Terms and Conditions
Last Updated: August 25, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WHEN YOU USE OUR WEBSITE OR ANY OF OUR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING WAIVING YOUR RIGHTS TO A JURY TRIAL AND TO BRING A CLASS ACTION AGAINST US. DO NOT USE OUR WEBSITE OR OUR PRODUCTS AND SERVICES IF YOU CANNOT AGREE TO ALL OF THESE TERMS AND CONDITIONS.
These Terms and Conditions (“Terms and Conditions”) apply to your use of the Brookshire’s Wildlife Museum (the “Museum”) website at www.bgcwildlifemuseum.org (our “Website”). The Website and Museum are operated by Brookshire Grocery Company and Brookshire Communities Foundation, (together, “Brookshire’s”).
Consent to Terms and Conditions
The Website is intended to be accessible and used by a general audience. Brookshire’s does not offer or sell any product or service through the Website to people under the age of 18. If you are under the age of 18, please use the Website only with the express permission of your parent or legal guardian.
Read this agreement carefully and completely before using the Website. By using the Website, you agree to our Terms of Use, and you agree that our Terms of Use create a legally binding agreement between you and Brookshire’s. If you do not agree with the Terms of Use, including any specific term, you are not authorized to use the Website for any purpose, and you should immediately discontinue any use of the Website.
Changes to the Terms and Conditions
Brookshire’s reserves the right to change the Terms and Conditions at any time and for any reason or no reason. We post any amended Terms and Conditions here, indicating in the document at the bottom, the date the Terms and Conditions were last changed. Any time you use our Website, you agree to be bound by the Terms and Conditions posted at the time of your use. You should periodically review the Terms and Conditions to ensure you understand the latest version. In the event of a conflict between any provision of the Terms and Conditions and any other policy or term of use applicable to any other website operated by Brookshire’s, the Terms and Conditions shall apply unless otherwise stated.
Right to Terminate Access
Brookshire’s, acting in its sole discretion and without notice, may deny or terminate any person’s access to all or part of the Website. Upon suspension or termination of your access to the Website, or upon notice from Brookshire’s, all rights granted to you under these Terms and Conditions will cease immediately, and you agree that you will immediately discontinue use of the Website.
Privacy Notice
In addition to the Terms of Use, please review our Privacy Notice explaining our privacy practices for the Website.
The Website was developed for Brookshire’s by Roller Networks Pty LTD (“Roller”), using Squarespace. Neither company is associated with Brookshire’s. Roller and Squarespace may obtain data, including certain personal data, about visitors to the Website. Roller and Squarespace are solely responsible for their own privacy practices and for any other products and services those companies may offer to you. Brookshire’s is not responsible or liable for any data obtained by Roller or Squarespace or for any other websites, products, or services offered or operated by them. For more information about how Roller uses your data, please visit Roller’s Privacy Policy, available at https://www.roller.software/privacy-policy. For more information about how Squarespace uses your data, please visit Squarespace’s Privacy Policy, available at https://www.squarespace.com/privacy.
Links to Other Websites
The Website may contain links to other websites that are not owned, controlled, or operated by Brookshire’s. These links do not constitute an affiliation with Brookshire’s or an endorsement or sponsorship by Brookshire’s of the websites or the third parties that operate the websites. Please be aware that the Terms and Conditions do not apply to these third-party websites. Brookshire’s does not control and does not assume any responsibility or liability for the operation or content of third-party websites. You are encouraged to review the terms of use for any website you choose to visit and confirm that they are acceptable to you prior to your use.
