Term of Services

OVERVIEW

This Site is operated by FSHKILL, Inc. (“Fishkill”). Throughout the Site (as defined below), the terms “we”, “us” and “our” refer to Fishkill. Fishkill offers its Site, i.e., https://fishkill.co (the “Site”), including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, our Privacy Policy. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, or by clicking to accept these Terms of Service when creating an account or placing an order, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our Site. If we make material changes, we will update the Effective Date and provide reasonable advance notice by email or on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the Site, nor may you attempt to gain access to information or control of the Site not specifically granted to you.

You agree that any order placed by you on our Site is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. You must not knowingly provide or post any false, misleading, or fraudulent information.

Our online store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products and services to you. For more information about Shopify and the services it provides, please visit their Terms of Service here: https://shopify.com/legal/terms

Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene or otherwise inappropriate or disruptive.

A breach or violation of any of these Terms may result in an immediate termination of our Services to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone, for any reason not prohibited by law, at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We use encryption designed to protect credit card information during transfer over networks, however, no method of transmission over the internet is completely secure.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Site through which the Service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, except as otherwise provided for Autoship Orders in Section 5. Prices displayed on the Site include all costs charged by Fishkill other than applicable taxes and shipping charges, which will be disclosed to you before you complete your purchase.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Please note that if you are accessing the Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

SECTION 5 – PRODUCTS OR SERVICES (as applicable)

Certain products or services may be available exclusively online through the Site. These products or services may be limited in quantity.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Product images are for illustrative purposes only, and packaging, labeling and product appearance may vary. Please refer to the label on the product you receive for the most accurate and complete ingredient, nutrition and allergen information. If information on the Site differs from the product label, the product label controls.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You should also be aware that some of our products or certain uses thereof may not be permitted in certain jurisdictions. You agree that you are responsible for ensuring that your intended use of any product is permitted in your jurisdiction of residence prior to purchasing or ordering such product. We disclaim all liability for any unlawful use of our products.

You agree to fully cooperate with us and provide all reasonable assistance in the event that we recall any products. If we recall products, we will do so at our sole expense and in our sole discretion. If you suspect there is a possibility of us needing to recall any products, please notify us at the contact information provided in Section 25 (Contact Information).

If you sign up for Autoship, your participation in Autoship (and the recurring shipment of Autoship Orders based on your Initial Autoship Order and your obligation to pay the charges associated with each such order) will continue indefinitely until you affirmatively cancel Autoship in accordance with this Section or as otherwise expressly set forth in these Terms of Service. Before you enroll, we will clearly disclose the Autoship terms, including the recurring charge, frequency and how to cancel, obtain your affirmative consent, and email you an acknowledgment of those terms. When you sign up for Autoship, you will make an initial selection of the type, size, and quantity of products you wish to order and receive in your first delivery, which will be sent for fulfillment upon check-out (“Initial Autoship Order”). Unless you terminate Autoship or otherwise make changes to your selections (e.g., changes in product type, size, or quantity to be delivered, changes in delivery schedule, or electing to pause your account) via your account, we will automatically ship to you the same order as your Initial Autoship Order at the start of every period that you selected (each, an “Autoship Order”). Some of your products in the Autoship Order or offer details may change during your participation in Autoship (for example, price, taxes, availability, shipping charges). If any such details change during your participation in Autoship, we will provide you with a notice to the email associated with your account, and for any price change, we will send that notice at least seven (7) days, and no more than thirty (30) days, before the change takes effect, together with instructions on how to cancel. We will also send you an annual reminder of your Autoship terms. If the product is unavailable when we plan to ship your Autoship Order, you authorize us to, in our discretion, fulfill your order with a comparable product of equal or lesser price after notice to you, to delay the shipment of your Autoship Order until such time as the product is available, or cancel such product from your Autoship Orders. IF AT ANY TIME YOU DO NOT WISH TO CONTINUE PARTICIPATING IN AUTOSHIP, OR IF YOU WISH TO MAKE CHANGES TO YOUR PRODUCT SELECTIONS OR THE FREQUENCY AT WHICH RECURRING AUTOSHIP ORDERS ARE SHIPPED, YOU CAN (I) LOG INTO YOUR ACCOUNT AND CLICK ON “MANAGE SUBSCRIPTION” ON THE DASHBOARD PAGE, OR (II) EMAIL INQUIRY@FISHKILL.CO. We will email you a confirmation of any cancellation. You may pause or cancel your participation in Autoship (pauses for up to four (4) weeks) by logging into your account and going to My Account > Subscription. When you choose to pause your participation in Autoship, you will not receive any products associated with your Autoship shipments until the next scheduled shipment date. If you cancel your participation in Autoship, we will cancel all subsequent Autoship Orders (other than shipments for Autoship Orders that you made and have already left the distribution center at the time we receive your notice of cancellation). You will be charged for any shipment(s) of Autoship Orders that you made and have left the distribution center at the time we receive your notice of cancellation. We may, in our sole discretion, terminate your participation in Autoship at any time with or without notice. If we do so, you will only be charged for Autoship Orders that have been shipped to you. Participation in the Autoship program is void where prohibited.

