Please email us at firstname.lastname@example.org if you have any questions. Thank you for visiting our Site and for supporting our products!
The Fruit Tree may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on this Site or via e-mail. Your continued use of this Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use the Site or our products.
You agree to use this Site for your own personal, non-commercial use only. You also agree that your use of the Site and any of our products does not violate any applicable law or regulation. Finally, you acknowledge that you have the right, authority and capacity to enter into these Terms.
The content of this Site is the exclusive property of The Fruit Tree. You agree to not extract, modify, reproduce or distribute any of the Site’s content for any purpose other than for your own personal, non-commercial use, without the prior written consent of The Fruit Tree.
You agree that The Fruit Tree may send you e-mail to advise you of our products, changes to this Site or for other purpose.
We have made every effort to display the colors of our products as accurately as possible. However, we cannot guarantee that your monitor's display will be accurate as the actual colors you see depend on your monitor.
From time to time there may be information on this Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).
You agree not to use the Site to:
(a) harm others, including, but not limited to, infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
(b) violate any laws, regulations, treaties or governmental or judicial order;
(c) send or enable the transmission of junk email, "phishing" or "spamming" or unsolicited or duplicative messages;
(d) Distribute, transmit or upload programs or material that contains malicious code, including, but not limited to, viruses, cancelbots, time bombs, Trojan horses, worms, spyware, Easter eggs, or other potentially harmful programs or other materials or information;
(e) impair, disrupt, alter or otherwise interfere with the content, features, functions, or use of this Site;
(f) improperly display any TCP/IP packet header or part of the header information in any e-mail or other postings;
(g) gain illegal or unauthorized access to other computers or networks through hacking or other means;
(h) gain unauthorized access to this Site; or
(i) assist or permit any person to engage in any of the activities described above.
Even though the above activities are prohibited, you agree if you become exposed to them while using this Site neither The Fruit Tree nor any of our officers, shareholders, directors, advertisers, employees or corporate partners will in any way be responsible for any damages caused by such exposure.
You agree that links to third party websites, including advertisements, are provided to you for convenience purposes only and that The Fruit Tree does not guarantee, endorse or have responsibility for the content, products or services of any third party websites.
We greatly value your suggestions, comments, feedback, postcards, ideas, and other submissions you may provide The Fruit Tree ( “Comments”). Comments shall be The Fruit Tree’s property and the offering of Comments to The Fruit Tree shall constitute your assignment to The Fruit Tree of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, The Fruit Tree will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Fruit Tree shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to The Fruit Tree.
If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to email@example.com:
(a) A description of the copyrighted work that you claim has been infringed upon and the location where the original or an authorized copy of the copyrighted work exists;
(b) A description of where the infringing material is located on our website;
(c) Your name, address, telephone number, and e-mail address;
(d) The signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;
(e) A statement that you have a good-faith belief that The Fruit Tree’s use of the content is not authorized by the copyright owner, its agent, or the law and
(f) A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, THE FRUIT TREE, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR THE PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S ACCESS OR USE OF THIS SITE, ANY CONTENT POSTED ON THIS SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED FROM THE FRUIT TREE.
THE CONTENT OF THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. PLEASE CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
National deliveries are shipped via UPS Overnight. Shipping is out of the control of The Fruit Tree and we cannot guarantee orders arriving at any specific time. With regard to "local deliveries", local deliveries within qualifying California zip codes are delivered as early as 1PM on the selected delivery date or no later than 8PM on the evening of your selected delivery date. We must have all information to complete your delivery successfully - including gate codes and special instructions. The juices are packed in insulated cooler bags or ice and will remain cool on your doorstep until midnight. IMPORTANT TO NOTE: if we are unable to complete delivery upon first attempt between 1PM- 8PM due to failed access, delivery will be reattempted the next day between 1PM-8PM at a $18 re-delivery service fee.
There is a considerable amount of planning for each of your orders as they are made fresh. As a result, once you confirm your purchase no refunds are offered. However, if you cancel your order at least 48 hours prior to a scheduled delivery you will be credited your purchase price for a future order. For example, if you are scheduled for a Wednesday evening delivery, you must inform of us of any change in your order by Monday evening. After Monday evening, your order would be confirmed and could not be changed for any reason.
The Fruit Tree will replace any product you can reasonably demonstrate was damaged during transit. If you received any damaged product, please e-mail us at firstname.lastname@example.org.
ALL PRODUCTS ARE SOLD "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
THE FRUIT TREE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR OF OUR PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE OR OF OUR PRODUCTS.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT THE FRUIT TREE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF THIS SITE OR OF OUR PRODUCTS.
THE FRUIT TREE’S PRODUCTS HAVE NOT BEEN FLASH PASTEURIZED.
PROJECT JUICE’S PRODUCTS ARE GUARANTEED FRESH FOR 3 DAYS, AS THEY HAVE PERISHABLE NUTRIENTS AND ENZYMES AND ARE NOT PASTEURIZED. PLEASE DO NOT CONSUME OUR PRODUCTS MORE THAN 3 DAYS AFTER THEY HAVE BEEN DELIVERED.
The Fruit Tree does not provide medical or counseling advice. None of our services and nothing stated or posted on thefruittree.com is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, diagnosis, prognosis, advice, psychiatry, psychology, psychotherapy or general health care treatment. Please seek the advice of your medical professionals as appropriate regarding the evaluation of any information, opinion o content on thefruittree.co.
Some services offered by The Fruit Tree are subscription based services which are subject to Auto Renewal Terms. Your subscription will be automatically renewed and your credit card will be automatically charged on a weekly, bi-weekly, monthly or quarterly basis, depending upon the billing terms for your account, for as long as you remain a member, but for no less than the minimum required term. You agree that The Fruit Tree will not be required to send you any renewal or advance billing notifications or confirmations that your credit card has been charged. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to The Fruit Tree at the time of the suspension or termination.
Promotional discounts and all other offers are not valid towards subscription based services.
You agree to indemnify and hold The Fruit Tree harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your use of the Site or (b) your or anyone else's use or consumption of any products that you purchased through this Site.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
YOU AND THE FRUIT TREE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OF THE FRUIT TREE’S PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms and your use of this Site and of our products shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
For any dispute you have with The Fruit Tree, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that we cannot resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Site or our products by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
The arbitration will be conducted in Alameda County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to The Fruit Tree.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE FRUIT TREE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATING IN A CLASS ACTION.
You acknowledge that The Fruit Tree is based in California and agree that the Site and our products do not give rise to personal jurisdiction, either specific or general, over The Fruit Tree in jurisdictions other than California. You and The Fruit Tree agree to submit to the personal jurisdiction of a state court located in Alameda County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as described in the arbitration provision above.
If you have any questions about our product, please do not hesitate to contact us at firstname.lastname@example.org.
Last Updated August 2017.