Last Updated: January 29, 2026

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OF ITS RELATED PAGES, FEATURES, OR APPLICATIONS (COLLECTIVELY, THE “SITE”), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

This Agreement is a legally binding agreement between you and Hilton Head 1972, LLC, together with its subsidiaries and affiliates (collectively, “Hilton Head 1972,” “By the Shore,” the “Company,” “we,” “us,” or “our”). You may be referred to as “you,” “your,” or the “User.”

IMPORTANT NOTICE REGARDING ARBITRATION. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE REVIEW THE ARBITRATION SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

1. Purpose of the Site

The Site is provided as an informational and commerce platform and may include, without limitation, product listings, editorial content, brand information, imagery, video and audio materials, account features, marketing communications, and other materials (collectively, “Site Materials”). Site Materials are provided for general informational and shopping purposes only.

2. Revisions to this Agreement

We may change, modify, add to, or remove portions of this Agreement at any time by posting the revised version on the Site. The “Last Updated” date reflects the effective date of the current version. You agree to review this Agreement periodically. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Agreement.

3. Shopify Collective and Third Party Brand Partners

Multi Brand Marketplace. By the Shore curates products offered by the Company and by independent third party brands and sellers (“Brand Partners”). Certain items available on the Site may be offered, fulfilled, and shipped directly by Brand Partners through Shopify Collective and other integrated programs or services. Certain items offered on the Site may be fulfilled directly by the Company or through the Company’s fulfillment partners, in addition to items fulfilled by Brand Partners

Fulfillment and Shipping. When you place an order, some items may ship from different locations and may arrive in multiple shipments. Delivery estimates are not guarantees and may vary by Brand Partner, carrier, destination, and other factors. We are not responsible for carrier delays, customs delays (if applicable), or events outside our reasonable control.

Returns, Exchanges, and Support. Returns, exchanges, and customer support may be handled by the Company, by the applicable Brand Partner, or jointly, depending on the item and circumstances. Unless otherwise stated on the product page or at checkout, returns and exchanges are subject to our published policies and any Brand Partner specific requirements communicated to you. If a Brand Partner policy applies, we may direct you to the Brand Partner or facilitate the process on your behalf. The Company remains the primary point of contact for customer support unless expressly stated otherwise.

Product Information and Availability. Product descriptions, ingredients, sizing, imagery, pricing, promotions, and availability may be provided by Brand Partners and may change without notice. We do not warrant that all information is complete, accurate, or current, although we strive to keep it so.

No Endorsement of Third Parties. References to Brand Partners, or links to their content, do not constitute an endorsement. Brand Partners are independent parties and are responsible for their products, warranties (if any), and compliance obligations.

4. Disclaimer Regarding Third Parties

The Site may enable interactions with third parties, including payment processors, shipping providers, fulfillment partners, marketing platforms, social media platforms, and other vendors. We are not a party to agreements or transactions between you and third parties unless expressly stated. We are not responsible for third party acts, omissions, terms, or performance.

5. License to Access the Site

Subject to your compliance with this Agreement, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site and Site Materials for your personal, noncommercial use, or for the internal business purposes of an entity you are authorized to represent.

All rights not expressly granted are reserved by us. We may suspend, restrict, or terminate your access to the Site at any time if we believe you have violated this Agreement or if necessary to protect the Site, our business, or others.

You may not reproduce, duplicate, copy, sell, resell, distribute, publish, transmit, or otherwise exploit any portion of the Site or Site Materials without our prior written consent.

You are responsible for obtaining and maintaining all devices, software, and services necessary to access the Site.

6. Intellectual Property

The Site and Site Materials are owned by us or our licensors and are protected by copyright, trademark, trade dress, and other intellectual property laws.

Our trademarks, service marks, logos, and trade dress may not be used without prior written consent. Third party trademarks are the property of their respective owners.

You may not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, or distribute any Site Materials except as expressly permitted by us in writing.

7. Accounts and Security

Certain features may require an account. You agree to provide accurate and complete information and to keep your account information current.

Your account is personal to you. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us promptly through our Support Center if you suspect unauthorized access or a security breach.

We may suspend or terminate accounts, or reclaim usernames, for any reason, including impersonation, misuse, or legal concerns.

8. Content and Site Features

The Site may contain content provided by us or third parties, including text, images, video, audio, software, and data (collectively, “Content”). Content may be protected by intellectual property laws.

Certain Site features may rely on third party services. Your use of those features is subject to applicable third party terms and policies.

9. User Content and Submissions

User Content includes any content you submit, upload, post, publish, transmit, or otherwise make available through the Site or to us, including reviews, comments, photos, videos, testimonials, or other materials.

You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, perpetual, irrevocable, royalty free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, edit, translate, publish, publicly display, distribute, create derivative works from, and otherwise use your User Content for any lawful purpose, including Site operation, advertising, marketing, social media, and other brand communications, in any media now known or later developed.

