TERMS & CONDITIONS
OVERVIEW
This website is operated by Bird Island Oyster Co, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Bird Island Oyster Co., LLC. We provide this website—along with all information, tools, and services available through it—to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or making a purchase, you participate in our “Service” and agree to be bound by these Terms and Conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced here or accessible via hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to comply with and be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store will also be governed by these Terms of Service. The most current version of the Terms is always available on this page. We reserve the right to update, modify, or replace any part of these Terms by posting revisions on our website. It is your responsibility to review this page periodically for changes. Continued use of or access to the site following the posting of updates constitutes your acceptance of those changes.
STORING, HANDLING AND PREPARING
Bird Island Oyster Co. is not liable for any issues related to the storage, handling, or preparation of our products once they have been delivered to the customer. Upon receipt of the product, the customer agrees to immediately follow all relevant State Health Department guidelines for proper storage, handling, and preparation. This includes ensuring the product is stored at the correct temperature without delay and refraining from leaving the box outside after delivery.
RAW SEAFOOD WAIVER
Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of food borne illness, especially if you have certain medical conditions.
PRICE AND SERVICE MODIFICATIONS
Product prices may change at any time without prior notice. We reserve the right to modify or discontinue the Service, or any part of its content, at any time and without notice. We are not liable to you or any third party for any changes to pricing, or for any modification, suspension, or discontinuation of the Service.
ORDER ACCEPTANCE AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limits may apply to orders made under the same customer account, using the same credit card, or with the same billing or shipping address. If we modify or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase.
We also reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide accurate, current, and complete account and purchase information for all transactions at our store. You are responsible for promptly updating your account details, including your email address and payment information, to ensure we can process your orders and contact you when necessary.
THIRD-PARTY CONTENT AND LINKS
Some content, products, or services available through our Service may include materials provided by third parties. Our website may also contain links to third-party sites that are not affiliated with us. We do not review or guarantee the accuracy of third-party content and assume no responsibility or liability for any third-party materials, websites, products, or services.
We are not responsible for any harm or damages resulting from your purchase or use of goods, services, resources, content, or any other transactions connected with third-party websites. Please carefully review the applicable third-party policies and practices before engaging in any transaction. Any complaints, concerns, or questions about third-party products should be directed to the respective third party.
USER COMMENTS AND SUBMISSIONS
If you submit materials to us—whether at our request (such as contest entries) or voluntarily— including creative ideas, suggestions, proposals, plans, or other content (“comments”), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise utilize those comments in any medium at any time, without limitation. We are not obligated to: (1) keep your comments confidential; (2) provide compensation for any comments; or (3) respond to any comments.
We may, but are not required to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, obscene, objectionable, or in violation of any intellectual property rights or these Terms of Service.
You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights. You also agree that your comments will not include defamatory, unlawful, abusive, or obscene material, nor contain any viruses or malware that could disrupt the Service or any related website. You may not provide a false email address, impersonate another person, or otherwise mislead us or others regarding the origin of your comments.
You are solely responsible for the content and accuracy of the comments you submit. We assume no responsibility and accept no liability for any comments posted by you or by third parties.
PROHIBITED USES
In addition to the restrictions outlined in these Terms of Service, you may not use the site or its content for any of the following purposes:
(a) engaging in any unlawful activity;
(b) encouraging or soliciting others to engage in unlawful acts;
(c) violating any international, federal, provincial, state, or local laws, rules, or regulations;
(d) infringing upon our intellectual property rights or those of others;
(e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or malicious code that could affect the functionality or operation of the Service, any related website, or the Internet;
(h) collecting or tracking the personal information of others;
(i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) using the site for any obscene or immoral purpose; or
(k) attempting to interfere with or bypass the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to suspend or terminate your access to the Service or any related website if you engage in any prohibited activities.
NOTICE OF COPYRIGHT AND TRADEMARK
Unless otherwise specified, all content on this website, including but not limited to text, design, logos, graphics, icons, images, and the selection, arrangement, and organization of such materials, is the exclusive property of Bird Island Oyster Co. All rights are reserved.
You are permitted to use the content solely for the purpose of shopping or placing an order on this site. Any other use is prohibited. No content from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written consent of Bird Island Oyster Co. All rights not explicitly granted are reserved.
Unauthorized use of any materials on this site may violate copyright, trademark, and other applicable laws, potentially resulting in civil or criminal penalties.