Terms of service

Terms of Service

Overview

This website is operated by Fruits & Roots, LLC. Throughout the site, the terms "we," "us," and "our" refer to Fruits & Roots, LLC, doing business as Fruits & Roots Coffee Roasters. Fruits & Roots Coffee Roasters offers this website, including all information, tools, products, 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 our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features, products, or tools added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

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, or that you are the age of majority and have given us 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 violate any laws in your jurisdiction while using the Service.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of the Terms may result in immediate termination of your access to our Services.

Section 2 - General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website without express written permission from us.

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

Section 3 - Accuracy, Completeness, and Timeliness of Information

We do our best to provide accurate and current information, but 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 as the sole basis for making decisions without consulting more complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update information on our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part or content thereof, without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We make every effort to display product colors, packaging, and images as accurately as possible. However, we cannot guarantee that your device's display will accurately show the true color, size, or appearance of our products.

Coffee and tea are natural products. Flavor notes, roast profiles, tea ingredients, availability, and product details may vary slightly from batch to batch due to crop changes, harvest timing, sourcing, ingredient availability, roasting, blending, and packing.

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 quantities of any products or Services that we offer. All product descriptions and pricing are subject to change at any time without notice, at 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.

Section 6 - 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, household, or order. These restrictions may include orders placed by or under the same customer account, credit card, billing address, or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you using the email, billing address, phone number, or account information provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or unauthorized third-party sellers.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, billing information, shipping address, and payment information, so we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

Section 7 - Shipping, Local Delivery, and Pickup

Shipping times, delivery estimates, and pickup windows are estimates only and are not guaranteed unless specifically stated in writing.

We are not responsible for shipping delays caused by carriers, incorrect addresses, weather, holidays, high-volume shipping periods, or circumstances outside of our control.

You are responsible for providing a complete and accurate shipping or delivery address. If an order is returned, delayed, lost, or delivered incorrectly because of inaccurate customer-provided information, additional charges may apply.

Local delivery and pickup options, if available, may be limited by location, schedule, order minimums, or product availability.

Section 8 - Food, Beverage, and Allergen Notice

Our products may include coffee, tea, herbs, spices, natural flavors, dried fruit, nuts, dairy-based ingredients, or other food ingredients.

While we do our best to provide accurate ingredient and product information, our products may be prepared, packed, stored, or handled in shared spaces where allergens may be present.

Customers with allergies, sensitivities, dietary restrictions, or medical concerns should review all product information carefully and contact us before purchasing if they have questions.

Our products are not intended to diagnose, treat, cure, or prevent any disease. Any information shared on our website about coffee, tea, ingredients, brewing, caffeine, or wellness is for general information only and should not be considered medical advice.

Section 9 - In-Person Purchases, Events, and Cafe Service

Fruits & Roots Coffee Roasters may offer products and Services in person, including cafe service, pop-ups, mobile coffee cart service, private events, tastings, markets, or other in-person experiences.

Menu items, pricing, availability, service hours, and offerings may vary by location, event, season, or product availability.

For in-person purchases, all sales are subject to the policies posted or communicated at the point of sale. We reserve the right to refuse service, limit quantities, modify menus, or discontinue any product or Service at any time.

Customers are responsible for reviewing ingredients and allergen information before purchasing. Our products may be prepared or served in spaces where allergens are present, including but not limited to milk, tree nuts, wheat, soy, eggs, and other common allergens.

For private events, catering, or mobile coffee cart bookings, additional terms, agreements, deposits, cancellation policies, and service requirements may apply.

Section 10 - Optional Tools

We may provide you with access to third-party tools over which we do not monitor and have no control.

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 endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should make sure you understand and agree to the terms provided by the relevant third-party provider.

We may also offer new Services and/or features through the website in the future. Such new features and/or Services shall also be subject to these Terms of Service.

Section 11 - Third-Party Links

Certain content, products, and Services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, policies, products, services, or practices of third-party websites.

We are not liable for any harm or damages related to purchases, use of goods or services, content, resources, or transactions made in connection with third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction. Questions, complaints, claims, or concerns regarding third-party products should be directed to the third party.

Section 12 - User Comments, Feedback, Reviews, and Other Submissions

If you send us comments, reviews, photos, ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, through social media, or otherwise, you agree that we may use, edit, copy, publish, distribute, translate, and display those submissions in any medium.

We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, misleading, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You agree that your comments will not contain unlawful, abusive, obscene, or misleading material, or any computer virus or malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

Section 13 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:

[LINK TO PRIVACY POLICY]

Section 14 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, product availability, ingredients, or other details.

We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 website, including pricing information, except as required by law.

Section 15 - Prohibited Uses

In addition to other prohibitions 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 unlawful acts;
(c) to violate any international, federal, state, provincial, or local laws, rules, regulations, or 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, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any protected status;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware, or malicious code;
(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;
(k) to interfere with or circumvent the security features of the Service or any related website;
(l) to file false chargeback claims or fraudulently dispute valid transactions;
(m) to resell our products without express written permission;
(n) to use our brand name, product names, images, copy, packaging, or content without written permission.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 16 - Intellectual Property

All content on this website, including text, graphics, logos, images, product names, product descriptions, photography, videos, icons, designs, and other materials, is owned by or licensed to Fruits & Roots Coffee Roasters unless otherwise stated.

You may not copy, reproduce, distribute, modify, sell, resell, or exploit any portion of our website, content, products, packaging, brand materials, or intellectual property without express written permission from us.

Section 17 - Disclaimer of Warranties and 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 obtained from using the Service will be accurate or reliable.

You agree that 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, warranties, or conditions of any kind, either express or implied.

In no case shall Fruits & Roots Coffee Roasters, Fruits & Roots, LLC, our owners, directors, officers, employees, affiliates, agents, contractors, 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.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Service or any products purchased through the Service.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Fruits & Roots Coffee Roasters, Fruits & Roots, LLC, and our owners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, or your violation of the rights of a third party.

Section 19 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

Section 20 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing use of 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 this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.

Section 21 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

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

Section 22 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the State of Ohio.

Section 23 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes constitutes acceptance of those changes.