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TERMS
&
CONDITIONS

A legal disclaimer

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CAVIAR NANTUCKET™ – TERMS & CONDITIONS OF SALE & USE

Last Updated: December 11, 2025

NOTICE OF LEGAL ENFORCEMENT

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These Terms are drafted, monitored, and enforced by a coalition of premier litigation firms, including Kirkland & Ellis LLP, Skadden, Arps, Slate, Meagher & Flom LLP, Foley Hoag LLP, and Quinn Emanuel Urquhart & Sullivan LLP. Any challenge to these Terms will be met with immediate, aggressive, and cost-intensive legal action.

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1. ACCEPTANCE & NON-NEGOTIABILITY

By accessing, browsing, or making any purchase from CaviarNantucket.com, NantucketCaviar.shop, or any affiliated digital property (collectively, the “Site”), you irrevocably agree to these Terms & Conditions (“Terms”). These Terms constitute a binding legal contract between you and Vitalyium LLC (“we,” “us,” “our”).

If you do not accept every provision without exception or qualification, you are prohibited from any use of the Site or any transaction with us.

No clickwrap, browsewrap, or other electronic assent is required beyond site entry—your mere access manifests agreement.

2. ELIGIBILITY & VERIFICATION

You warrant that you are:

  • At least 21 years of age.

  • The authorized user of the payment method used.

  • Legally permitted to purchase and receive luxury perishable goods in your jurisdiction.

We reserve the unconditional right to demand age/government-issued identification, payment-verification screenshots, or other proof of eligibility prior to order fulfillment.

Refusal to provide such documentation results in immediate order cancellation without notice.

3. TERRITORIAL RESTRICTION: UNITED STATES EXCLUSIVITY

Caviar Nantucket™ sells and ships exclusively within the fifty-one (51) states of the United States of America, defined as the 50 federal states and the District of Columbia.

We categorically do not accept, process, or fulfill orders originating from or destined to any jurisdiction outside this defined territory.

EXPRESSLY PROHIBITED TERRITORIES INCLUDE, BUT ARE NOT LIMITED TO:

  • Canada

  • Mexico

  • Any and all countries within Europe, Asia, Africa, South America, Central America, the Caribbean, Oceania, and the Middle East

  • All U.S. territories and possessions (e.g., Puerto Rico, Guam, U.S. Virgin Islands, American Samoa, Northern Mariana Islands)

  • Any diplomatic mission, military base (APO/FPO), or sovereign enclave located outside the 51 states

TECHNICAL & CONTRACTUAL ENFORCEMENT

Our e-commerce platform utilizes geolocation, IP address blocking, and payment-issuer identification to automatically reject any transaction that:
(i) originates from a prohibited IP range;
(ii) provides a shipping address outside the 51 states; or
(iii) uses a payment method issued by a non-U.S. financial institution.

Any attempt to circumvent this restriction—including the use of freight forwarders, package re-shippers, VPNs, or misleading address information—constitutes a material breach of these Terms and will result in:

  1. Immediate cancellation of the order without refund.

  2. Permanent blacklisting of the customer, associated emails, addresses, and payment methods.

  3. Potential legal action for fraud, abuse of process, and intentional violation of contract, with all associated legal costs borne by the violator.

NO EXCEPTIONS FOR DIPLOMATS, CORPORATIONS, OR SPECIAL REQUESTS.
By placing an order, you represent that the shipping destination is a valid residential or commercial address within the 51 states.

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All caviar and related products (“Products”) are sold “AS IS” and “WITH ALL FAULTS.”

We expressly disclaim all warranties—express, implied, statutory, or otherwise—including but not limited to:

  • Merchantability

  • Fitness for a particular purpose

  • Accuracy of description (including tasting notes, origins, pairing suggestions)

  • Non-infringement

  • Absence of defects

Product imagery is for illustrative purposes only; actual items may vary.

5. FINAL SALE & ABSOLUTELY NO RETURNS

ALL SALES ARE 100% FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE from the moment your payment is authorized.

We do not accept returns, exchanges, or refunds under any circumstances, including but not limited to:

  • Carrier delays or mishandling

  • Failure to retrieve or accept delivery

  • Incorrect address entered by customer

  • Dissatisfaction with taste, texture, appearance, or quantity

  • Change of mind or event cancellation

  • Product degradation after delivery

  • Spoilage due to customer handling

  • Any reason not explicitly listed

6. SHIPPING, RISK TRANSFER & CUSTOMER’S SOLE RESPONSIBILITY

All Products ship via expedited, temperature-controlled courier.

