TERMS AND CONDITIONS
The terms and conditions apply to Shuckin’ Shack, and the names of “Shuckin’ Shack Oyster Bar”, “Shuckin’ Shack”, us”, “our”, and “we” as Shuckin’ Shack. By accessing this website (the “Site”) and its content or participating in the “Services” provided by this website, you are complying to the terms and conditions of use. If you do not accept the terms and conditions, do not participate in our Services. If you become aware of infringement of any Terms and Conditions, you may report it by contacting a Shuckin’ Shack representative.
Shuckin’ Shack Site and Services are to be used by legal adults (18 years of age and older); those under the age of 18 are required to have a legal guardian present when accessing Site information. Shuckin’ Shack Site and Services are not intended for use of children. Shuckin’ Shack also does not promise the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Shuckin’ Shack is made aware of them.
All information and provided materials available on the website are not to be replicated or distributed for personal gain or monetary value. Shuckin’ Shack material is not to be modified or altered. Further distribution of Shuckin’ Shack materials through other channels are also prohibited, with the exception of materials that are intended to be distributed. All website activities are not to be conducted in a way that is unlawful, illegal, fraudulent, or harmful. Such unlawful, illegal, fraudulent, or harmful activities can be included (but not excluded) to using the Site for malicious computer software, Trojan Horses, computer virus, spyware, worms, keystroke logger, or rootkit.
This Site shall also not be used to send unsolicited commercial communications, indirect marketing, spam, or other forms of commercial advertising. Website material intentions are to expand brand awareness and promote knowledge on Shuckin’ Shack products and services in the utmost positive way, without harmful intent. You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Shuckin’ Shack does not guarantee that the online services will fully function on any particular device or with any particular software.
You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times. Intellectual property Ownership. Any and all rights in the online services are and shall remain the exclusive property of Shuckin’ Shack or its licensors.
For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Shuckin’ Shack or its licensors’ rights. Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interaction with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Shuckin’ Shack reserves all other rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Shuckin’ Shack or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective Owners. Links to and from the website. You may link to our website, 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. This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
We may disable all or any social media features and any links at any time without notice in our discretion. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
LIMITATIONS OF LIABILITY
Shuckin’ Shack will not be liable to any party (under any theory of law) in relation to the contents of, or use of, or otherwise in connection with, this website: for any direct loss; for any indirect, special or consequential loss; or for any transaction losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation, or loss or corruption of information or data. These limitations of liability apply even if Shuckin’ Shack has been expressly advised of the potential loss.
By use of the website and agreeing to the Terms and Conditions, you hereby indemnify Shuckin’ Shack against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Shuckin’ Shack to a third party in settlement of a claim or dispute) incurred or suffered by you arising out of any breach of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. An offer is made only by a Franchise Disclosure Document (FDD) in those jurisdictions that require it. Currently, the following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of or want to locate a franchise in one of these states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in your jurisdiction. The information contained in this website is not inconsistent with our FDD. This advertisement is not an offering. An offering can only be made by a prospectus filed first with the appropriate state regulatory agencies. Such filing does not constitute approval by those states.
Shuckin’ Shack will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Shuckin’ Shack.
What to include in your infringement notice. Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
A detailed description of the copyrighted work that you believe has been infringed.
A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Shuckin’ Shack to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
The following statement, signed by the copyright Owner or a person authorized to act on behalf of the copyright Owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright Owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright Owner or am authorized to act on behalf of the copyright Owner of an exclusive right that is allegedly infringed.”
Shuckin’ Shack reserves the right to edit or remove any material submitted to this website, or stored on Shuckin’ Shack servers, or hosted or published upon this website. Shuckin’ Shack also holds the right to revise these terms and conditions sporadically. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. We advise you to re-read this page from time-to-time to ensure you are familiar with the current version.
June 1, 2017