Trademark and Copyright Notice
All content, information, material, software, products, or services utilized on or made available through the Website (collectively “Content”) is the sole property of Brookshire’s or its content suppliers or vendors and is subject to trademark, service mark, copyright, and other intellectual property or proprietary rights held by Brookshire’s or its content suppliers or vendors and is protected by United States and international trademark and copyright laws. All Content on the Website not owned by Brookshire’s is the property of or is used under license from their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brookshire’s. Except as provided herein or as permitted by applicable law, you may not upload, post, reproduce, or distribute in any way the Content protected by trademark, service mark, copyright, or any other intellectual or proprietary right, without obtaining express permission of the owner of the protected right. No title, rights, or interests in any downloaded materials from the Website are afforded to you as a result of such downloading for personal, noncommercial use. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide Brookshire’s a written notification containing the information specified below. To notify Brookshire’s, please direct written notification to the following address: Brookshire Grocery Company, Attn: Legal Department, P.O. Box 1411, Tyler, Texas 75710. Please note that this procedure is exclusively for notifying Brookshire’s that your copyrighted material has been infringed; you may also be required to provide written notification to content suppliers and vendors for the Website. Information to provide: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed upon; 3. A description of where the material that you claim is infringing is located on the Website; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Restrictions on Use of the Website and its Content
The Website and its Content are intended for your personal, noncommercial use only. Except as permitted herein and as may be specifically agreed in writing by Brookshire’s, no Content from the Website may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way, except that where the Website is intentionally and specifically configured to enable the viewing or downloading of particular Content, visitors may view and download one copy of such Content to a single computer for the visitor’s personal use only, provided that visitors (a) keep intact all copyright, trademark, and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of Brookshire’s services or brands. All users agree to refrain from copying, modifying, reverse engineering, decompiling, or disassembling any software code included in the Content.
License and Access to the Website
Except as specifically permitted by the Terms and Conditions, using the Website does not confer, by implication, estoppels, or otherwise, any ownership right or license to the Website as a whole or to any individual elements of the Website, without regard to whether such elements are subject to copyright, trademark, or other proprietary protection. Brookshire’s grants you a limited, nonexclusive, non-transferable, revocable license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brookshire’s. This license does not include any resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of Account information for the benefit of another merchant; or any use of data mining, data scraping, robots, or similar data gathering and extraction tools. The Website, including any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brookshire’s. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brookshire’s without express written consent. You may not use any meta tags or any other “hidden text” utilizing Brookshire’s name or trademarks without the express written consent of Brookshire’s. Any unauthorized use terminates the permission or license granted by Brookshire’s. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Brookshire’s or the Site in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brookshire’s logo or other proprietary graphic or trademark without express written permission.
Reviews, Comments, Communications, and other Content
You may not submit or post any materials to the Website if doing so would be unlawful or would violate or infringe the rights of any person or entity. If you submit or post any materials to the Website, you represent and warrant to Brookshire’s that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity. You may not submit or post any materials to the Website that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; (c) advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. By submitting or posting materials to the Website, you give Brookshire’s the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. Brookshire’s has the right, but not the obligation, to screen materials submitted or posted to the Website by third parties, and to remove or edit any such materials for any reason and without notice. Brookshire’s takes no responsibility and assumes no liability for any content posted by you or any third-party.
Electronic Communications
When you send email or other electronic communications to Brookshire’s, you are communicating with us electronically and consent to receive return communications, if any, from Brookshire’s electronically. You agree that all agreements, notices, disclosures, and other communications that Brookshire’s may provide to you electronically satisfy any legal requirement that such communications be in writing.
Payment Transactions
Brookshire’s allows you to purchase tickets or make payments on the Website, processed by our payment processor. Payment receipts are emailed to the email address provided for your order. By using our online payment services, you represent that your credit or debit card details are accurate and that you are authorized to use the payment method. Our payment processor may place a temporary hold to verify your card and may ask for updated details if needed.
Please notify Brookshire’s promptly if your payment information changes or is compromised. If our payment processor is unable to secure funds from your payment method for any reason, including insufficient funds or inaccurate information provided when submitting electronic payment, Brookshire’s or our payment processor may take further collection actions, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate any purchased tickets, memberships, or other Museum access.
All ticket purchases are final. There are no refunds, cancellations, or rescheduling of purchased tickets. You acknowledge and agree to release Brookshire’s, its affiliates, and our Payment Processor from any claims arising from unauthorized transactions on your payment card that occur outside of Brookshire’s control, irrespective of whether such transactions are authorized or unauthorized.
Donations
The Museum accepts donations through the Website. Donations are generally non-refundable, except in cases of error or unauthorized transactions when adequate justification is provided. If you think a donation was made in error or without authorization, please contact us promptly. Identity verification will be required before any refund is processed, and refunds will be issued to the original payment method. If concerns about a donation are not raised in a timely manner, tax regulations and other factors may prevent the issuance of a refund.
To cancel or pause a recurring donation, please contact us. The cancellation or pause will take effect either in the current month or the next month, depending on when your request is received and your donation payment schedule.
