TERMS OF USE

BSA SEAFOOD

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the BSA Seafood website located at bsaseafood.com (the "Site"), operated by BSA Seafood, LLC ("BSA Seafood," "we," "us," or "our"), a Maryland limited liability company located at 4913 Main St, Grasonville, MD 21638.
 
By accessing the Site, submitting any form, or communicating with BSA Seafood through the Site, you ("User" or "you") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease use of the Site.
 
BSA Seafood reserves the right to update or modify these Terms at any time. Changes will be effective upon posting to the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
 

2. Nature of Site and Wholesale Services

This Site serves as a business-to-business (B2B) informational and inquiry platform for BSA Seafood's wholesale seafood distribution operations. BSA Seafood supplies fresh Chesapeake Bay and regional seafood products to restaurants, grocery and retail stores, hotels, caterers, food service operations, hospitals, schools, and similar institutional buyers.
 
The Site does not facilitate direct consumer retail sales. All sales, supply agreements, account setups, and product orders referenced through this Site are intended for commercial buyers and food service professionals only. Nothing on this Site constitutes a binding offer, contract of sale, or guarantee of product availability, pricing, or delivery unless reduced to a separate written agreement between BSA Seafood and the purchasing party.
 
2.1 Informational Use Only
The information on this Site — including product descriptions, service capabilities, delivery areas, and business hours — is provided for general informational purposes and is subject to change without notice. BSA Seafood makes no representation that all information on the Site is current, complete, or error-free.
 
2.2 No Binding Order or Agreement via Site
Submitting a contact form, wholesale inquiry, or newsletter signup does not create a binding contract, account, credit relationship, or obligation on the part of BSA Seafood to supply products or services. All wholesale accounts and supply agreements require separate review, approval, and execution by authorized BSA Seafood personnel.
 

3. Eligibility and Permitted Users

This Site is intended for use by businesses and individuals acting in a commercial capacity, including but not limited to:
• Licensed food service establishments, restaurants, and caterers
• Licensed retail grocers and seafood retailers
• Hotels, resorts, and hospitality operators
• Institutional food buyers (hospitals, schools, colleges, correctional facilities)
• Other wholesale and commercial buyers
 
By using this Site and submitting any form, you represent and warrant that: (a) you are at least 18 years of age; (b) you are acting in a commercial or professional capacity; (c) you have the authority to bind the business entity on whose behalf you are acting; and (d) all information you provide is accurate, complete, and current.
 
BSA Seafood reserves the right to decline any wholesale account application or inquiry at its sole discretion and without obligation to provide a reason.
 

4. Food Safety, Licensing, and Regulatory Compliance

BSA Seafood operates in compliance with applicable federal and Maryland state food safety laws and regulations, including:
• The U.S. Food Safety Modernization Act (FSMA) and FDA regulations governing seafood handling, storage, and distribution
• Maryland Department of Agriculture (MDA) seafood dealer licensing requirements
• Hazard Analysis and Critical Control Points (HACCP) protocols for seafood safety
• Maryland Department of Health food safety regulations applicable to wholesale seafood distribution
 
Wholesale customers are solely responsible for ensuring that their own operations, licenses, handling practices, and use of BSA Seafood products comply with all applicable federal, state, and local food safety laws and regulations. BSA Seafood does not warrant that its products, when mishandled, improperly stored, or used in violation of applicable health codes, will be safe for consumption.
 
4.1 Product Handling and Cold Chain Responsibility
Upon delivery, responsibility for proper product handling, temperature maintenance, storage, and use transitions to the receiving party. BSA Seafood shall not be liable for any spoilage, contamination, illness, or damage arising from improper post-delivery handling, storage, or preparation by the customer.
 
4.2 Allergen Information
Seafood and shellfish are among the most common food allergens recognized by the FDA. Customers are responsible for ensuring that their staff, end consumers, and menu communications accurately reflect the presence of seafood, shellfish, and potential cross-contact allergens in products supplied by BSA Seafood. BSA Seafood provides allergen information to the extent available from its suppliers; customers should not rely solely on BSA Seafood's representations and should independently verify allergen information for their specific operational needs.
 

