON THE DISCUSSION FORUMS BY NANTUCKET CHRONICLE, YOU, OR A THIRD-PARTY.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NANTUCKET CHRONICLE OR THROUGH THE DISCUSSION FORUMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13.  Limitation of Liability. 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NANTUCKET CHRONICLE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE DISCUSSION FORUMS.

14.  Exclusions and Limitations. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to You.  To the extent that Nantucket Chronicle may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Nantucket Chronicle’s liability shall be the minimum permitted under such applicable law.

15.  Indemnification. 

You agree to indemnify, defend, and hold harmless Nantucket Chronicle, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using Your account’s) violation of these Rules, including without limitation claims made by third-parties against Nantucket Chronicle or the related parties named above based upon Your participation in or use of the Discussion Forums.  Nantucket Chronicle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Nantucket Chronicle’s defense of such claim and indemnify Nantucket Chronicle for all costs and fees it incurs in the defense of such claims.

16.  Trademarks. 

“Nantucket Chronicle” and the Nantucket Chronicle design, as well as certain other of the names, logos, and materials displayed within the Discussion Forums constitute trademarks, trade names, service marks or logos (“Marks”) of Nantucket Chronicle or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with Nantucket Chronicle or those other entities.

17.  No Solicitation.  No Using the Trademarks and Trade Secrets of Others.

You may not solicit, offer, or sell any goods or services, or dispense financial advice or other advice, in any posting, comment, question or other submission through the Discussion Forums.  In addition to Your lack of authorization to use any Nantucket Chronicle Marks, You may not use any design logo of another company.  You may not use any company name, brand name, trademark, or service mark of any company, whether Nantucket Chronicle's, Yours, or otherwise, in Your Display Name or User Name.  Nor may You use the trade name, brand name, trademark, or service mark of any other company in a submission to the Discussion Forums website in a way that would confuse the public into thinking that You are affiliated with that company.  You may not link to any website, including Your own website, in Your submissions to the Discussion Forums or provide any domain name or url in any posting—except that You may link to or provide a url for a Nantucket Chronicle website.  Nantucket Chronicle reserves the full right to omit any company names from Your User Submissions to the Discussion Forums.  In addition, You may not submit any information that would be considered the confidential trade secret of any company, Nantucket Chronicle or otherwise.  If Nantucket Chronicle is informed that information You have posted or submitted constitutes a company's trade secret, Nantucket Chronicle may edit or remove that information from the Discussion Forums.

18.  Copyrights and Restrictions on Use. 

The content on the Discussion Forums, including all content provided by Nantucket Chronicle as part of the Discussion Forums (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Nantucket Chronicle or its licensors.  No portion of the Content or anything on the Discussion Forums may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Nantucket Chronicle and its applicable licensors.  You must also abide by all additional copyright notices, information, or restrictions contained in or attached to any Content or anything else on the Discussion Forums.  Notwithstanding the foregoing, You may view and print out pages from the Discussion Forums solely for Your own personal, non-commercial use.  You agree that under no circumstances will You ever remove any notices of copyright from materials You print or otherwise copy from the Discussion Forums.  All rights not specifically given to You by Nantucket Chronicle here are reserved for Nantucket Chronicle and You agree that nothing in these Rules waive any rights, copyright or otherwise, of Nantucket Chronicle.

19.  Nothing on the Discussion Forums Should Be Construed as Advice. 

You agree that nothing in the Discussion Forums should be construed as any sort of professional or personal advice, including without limitation legal, financial, medical, or tax advice.  You should consult with Your own attorneys, medical advisors, and financial and tax planners should You require any such advice or have any such questions.  You agree that You will not rely on anything stated on the Discussion Forums or through the Discussion Forums and that Nantucket Chronicle is not liable for anything You do or any third-party does based on or in response to any content on the Discussion Forums.  You agree that any answer, response, or statement made by any Nantucket Chronicle representative in response to any user's question or posting is only applicable to that user and shall not be relied upon by You or considered a general response applicable to any other person or entity.  You further agree that no answer, response or statement made by any Nantucket Chronicle representative through the Discussion Forums in any format, whether by email, letter, phone, posting, or otherwise, is intended to supersede a response provided by other Nantucket Chronicle personnel through other (non-Discussion Forums) channels, addressing the same or a similar issue to the one posted or submitted through the Discussion Forums.  You agree that other than these Rules and the Discussion Forums's Privacy Statement nothing in the Discussion Forums is expected to or will result in any contractual obligation as between You and Nantucket Chronicle.  The Discussion Forums is for general informational purposes only.  Furthermore, the Discussion Forums is not intended to provide a full description of any good or service that Nantucket Chronicle may offer.  You must always check the full terms and conditions regarding any specific product, good, or service that Nantucket Chronicle may offer.

20.  Resolution of Disputes by Arbitration. 

PLEASE READ THIS PROVISION OF THE RULES CAREFULLY.  THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR USE OF THE DISCUSSION FORUMS.  IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION.  ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.   IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY—AN ARBITRATOR—INSTEAD OF A JUDGE OR JURY.  ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.