This includes the right to reformat, crop, combine, or adapt User Content without further notice or compensation, except where prohibited by law.

You represent and warrant that you own or have all necessary rights to submit User Content, that your User Content does not infringe any third party rights, that all individuals depicted have provided lawful consent, and that the content is not misleading or unlawful.

We may review, edit, remove, or refuse User Content at our discretion. Removed content may remain in backups, archives, or prior uses.

10. Ambassador, Affiliate, and Promotional Content

We may engage ambassadors, affiliates, creators, or other partners (“Ambassadors”) to promote By the Shore, Hilton Head 1972, LLC, Brand Partners, or related initiatives. Ambassadors may receive compensation, including payments, complimentary products, discounts, commissions, or other consideration.

Ambassador Content includes any content created or shared that references, features, or promotes the Company, the Site, or products offered through the Site. By creating or sharing Ambassador Content in connection with a Company program or by tagging, mentioning, or submitting such content, the Ambassador grants the Company a nonexclusive, perpetual, worldwide, royalty free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, publish, and create derivative works from the content for commercial and noncommercial purposes, including advertising, marketing, packaging, and promotional use.

Ambassadors must comply with all applicable laws and regulations, including Federal Trade Commission endorsement and testimonial guidelines. Content that receives compensation must include clear and conspicuous disclosure (for example: #ad, #sponsored, or #gifted), consistent with platform requirements.

Participation in any program does not guarantee ongoing work, compensation, or acceptance of content. We may modify or terminate programs or relationships at any time.

11. Privacy Policy

Our collection, use, and sharing of information are governed by our Privacy Policy, which is incorporated into this Agreement by reference.

12. Third Party Websites and Advertising

The Site may contain links to third party websites or resources. We do not control and are not responsible for their content, availability, products, services, or practices. Your dealings with third parties are solely between you and the third party.

13. Your Representations and Obligations

You represent and warrant that you are legally able to enter into this Agreement, that all information you provide is accurate and complete, that you will comply with all applicable laws, and that your use of the Site will not violate any agreement or legal obligation. If you act on behalf of an entity, you represent that you are authorized to bind that entity.

14. Prohibited Uses

You agree not to:

• violate any law or regulation
• post unlawful, harmful, deceptive, defamatory, obscene, or objectionable content
• infringe intellectual property, privacy, or publicity rights
• attempt to access nonpublic areas or systems
• introduce malware or harmful code
• scrape, crawl, or use automated tools without permission
• interfere with Site operation or security
• frame or mirror the Site without consent
• collect information about other users without authorization
• engage in conduct that violates the spirit or intent of this Agreement

15. No Guarantees and Disclaimers

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE TRANSACTION GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER, UNLESS A DIFFERENT AMOUNT IS REQUIRED BY LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless Hilton Head 1972, LLC and its officers, members, managers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the Site, your User Content or Ambassador Content, or your violation of this Agreement.

18. Term and Termination

This Agreement remains in effect until terminated. We may suspend or terminate your access to the Site at any time. Upon termination, you must cease use of the Site. Provisions that by their nature should survive termination will survive.

19. Access Through Mobile Devices

If you access the Site through a mobile device, your carrier’s terms and fees apply. You are responsible for all charges imposed by your carrier.

20. Electronic Communications

By using the Site, you consent to receive communications electronically. Electronic communications satisfy legal requirements that communications be in writing.

21. Arbitration and Class Action Waiver

Except where prohibited by law, all disputes arising out of or relating to this Agreement, the Site, or any products or services will be resolved by binding arbitration administered by the American Arbitration Association and conducted in English in Hilton Head Island, South Carolina. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction in Beaufort County, South Carolina, to preserve rights pending arbitration. Disputes must be brought on an individual basis. Class actions, collective actions, and representative actions are waived to the maximum extent permitted by law.

22. Governing Law and Venue

This Agreement is governed by the laws of the State of South Carolina, without regard to conflict of laws principles. For matters not subject to arbitration, you consent to exclusive jurisdiction and venue in South Carolina courts.

23. Social Media and Third Party Platforms

The Site may integrate with third party platforms, including social media and affiliate tools. Your use of those platforms is governed by their terms and policies. We are not responsible for outages, suspensions, or data loss related to third party platforms.

24. Right to Monitor Public Content

We may monitor publicly available content that references or promotes the Company and may request edits, disclosures, or removal of content that is inaccurate, misleading, or noncompliant with legal or brand standards.

25. SMS, Email, and Mobile Communication Terms

If you opt in, you may receive marketing or transactional emails or SMS messages. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. You may opt out of SMS messages by replying STOP. For assistance, reply HELP or contact the Support Center.

26. Notices and Contact

All questions, notices, or requests regarding this Agreement or the Site should be submitted through our Support Center or via the Site’s contact form.