5. Forms, Inquiries, and Communications

5.1 General Contact Form
The general contact form may be used to submit product inquiries, pricing questions, or requests for information. BSA Seafood will make reasonable efforts to respond in a timely manner but does not guarantee response times or the availability of specific products referenced in inquiries.
 
5.2 Wholesale Account Application
The wholesale account application form initiates the process of establishing a new customer relationship with BSA Seafood. Completion and submission of this form does not guarantee approval, credit terms, pricing, or delivery availability. All information submitted in connection with a wholesale application is subject to review and verification. BSA Seafood reserves the right to request additional documentation, including business licenses, health department permits, resale certificates, or other documentation as required.
 
5.3 Newsletter
By subscribing to BSA Seafood's newsletter, you consent to receive periodic commercial email communications including product updates, seasonal offerings, promotions, and company announcements. You may unsubscribe at any time through the opt-out mechanism included in every email or by contacting us directly. BSA Seafood will honor opt-out requests within 10 business days in accordance with the CAN-SPAM Act.
 
5.4 Accuracy of Submitted Information
You agree to provide accurate, truthful, and complete information in all forms submitted through the Site. Submitting false, misleading, or fraudulent information — including misrepresenting your business identity, licensing status, or intended use of products — may result in termination of any existing or pending business relationship and may expose you to legal liability.
 

6. Intellectual Property

All content on this Site — including text, images, photographs, graphics, logos, trademarks, service marks, the BSA Seafood name and brand, and any other materials — is the proprietary property of BSA Seafood, LLC or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.
 
You may not copy, reproduce, modify, distribute, transmit, display, publish, or create derivative works from any content on this Site without the prior written consent of BSA Seafood. Limited personal, non-commercial reference to Site content is permitted provided it does not misrepresent BSA Seafood or its products.
 
Any trademarks, trade names, or logos of third parties referenced on this Site remain the property of their respective owners. Nothing in these Terms grants you any license or right to use any BSA Seafood trademark or proprietary mark without express written authorization.
 

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BSA SEAFOOD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
 
BSA Seafood does not warrant that: (a) the Site will be uninterrupted, error-free, or free of viruses or other harmful components; (b) any information on the Site is accurate, current, or complete; or (c) any particular product or service will be available at any given time.
 

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, BSA SEAFOOD AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE.
 
BSA Seafood's total cumulative liability to you for any claims arising under these Terms or related to the Site shall not exceed the greater of (a) $100.00 USD or (b) the amount paid by you to BSA Seafood in the three months preceding the claim, if any.
 
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are prohibited by applicable law, they shall apply only to the fullest extent permitted.
 

9. Indemnification

You agree to defend, indemnify, and hold harmless BSA Seafood, LLC and its owners, officers, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including any food safety, health, or licensing law; (d) any misrepresentation made by you in connection with any form submission or business inquiry; or (e) your improper handling, storage, or use of any products supplied by BSA Seafood.
 

10. Third-Party Links and Services

The Site may contain links to third-party websites or reference third-party services, including Showit (website platform) and email distribution providers. These links are provided for convenience only. BSA Seafood does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party site or service. Your use of third-party sites is at your own risk and subject to their respective terms of service and privacy policies.
 

11. Governing Law and Dispute Resolution

11.1 Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.
 
11.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Queen Anne's County, Maryland. You irrevocably consent to the personal jurisdiction and venue of such courts.
 
11.3 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact BSA Seafood in writing and provide a reasonable opportunity (not less than 30 days) to resolve the dispute informally. This requirement does not apply to emergency injunctive or equitable relief.
 

12. Miscellaneous

12.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and BSA Seafood with respect to your use of the Site and supersede any prior or contemporaneous agreements, representations, or understandings. They do not supersede any separate written wholesale supply or account agreements you may have with BSA Seafood.
 
12.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.
 
12.3 Waiver
BSA Seafood's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized BSA Seafood representative.
 
12.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without BSA Seafood's prior written consent. BSA Seafood may assign these Terms freely, including in connection with a merger, acquisition, or sale of business assets.
 

13. Contact Information

For questions, concerns, or notices related to these Terms, please contact:
 
BSA Seafood, LLC
4913 Main St
Grasonville, MD 21638
Phone: (410) 827-4102