Any claim or dispute relating to or arising out of these Terms of Use, use of the Nantucket Chronicle Marketplace or Discussion Forums, these Rules, or the Privacy Statement associated herein or any dispute between us will be resolved exclusively by binding arbitration in Nantucket, MA.  All disputes are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek.  Disputes include any unresolved claims concerning any possible aspect of the Nantucket Chronicle Marketplace or Discussion Forums.   Disputes include not only claims made directly by You, but also made by anyone connected with You or claiming through You, such as an employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy.   Disputes include not only claims that relate directly to Nantucket Chronicle, but also its parent, affiliates, successors, assignees, employees, and agents and claims for which We may be directly or indirectly liable, even if We are not properly named at the time the claim is made.   Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made as counterclaims, cross-claims, third party claims, interpleaders or otherwise.  Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.  Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.  Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.


Arbitration shall be held under the then Commercial Rules of the American Arbitration Association.  If You initiate the arbitration, You must notify Us in writing at Nantucket Chronicle, Box 571, Nantucket, MA 02554 with an email copy to [email protected].   If We initiate the arbitration, We will notify You via the email address You supplied when You registered for the Discussion Forums.  You may obtain a copy of the arbitration rules for this Forums, as well as additional information about initiating an arbitration by contacting the following arbitration Forums:


American Arbitration    1633 Broadway, 10th Floor

Association:                  New York, NY 10019

                                       800-778-7879 (toll-free)
                                       Website: www.adr.org
                                       Email address: [email protected]


The arbitration shall be decided by a single, neutral arbitrator. .The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, will honor claims of privilege recognized at law, and will be empowered to award any damages or other relief provided for under applicable law.  The arbitrator will not have the power to award relief to, or against, any person who is not a party to the arbitration.  An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.  You or We may choose to have a hearing and be represented by counsel.  The decision rendered by the arbitrator shall be in writing; however, the arbitrator need not provide a statement of his reasons unless one is requested by You or Us.  The arbitrator must abide by the limitations of liability in this Terms of Use.


The party initiating the arbitration shall pay the initial filing fee.  All other fees and costs will be allocated in accordance with the rules of the arbitration Forums.  Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.


Nothing herein shall be deemed to limit or constrain Nantucket Chronicle's right to resort to self-help remedies or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction.


The arbitrator’s award shall be final and binding.  A final and binding award is subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act.  A party may seek to have a final and binding award entered as a judgment in any court having jurisdiction.


You and We agree that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act.  To the extent state law is applicable, the laws of Massachusetts shall apply.


These arbitration provisions shall survive the termination of these Rules, Your stoppage of Use of the Nantucket Chronicle Marketplace or Discussion Forums, and the bankruptcy of any party.: 
No provision of this arbitration provision may be amended, severed or waived absent a written agreement between You and Us.

21.  Miscellaneous. 

These Rules, together with any additional Nantucket Chronicle terms to which You agree while using particular elements of the Discussion Forums, constitute the entire and exclusive and final statement of the agreement between You and Nantucket Chronicle with respect to the subject matter hereof, and govern Your use of the Discussion Forums, superseding any prior agreements or negotiations between You and Nantucket Chronicle with respect to the subject matter hereof, specifically the Discussion Forums.  In the event of any conflict between these Terms of Use and terms of a specific site within the entire Nantucket Chronicle network of websites or the terms regarding a specific Nantucket Chronicle good or service, these Rules shall govern only relating to any aspect of the Discussion Forums.  If You are a customer of Nantucket Chronicle and have separate customer agreements with Nantucket Chronicle or other agreements with Nantucket Chronicle related to goods and services other than through the Discussion Forums, these Rules shall not govern those non-Discussion Forums related goods and services.  These Rules and the relationship between You and Nantucket Chronicle shall be governed by the laws of the State of Massachusetts as applied to agreements made, entered into, and performed entirely in Massachusetts by Massachusetts residents, notwithstanding Your actual place of residence.  All arbitrations, as described above, arising from or relating to these Rules or Your use of the Discussion Forums (or any case brought in a court of law should neither You or We invoke the right to arbitration, or the arbitration clauses in Paragraph 20 are found invalid for any reason) shall be held in Nantucket, MA and You hereby irrevocably submit to the exclusive personal jurisdiction of Nantucket, MA.  To the extent the arbitration provisions in Paragraph 20 are held invalid for any reason or a case is brought in a court of law should neither You or We invoke the right to arbitration, YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT OF LAW.  The failure of Nantucket Chronicle to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision.  If any provision of these Rules is found by an arbitrator or court of competent jurisdiction to be invalid, You nevertheless agree that the arbitrator or court should endeavor to give effect to the intentions of Nantucket Chronicle and You as reflected in the provision, and that, except as otherwise stated (such as in Paragraph 20 above), the other provisions of these Rules remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Discussion Forumss or these Rules must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.  The section titles in these Rules are for convenience only and have no legal or contractual effect.  You agree that all parts of these Rules dealing with limitations on liability shall remain in full force and effect notwithstanding any termination of Your use of or participation in the Discussion Forums.  By using our site, you consent to Nantucket Chronicle's web site privacy policy.

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