1. Agreement to Terms
By accessing or using the website located at https://thewhitemarlin.net (the “Site”), operated by The White Marlin & Oysterette, located at 602 Monument Ave, Port St Joe, FL 32456 (“we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with any part of these Terms, you must not access or use the Site.
2. Use of the Site
The Site is intended to provide information about our restaurant, including menus, hours of operation, location, private event inquiries, gift card purchases, and online reservation capabilities. You agree to use the Site only for lawful purposes and in a manner that does not infringe on the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party.
3. Reservations
Reservations made through the Site or any third-party reservation platform linked from the Site are subject to availability. We reserve the right to cancel or modify reservations at our discretion. Failure to honor a reservation (no-shows) may result in restrictions on future reservation privileges. Any cancellation policies displayed at the time of booking shall apply.
4. Gift Cards
Gift cards purchased through the Site are subject to the terms and conditions displayed at the time of purchase. Gift cards are non-refundable, may not be redeemed for cash (except where required by law), and are not replaceable if lost or stolen. Gift cards do not expire. We are not responsible for unauthorized use of gift cards.
5. Private Events
Inquiries for private events submitted through the Site are requests only and do not constitute a confirmed booking. All private event bookings are subject to a separate agreement, which will outline specific terms including pricing, deposits, cancellation policies, and event details. We reserve the right to decline any private event request.
6. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, photographs, menus, and design elements, is the property of The White Marlin & Oysterette or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.
7. User Conduct
When using the Site, you agree not to: (a) use the Site in any way that violates any applicable federal, state, or local law or regulation; (b) attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems or networks connected to the Site; (c) interfere with or disrupt the Site or servers or networks connected to the Site; (d) transmit any viruses, malware, or other harmful code; or (e) collect or harvest any personally identifiable information from the Site without authorization.
8. Third-Party Links
The Site may contain links to third-party websites or services, including but not limited to reservation platforms, social media pages, and review sites such as TripAdvisor. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WHITE MARLIN & OYSTERETTE, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
11. Indemnification
You agree to indemnify, defend, and hold harmless The White Marlin & Oysterette, its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any rights of any third party.
12. Privacy
Your use of the Site is also governed by our Privacy Policy. By using the Site, you consent to the collection and use of information as described in our Privacy Policy. Any personal information you submit through the Site, including through contact forms, reservation requests, or event inquiries, will be handled in accordance with applicable privacy laws.
13. Menu and Pricing
Menu items, descriptions, and prices displayed on the Site are subject to change without notice. While we make reasonable efforts to keep the information on the Site accurate and up to date, we do not guarantee that all information is current at all times. Actual menu offerings and pricing at the restaurant may differ from what is displayed on the Site.
14. Allergen and Dietary Information
Any allergen or dietary information provided on the Site is for general informational purposes only and may not reflect the most current ingredient information. We cannot guarantee that any menu item is free from allergens. Guests with food allergies or dietary restrictions should inform their server upon arrival and consult directly with restaurant staff before ordering.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Gulf County, Florida, and you consent to the personal jurisdiction of such courts.
16. Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.
18. Entire Agreement
These Terms, together with any applicable Privacy Policy and any separate agreements for specific services (such as private event contracts or gift card terms), constitute the entire agreement between you and The White Marlin & Oysterette regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral.
19. Contact Information
If you have any questions about these Terms, please contact us at:
The White Marlin & Oysterette
602 Monument Ave, Port St Joe, FL 32456
Phone: 850-308-0938
Email: whitemarlinrestaurant@gmail.com