The Museum follows applicable nonprofit tax laws and can provide written gift acknowledgements on request. Donors should seek their own legal and tax advice before giving to the Museum.
Limitations on Liability and Remedies
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BROOKSHIRE’S SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR CAUSED BY (I) YOUR ENROLLMENT AND/OR PARTICIPATION IN ANY BROOKSHIRE’S PROGRAM, (II) ANY PRODUCTS OR SERVICES DELIVERED, PURCHASED, OR USED, (III) ANY CLAIM ATTRIBUTABLE TO ANY ERROR, OMISSION, OR OTHER INACCURACY IN THE INFORMATION OR CONTENT PROVIDED BY BROOKSHIRE’S AND/OR THROUGH THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR (V) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEBSITE.
IF YOU ARE DISSATISFIED WITH YOUR USE OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. APLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BROOKSHIRE’S LIABILITY IS LIMITED AND ALL WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, AND BROOKSHIRE’S LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BROOKSHIRE’S, ITS BUSINESS PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY VENDORS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS (INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY PRODUCT OR SERVICE PROVIDED BY BROOKSHIRE’S, AND/OR ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS. YOU AGREE TO COOPERATE WITH BROOKSHIRE’S DEFENSE OF ANY CLAIM. YOU WILL NOT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF BROOKSHIRE’S.
Choice of Law
The Terms and Conditions shall be governed by, and will be interpreted according to, the laws of the State of Texas, United States, without regard to any conflict-of-law provisions. Jurisdiction and venue shall lie in the Federal and State courts in Smith County, Texas, United States. By using the Website, you consent to the exclusive jurisdiction of these courts, and you waive any objection you may have to the forum and venue of these courts in proceedings arising out of or in connection with the Terms and Conditions.
Waiver of Jury Trial and Class Action Claims
EACH PARTY, ON BEHALF OF ITSELF AND ANY PERSON CLAIMING BY OR THROUGH IT, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED UPON THESE TERMS AND CONDITIONS, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY COURSE OF DEALING, STATEMENTS, WHETHER VERBAL OR WRITTEN, OR ACTION OF OR BY A PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTY (both you and your affiliates, on one hand, and Brookshire’s and its affiliates on the other hand), ON BEHALF OF ITSELF AND ANY PERSON CLAIMING BY OR THROUGH IT, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY agree that any claims or controversies between the parties must be brought against each other on an individual basis only and agree to expressly waive any rights to file a claim or seek relief as a plaintiff or class member in a class action, consolidated action, or representative action in any jurisdiction or forum. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THESE TERMS AND CONDITIONS.
Legal Disclaimers
ALTHOUGH BROOKSHIRE’S RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMMISSIONS, OR INACCURACIES, BROOKSHIRE’S DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY BROOKSHIRE’S OR THROUGH THE WEBSITE, OR THAT ANY ERROR, OMMISSION, OR INACCURACY WILL BE CORRECTED. BROOKSHIRE’S DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROOKSHIRE’S MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY OR THROUGH THE WEBSITE, PRODUCTS AND SERVICES, OR BROOKSHIRE’S STORES. BROOKSHIRE’S DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WEBSITE, INCLUDING ANY ERRORS IN OR OMISSIONS IN THE WEBSITE.
Miscellaneous Provisions
The Terms and Conditions incorporate by reference any and all other notices or policies contained on the Website or otherwise provided to you and constitute the entire agreement with respect to your use of the Website. Headings used in the Terms and Conditions are for reference purposes only and in no way define or limit the scope of any section. Any failure on the part of Brookshire’s to exercise or enforce any right or provision of the Terms and Conditions or any other applicable term or policy shall not constitute a waiver of such right or provision. If any part of the Terms and Conditions or any other applicable terms or policy are found by a court of competent jurisdiction to be invalid, it is agreed we will endeavor to give effect to the intention of such provision by making reasonable modifications in the provision if practicable and that we will continue to honor all other terms and provisions of these Terms and Conditions or any other applicable terms or policy, which are intended to remain in full force and effect.
Contact Us
If you have any questions about these Terms and Conditions or other questions or concerns, pleases contact us:
By Mail:
Brookshire Grocery Company
Attn: Brookshire’s Wildlife Museum
P.O. Box 1411
Tyler, Texas 75710
By Telephone: 903-309-6798
By Email: museum@brookshires.com