Terms & Conditions

These terms and conditions outline the rules and regulations for the use of Shoalwater Bay Farm ("SWB"), located at shoalseafood.com.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use SWB if you do not agree to all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements: "Client", "You" and "Your" refer to you—the person accessing this website and compliant with the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us" refer to our Company. "Party", "Parties", or "Us" refer to both the Client and ourselves.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of assisting the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect to the provision of the Company’s stated services, in accordance with and subject to the prevailing laws of the United States of America. Any use of the above terminology—or other words in the singular, plural, capitalization and/or he/she or they—are considered interchangeable and refer to the same.

We employ the use of cookies. By accessing Shoalwater Bay Farm, you agree to the use of cookies in accordance with the SWB Privacy Policy.

Most interactive websites use cookies to retrieve user details for each visit. Cookies are used by our website to enable the functionality of certain areas and make it easier for people visiting. Some of our affiliate or advertising partners may also use cookies.

License

Unless otherwise stated, The SWB and/or its licensors own the intellectual property rights for all material on SWB. All intellectual property rights are reserved. You may access this from SWB for your own personal use, subject to the restrictions set in these terms and conditions.

You must not:

Republish material from SWB
Sell, rent or sub-license material from SWB
Reproduce, duplicate or copy material from SWB
Redistribute content from SWB

This Agreement shall begin on the date hereof.

User Comments

Parts of this website offer users the opportunity to post and exchange opinions and information in certain areas. SWB does not filter, edit, publish, or review Comments prior to their appearance on the website. Comments do not reflect the views and opinions of SWB, its agents, or affiliates. Comments reflect the views and opinions of the person posting them. To the extent permitted by applicable laws, SWB shall not be liable for any Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of, posting of, or appearance of Comments on this website.

SWB reserves the right to monitor all Comments and to remove any Comments that can be considered inappropriate, offensive, or a breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe on any intellectual property rights, including but not limited to copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material that invades privacy;
The Comments will not be used to solicit or promote business, custom, or commercial activities, or for unlawful activity.
You hereby grant SWB a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Company Name. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Company Name's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Orders

All and any orders can be postponed at the discretion of SWB. Due to the inherent risk of eating shellfish, SWB will only ship and/or deliver items with which they have the utmost confidence in the quality of the product. Factors such as temperature and tides can play a role in the safety and quality of the items. If an order is delayed, customers may wait for the next shipping window to receive their order or request store credit. Delayed orders due to safety concerns are not eligible for a refund. Individuals that do not show up for pickup orders may request a store credit. Once the pickup date for a given event has passed, orders which were placed for the said event are not eligible for a refund. Individuals that missed their pickup event, may request store credit in the amount of their order, this credit will be valid for a 180-day period, after which it will expire. Customers submitting chargebacks for missing pickup events will be subject to the terms laid out above. For delivery orders placed with our "shipping date" feature, customers may ONLY select ONE shipping date at a time, which is clearly noted in the PRODUCT NAME. If the customer selects items from two different shipping dates, they will receive their items in accordance with whichever date is next on the shipping calendar.

Oyster Pass

Oyster Pass is a subscription plan, users can choose the interval from the pre-selected intervals, if available. Users can cancel at any time, except for users that received a 30-day free trial and received their first package, those users cannot cancel until one-payment has processed. Orders for the Oyster Pass only ship two-days per month, these dates may vary.

Subscription Pricing Updates

We reserve the right to update product pricing at any time, including for members with subscriptions. While our subscriptions provides exclusive discounts, these discounts will be applied to current product prices, which may change based on market conditions and operational costs.

Last Updated: April 16, 2025