SECTION 6 – PRODUCT USE DISCLAIMER

The information contained on our Site, or provided at your request, is provided for informational purposes only and is not intended to be nutritional or health care advice. Persons with food allergies, dietary restrictions, or health concerns should consult a physician or health care practitioner before consuming our products. If you experience any adverse reaction to our products, please promptly consult your physician. Before consuming any products offered on our Site, carefully read all labels, ingredients, and allergen information. Please inspect perishable products promptly upon delivery, follow all storage instructions, and do not consume any product that appears damaged or spoiled.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You authorize us to charge your payment method for the total amount of your order, including applicable taxes and shipping charges.

SECTION 8 – SHIPPING, RETURN AND REFUND POLICY

Our shipping and return policies can be found here: https://fishkill.co/faq/

Our refund policy can be found here: https://fishkill.co/faq/

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have any control over and/or input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties or hypertext links leading to websites that are not operated or controlled by us. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or sites, and for any other materials, products, and services of third parties. We also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party site’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Viewing and any action taken on such third-party sites is entirely at your own risk.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You acknowledge that you are responsible for any material you may submit via the Site or otherwise to Fishkill, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Fishkill any content that: (a) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not upload commercial content onto the Site.

If you submit material via any means to Fishkill, unless we indicate otherwise, you grant Fishkill and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Fishkill is free to use any creative ideas, suggestions, proposals, plans, concepts, and know-how (collectively, “Comments”) that you or individuals acting on your behalf provide to Fishkill. You grant Fishkill and its affiliates the right to use the name you submit in connection with such Comments, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Fishkill for all claims resulting from the content you supply.

If you provide to us any Comments, whether related to the Site or otherwise, you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place Fishkill under any fiduciary or other obligation to you.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (i) to maintain any Comment in confidence; (ii) to pay compensation for any Comment; or (iii) to respond to any Comment.

We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.

SECTION 12 – FORUMS AND SOCIAL MEDIA

“Forum” means an area, site or feature offered as part of the Site that allows users to post content for viewing by one or more website users, including product reviews. Additionally, “Forum” includes any other website page created by Fishkill, on one or more social media pages, including, but not limited to, Facebook, X, Instagram, YouTube, TikTok and Pinterest.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post material that is proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict or inhibit any other user from using and enjoying a Forum;
violate any code of conduct or other guidelines which may be applicable for any particular Forum;
harvest or otherwise collect information about others, including email addresses, without their consent; or
violate any applicable laws or regulations.

You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. We and the administrators of these websites and any Forum on these websites reserve the right to remove, edit, move or close any content item for any reason.

We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on these websites.

Nothing in these Terms of Service restricts your right to post an honest review of our products, and we do not remove reviews based on whether they are positive or negative. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted by users in any Forum and we specifically disclaim any and all liability in connection therewith.

SECTION 13 – TESTIMONIAL DISCLAIMER

In accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, please be aware of the following: the people giving testimonials and consumer stories appearing on our platforms and social media may have been compensated with free products or discounts for use of their experiences. Any such material connection will be clearly disclosed with the applicable testimonial. Testimonials and consumer stories appearing on our platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products. However, individual taste preferences and experiences may vary. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience, as food preferences are subjective and vary based on personal taste. Testimonials and consumer stories are not necessarily representative of what anyone else using our products may experience. The testimonials and consumer stories displayed are given verbatim, except that some may have been edited to correct grammatical or typing errors or shortened to remove information of no relevance to the general public, in each case without changing their substance. We are not responsible for the opinions or comments posted on our platforms and social media, and do not necessarily share the opinions, views or commentary of postings on our platforms and social media. All opinions expressed are strictly the views of the poster or reviewer.

SECTION 14 – PERSONAL INFORMATION

Your submission of personal information to us is governed by our Privacy Policy. Our Site and our third-party service providers use cookies, pixels, session replay, chat and similar technologies to collect information about your use of the Site, and those service providers may receive, record and store your communications with us through the Site on our behalf. By using the Site, and where applicable by accepting our cookie banner or using our chat feature after notice, you consent to such collection and recording, as described in our Privacy Policy.

