Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "customer") and Fresh Off the Vine ("we," "us," or "our"), governing your access to and use of the freshoffvine.com website and all related services, including browsing, purchasing products, creating an account, and interacting with our platform.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or purchase our products.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our website and make purchases. By using our website, you represent and warrant that you meet these eligibility requirements. If you are using the website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

To place orders and access certain features, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your login credentials secure and confidential
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or are used for fraudulent activity.

4. Products and Descriptions

We make every effort to accurately display and describe our products, including images, descriptions, ingredients, and pricing. However:

• Product images are for illustrative purposes and actual products may vary slightly in appearance
• We do not warrant that product descriptions, images, pricing, or other content on our website are error-free, complete, or current
• Colors displayed on your screen may differ from the actual product due to monitor settings
• We reserve the right to correct any errors in product information and to update information at any time without prior notice

4.1 Food Safety and Allergen Information

Our products are food items (condiments, salsas, dressings, and sauces). While we list ingredients on our product pages, we strongly recommend that customers with food allergies or dietary restrictions carefully review all ingredient labels on the physical product packaging before consumption. Manufacturing processes may change, and we cannot guarantee that products are free from all potential allergens.

5. Pricing and Payment

5.1 Pricing

• All prices are listed in US Dollars (USD) and are subject to change without notice
• Prices do not include applicable taxes or shipping charges, which will be calculated and displayed at checkout
• In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you of the cancellation
• Promotional prices or discounts are valid for the specified period only and may be subject to additional terms

5.2 Payment

• We accept payments via credit and debit cards processed through Stripe
• Payment is collected at the time your order is placed
• You represent that you are authorized to use the payment method provided
• All payment information is processed securely through PCI-DSS compliant payment processors; we do not store your full card details on our servers

5.3 Sales Tax

Applicable sales tax is calculated based on the shipping destination and will be added to your order total at checkout. Tax rates are determined by the requirements of each state and local jurisdiction.

6. Orders and Fulfillment

6.1 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product availability, errors in product or pricing information, suspected fraud, or issues identified by our credit and fraud prevention systems. If we cancel your order after payment has been processed, we will issue a full refund.

6.2 Order Tracking

Once your order has been shipped, you will receive a notification with tracking information. You can also track your order status through your account or our public order tracking page.

6.3 Shipping

• We currently ship within the United States
• Free standard shipping is available on orders over $50
• Shipping times are estimates and are not guaranteed; delays may occur due to carrier issues, weather, or high demand periods
• Risk of loss and title for purchased products pass to you upon delivery to the shipping carrier
• We are not responsible for delays or damage caused by shipping carriers after the package has left our facility

6.4 Delivery

You are responsible for providing an accurate and complete shipping address. We are not liable for orders delivered to incorrect addresses provided by the customer. If a package is returned to us due to an incorrect address, you may be responsible for additional shipping charges.

7. Returns and Refunds

7.1 Return Policy

Due to the perishable nature of our food products, we generally do not accept returns of opened products. However, we stand behind the quality of our products and will address legitimate concerns:

• Damaged or Defective Products: If your order arrives damaged, defective, or spoiled, contact us within 7 days of delivery with photos of the damage. We will provide a replacement or full refund at our discretion.
• Incorrect Orders: If you receive the wrong product(s), contact us within 7 days of delivery. We will ship the correct item(s) at no additional cost.
• Unopened Products: Unopened products in original condition may be returned within 14 days of delivery for a refund. Customer is responsible for return shipping costs.

7.2 Refund Process

Approved refunds will be credited to the original payment method within 5-10 business days after we process the refund. The timing of the credit appearing on your statement depends on your payment provider.

7.3 Cancellations

Orders may be cancelled before they are shipped. Once an order has been shipped, it cannot be cancelled and must follow the return process outlined above. To request a cancellation, contact us as soon as possible.

8. Product Reviews

Customers may submit reviews and ratings for products they have purchased. By submitting a review, you agree that:

• Your review is based on your genuine experience with the product
• Your review does not contain false, misleading, defamatory, or offensive content
• Your review does not violate any third party's rights, including intellectual property rights
• We may moderate, edit, or remove reviews at our discretion
• You grant us a non-exclusive, royalty-free, perpetual license to use, display, and distribute your review content

Reviews are subject to moderation and approval before being displayed on the website.

9. Intellectual Property

All content on the Fresh Off the Vine website, including but not limited to text, graphics, logos, images, product names, product descriptions, photography, page layout, and software, is the property of Fresh Off the Vine or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, modify, or create derivative works from our content without written permission
• Use our trademarks, service marks, or logos without prior written consent
• Scrape, crawl, or use automated tools to extract data or content from our website
• Frame or mirror our website or any portion of it on any other server or website

10. Prohibited Conduct

When using our website, you agree not to:

• Use the website for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the website, other accounts, or computer systems
• Interfere with or disrupt the website, servers, or networks connected to the website
• Upload or transmit viruses, malware, or other malicious code
• Use the website to collect personal information about other users without their consent
• Place fraudulent orders or use stolen payment methods
• Resell our products without prior written authorization
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity

11. Limitation of Liability

To the fullest extent permitted by applicable law, Fresh Off the Vine and its officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) our website or services
• Any conduct or content of any third party on our website
• Any content obtained from our website
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising out of or relating to these Terms or your use of the website shall not exceed the amount you paid to us for the specific product(s) giving rise to the claim in the 12 months preceding the claim.

12. Disclaimer of Warranties

Our website and all products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

• The website will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of the website will be accurate or reliable
• Any defects in the website will be corrected

13. Indemnification

You agree to indemnify, defend, and hold harmless Fresh Off the Vine and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your use of the website; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit or post on the website.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on this page with a new "Last updated" date. Your continued use of the website after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fresh Off the Vine regarding your use of the website and supersede all prior agreements and understandings, whether written or oral.

18. Contact Us

If you have questions about these Terms of Service, please contact us: