Terms of Service

These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Oysters Co (“Oysters Co,” “us,” “our,” or “we”) and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscriptions to Oysters Co’s newsletters or purchase of any service or product offered by Oysters Co (collectively, “Services”).

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website and/or your registration for, purchase, or use of any of our Online Services. By submitting information to Oysters Co, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which Oysters Co, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Compliance with These Terms of Service
You agree to comply with all federal, state and local laws, rules and regulations regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy and any applicable laws, Oysters Co reserves the right, but not the obligation, to monitor your use of the Website and our Online Services. Oysters Co reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy and/or any applicable laws.

Using our Website and Online Services
You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and applicable laws. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that Oysters Co, in its sole discretion and from time to time, may elect to take. Oysters Co reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of Oysters Co.

You shall not be permitted to do any of the following, as determined by Oysters Co, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or applicable law; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

Intellectual Property Rights
Oysters Co makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, Oysters Co or its Content suppliers. All software used for our Website (the “Software”) is the property of Oysters Co or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.

You shall be solely responsible for any damage resulting from your infringement of Oysters Co’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by Oysters Co or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by Oysters Co and Oysters Co has not reviewed, and is not responsible for, the content of any such third party websites. Oysters Co makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.

Electronic Communications
By using our Website or using an Online Service, you consent to receive communications from Oysters Co electronically. Although Oysters Co may choose to communicate with you by other means, Oysters Co may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that Oysters Co sends to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties
ALL CONTENT CONTAINED ON OYSTERS CO’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH OYSTERS CO OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. OYSTERS CO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OYSTERS CO HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.

Limitation on Liability of Oysters Co
Any liability of Oysters Co, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Oysters Co from any User in connection with such use of, registration for and subscription to any Online Services. Oysters Co will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, Oysters Co shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of Oysters Co to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.

Amendments
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

(Last Revised February 2017)