Terms of Service

 

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. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE 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 ONLYOYSTERS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms of service (these "Terms") apply to the purchase and sale of products and services through onlyoysters.com (the "Website"). These Terms are subject to change by OnlyOysters (referred to as “OnlyOysters”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

Order Placement and Acceptance; Non-Commercial Use Only.

Order Placement and Acceptance. Your order is expressly conditioned on acceptance of this Agreement. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us and we will not be obligated to sell the products to you. We may choose not to accept any orders 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 OnlyOysters and you will not take place unless and until you have received your order confirmation email.

If you order a product, payment must be received by OnlyOysters prior to OnlyOysters’s acceptance of the order. OnlyOysters may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Once a properly completed order, your authorization, and a form of payment have been received, we will locate the product(s) you have ordered and arrange for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

Non-Commercial Use Only. OnlyOysters only accepts orders for non-commercial use. You cannot resell items offered on the Websites without OnlyOysters’s express written consent. If OnlyOysters discovers that you are placing orders with the intent to resell items offered on the Websites or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, OnlyOysters will also report you to federal, state and/or local enforcements authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Websites. By placing an order, you represent that the products ordered will be used lawfully.

Subscriptions

Subscription Orders. OnlyOysters offers consumers products that can be purchased through a subscription (“subscription”), which will automatically renew unless canceled. If you sign up for a subscription, you will be charged through the payment method you provide every 30 days, or at the delivery cadence of your choosing (“billing period”). You expressly agree that by submitting your initial order you accept and are agreeing to the terms of the auto-renewal offer and understand the Subscription Policy.

Cancellation of Subscription. You may cancel your subscription at any time. To avoid a recurring charge you must cancel your subscription by the last day of your billing period. If you wish to cancel your subscription, you may do so by contacting our customer happiness team at info@onlyoysters.com. All cancellations are effective on the last day of billing period.

Billing Information for Subscriptions. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made on the customer portal or by contacting a customer service representative.

Intellectual Property Use and Ownership; Trademarks; Copyright

You acknowledge and agree that OnlyOysters is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products.

It is OnlyOysters’s policy to respect the copyright and intellectual property rights of others. OnlyOysters may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, OnlyOysters may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, OnlyOysters complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact info@onlyoysters.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites. You should identify the material with information reasonably sufficient to allow OnlyOysters to locate the material; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

Communications with OnlyOysters

To deliver our services to you, we may need to obtain your contact information. You agree that any contact information you provide to OnlyOysters, including but not limited to your mailing address, shipping address, email address, and phone number, is true and accurate.

By voluntarily providing your contact information to OnlyOysters, you expressly consent to receive communications from us or third parties acting on our behalf, including but not limited to, emails, pre-recorded voice messages, recurring automated marketing text messages, and/or autodialed calls (including text messages), any purchase or transaction with OnlyOysters, matters related to your account (including debt collection), and promotions regarding OnlyOysters products. These communications may be made by or on behalf of OnlyOysters, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that OnlyOysters will not be responsible for these charges. In addition, you acknowledge that telephone calls to or from OnlyOysters are monitored and recorded, and you agree to such monitoring and recording. Consent to receiving marketing text messages is not a condition to obtain our products or services.

Limitation of Liability

Except where otherwise inapplicable or prohibited by applicable law, you expressly understand and agree that under no circumstances will OnlyOysters, its officers, employees, directors, services providers, suppliers, agents or other representatives (collectively, “OnlyOysters Parties”) be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website; (2) the use of, or the inability to use, items purchased on the Website; or (3) the cost of procurement of substitute services or items. In no event will OnlyOysters’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid OnlyOysters in the last six (6) months.

Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdictions, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of such jurisdiction. If any portion of these sections is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.

Indemnification

Except where otherwise inapplicable or prohibited by applicable law, to the fullest extent permitted by law, you agree to indemnify and hold harmless OnlyOysters Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation arising out of or relating to your breach of this Agreement.

Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, either party may terminate this Agreement by written notice.

Governing Law and Jurisdiction

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

Unauthorized Activities

When using this Site, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Use racially, ethnically, or otherwise offensive language.

Discuss or incite illegal activity.

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Post anything that exploits children or minors or that depicts cruelty to animals.

Post any copyrighted or trademarked materials without the express permission from the owner.

Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.

Use any robot, spider, scraper or other automated means to access the Site.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Alter the opinions or comments posted by others on this Site.

Post anything clearly false or misleading.

Post anything unrelated to our business, products or services.

This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Site or to any other user of this Site. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights, privacy rights or other rights of any third-party.

Dispute Resolution and Binding Arbitration

YOU AND ONLYOYSTERS 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 OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section 6. 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 agree to an arbitration on an individual basis. NEITHER YOU NOR ONLYOYSTERS 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 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.

Other Important Terms

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. 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. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with OnlyOysters. No delay by OnlyOysters in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect OnlyOysters’s ability to subsequently exercise that right or remedy. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Any waiver must be agreed to by OnlyOysters in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

SHIPPING

At this time, OnlyOysters only ships inside the United States. You will receive tracking information and order delivery updates via Shopify. Orders placed before 2pm Monday - Friday will be shipped next day. Weekend orders will be shipped on Monday.

OnlyOysters is not responsible for lost or stolen deliveries.

RETURN POLICY

Due to the nature of our products, we do not accept returns. However, if your order arrives damaged, please contact us at info@onlyoysters.com and we will address the issue promptly.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@onlyoysters.com.