Risk of loss, damage, spoilage, theft, or impairment transfers to you the moment the carrier scans the package as “picked up.”

You are solely responsible for:

  • Immediate acceptance of delivery

  • Accurate delivery information

  • Inspection upon receipt

  • Proper refrigeration (28–32°F / –2°C to 0°C)

We are not liable for delays, weather issues, courier errors, or any spoilage after risk has transferred.

7. NARROW EXCEPTION: MANUFACTURING DEFECT (SOLE DISCRETION)

We may, at our exclusive discretion, consider a remedy if a Product arrives with a verifiable manufacturing defect such as:

  • A breached, leaking, or unsealed tin (as shipped)

Mandatory requirements:

  1. Do not open the Product.

  2. Provide timestamped photos/videos within 60 minutes of delivery.

  3. Email all evidence to legal@caviarnantucket.com within that same 60 minutes.

If validated, our maximum liability is a replacement Product of equal type.
No refunds, credits, or alternative remedies.

8. PRICING & PAYMENT AUTHORIZATION

Prices are listed in USD and subject to change without notice.
You authorize us to charge the full amount upon order placement.

If a pricing error occurs, we may cancel the order before shipment.

9. MEMBERSHIP & PRIVATE ACCESS TERMS

Access to certain Products requires membership. Membership is:

  • Revocable at any time

  • Non-transferable

  • Terminated immediately if resale or public display occurs

  • Fully non-refundable

10. HYPER-AGGRESSIVE INTELLECTUAL PROPERTY PROTECTION

All intellectual property—including:
Caviar Nantucket™, Grey Lady™, Shimmo Legacy™, Sconset Reserve™, Cliff Royale™, Monomoy Grand™

as well as all logos, packaging, tin designs, product descriptions, marketing narratives, and brand aesthetics—is the exclusive property of Vitalyium LLC.

PROHIBITED USES INCLUDE:

  • Any unauthorized use or imitation

  • “Inspired by” branding

  • Comparative advertising

  • Data scraping or reverse engineering

  • Hosting caviar events using our brand name without a license

ENFORCEMENT PROTOCOL

Our legal counsel (Kirkland & Ellis LLP, Skadden Arps, Foley Hoag LLP, Quinn Emanuel) is authorized to pursue:

  • Maximum statutory and treble damages

  • Injunctive relief

  • Attorneys’ fees

  • Federal litigation under the Lanham Act

  • USPTO/WIPO enforcement

  • Customs seizures worldwide

No settlement will be considered without:

  1. Full admission of wrongdoing

  2. Public apology

  3. Payment of all legal fees

11. PROHIBITED USES & TERMINATION

You may not use the Site or Products for illegal or unauthorized purposes.

We may terminate access, cancel orders, and ban future purchases without notice if we suspect fraud or violation of these Terms.

12. LIMITATION OF LIABILITY: STRICT CAP

Our total liability for any claim shall never exceed the amount paid for the specific Product.

We are not liable for:

  • Consequential or punitive damages

  • Lost profits

  • Reputational harm

  • Spoilage, illness, allergic reactions

  • Any loss beyond the purchase price

13. DISPUTE RESOLUTION (MANDATORY ARBITRATION)

All disputes shall be resolved exclusively through binding arbitration administered by the AAA.

  • Venue: Wilmington, Delaware

  • Governing Law: Delaware

  • No class actions or class arbitration

  • Arbitrator may not award relief beyond Section 12

If arbitration is unavailable, litigation proceeds only in Delaware courts.

14. INDEMNIFICATION

You agree to indemnify and hold harmless Vitalyium LLC, its officers, employees, and legal counsel from any claim arising out of your misuse of the Site or violation of these Terms.

15. MODIFICATIONS & SEVERABILITY

We may modify these Terms at any time by posting revisions.
Continued use constitutes acceptance.

If any portion is deemed unenforceable, the remainder survives.

16. CONTACT FOR LEGAL NOTICES ONLY

Vitalyium LLC – Legal Department
c/o Litigation Counsel:
Kirkland & Ellis LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Foley Hoag LLP
Quinn Emanuel Urquhart & Sullivan LLP

Email: legal@caviarnantucket.com
General customer inquiries sent here will not be acknowledged.

FINAL ACKNOWLEDGMENT

By proceeding, you confirm that you have read, understood, and accepted every provision of these Terms. You acknowledge that these Terms are intentionally structured to provide maximum legal protection to Vitalyium LLC and are backed by a world-class litigation team.

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