In the event the Site is ever structured such that you are able to create an account on the Site, you will be required to be at least eighteen (18) years old to create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you agree to receive communications and promotional materials from Fishkill and its affiliated entities, and you may unsubscribe at any time as described in our Privacy Policy.

SECTION 15 – MINORS AND CHILDREN

The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised or by registering for an account, you represent that you are at least eighteen (18) years of age and at least the age of majority in your jurisdiction. If we learn that we have collected personal information from a person under this age, we will delete it as described in our Privacy Policy.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (https://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Fishkill does not endorse any of the products or services identified on such sites.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site should be taken to indicate that all information in the Service or on any related Site has been modified or updated.

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement, to the maximum extent permitted by law.

In no case shall Fishkill, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no case shall Fishkill be liable for any recommendations, product performance claims, statements or any other advice or information provided on the Site or through any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 – INDEMNIFICATION

In addition to the indemnity obligations contained elsewhere in these Terms, you agree to indemnify, defend and hold harmless Fishkill and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from your provision of a mobile telephone number that is not yours or that has been reassigned without notice to us.

SECTION 20 – COPYRIGHT AND INTELLECTUAL PROPERTY

The content of the Service, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain the exclusive property of and owned by Fishkill or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as expressly provided in this Section 20, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Fishkill and/or its licensors and suppliers (as applicable), and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time, we may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Fishkill to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Fishkill, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the Site, or any Content made available through the Site.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Fishkill or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Fishkill, whether registered or unregistered, may not be used in connection with any product or service that is not owned by Fishkill. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Fishkill’s trade names, trademarks or service marks without our express prior written consent. Fishkill enforces its intellectual property rights to the fullest extent permitted by law.

SECTION 21 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms or our Service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

You agree that Fishkill, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event, and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section 22 may be effective without prior notice to you.

SECTION 23 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, our Privacy Policy and all other policies and operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 – GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service and any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. “Dispute” means any dispute, claim or controversy between you and Fishkill arising out of or relating to these Terms of Service, the Site, the Service, any product purchased from us, or any advertising, marketing or communications from us, whether based in contract, tort, statute, fraud or any other legal theory, and whether arising before or after you agreed to these Terms of Service. Any Dispute shall be brought exclusively in the state or federal courts located in New York, New York, and you and Fishkill consent to the personal jurisdiction of those courts. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FISHKILL EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at inquiry@fishkill.co.

SECTION 26 – CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that material you posted was wrongly removed or disabled as a result of a notice of copyright infringement, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Notices sent under this Section may be mailed to:

FSHKILL, INC.
239 W 20th Street, #15
New York, NY 10011

Notices sent under this Section may be emailed to inquiry@fishkill.co.

SECTION 27 – COMMUNICATION

We may communicate with you by email or by posting notifications on this Site. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

If you opt in to text messages, you consent to receive recurring automated marketing and transactional texts from Fishkill at the number you provide. Consent is not a condition of purchase. Message frequency varies, and message and data rates may apply. Reply STOP (or use any other reasonable means) to opt out, or reply HELP for help. You agree to notify us if your number changes.

SECTION 28 – ACCESSIBILITY

Fishkill strives to make the Site accessible to all users, including individuals with disabilities. The Site is optimized for viewing, and we are continually working to improve its usability. Because accessibility is an ongoing effort, and because some content and features on the Site may be provided by third parties that we do not control, some areas of the Site may not yet be fully accessible. If you have difficulty accessing any part of the Site, or would like to provide feedback on its accessibility, please contact us at inquiry@fishkill.co and describe the issue and the page or feature involved. We will make reasonable efforts to respond promptly, assist you in obtaining the information you need, and, where possible, help you place your order through alternative means.

SECTION 29 – NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights information. The Site and the Service are provided by FSHKILL, Inc., 239 W 20th Street, #15, New York, NY 10011, which may be reached by email at inquiry@fishkill.co or by telephone at (916) 445-1254 or (800) 952-5210 . We do not charge you to access or browse the Site. The prices of products, including any Autoship Orders, and any applicable taxes and shipping charges are disclosed to you before you complete your purchase, and current prices are posted on the Site. If you have a question or complaint about the Site, the Service or any product, you may contact us using the contact information above or in Section 25 (Contact Information), and we will make a good faith effort to resolve it. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Effective Date: October 16, 2026