Terms of Service

  1. Introduction and Acceptance of Terms: Welcome to the Organic Favorite website, operated by BerryLemon Inc ("Organic Favorite", "we", "us", or "our"). By accessing or using our website, creating an account, or making a purchase, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.
  2. Changes to Terms: We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting the revised version on our website. Your continued use of the website or services after any such changes constitutes your acceptance of the new terms. We encourage you to review the Terms of Service periodically for any updates.
  3. Intellectual Property Rights: All content, designs, graphics, logos, and software code on the Organic Favorite website are the property of BerryLemon Inc or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from our website content without our prior written consent.
  4. Prohibited Uses: When using the Organic Favorite website and services, you agree not to:
    • Violate any applicable laws and regulations
    • Infringe on the intellectual property or other rights of Organic Favorite or third parties
    • Engage in fraudulent, deceptive, or misleading activities
    • Attempt to access or hack into secure areas of the website or servers
    • Interfere with the proper functioning of the website, such as by introducing viruses or malicious code
    • Harass, abuse, or harm other users or Organic Favorite staff
    • Use the website or services for any unauthorized commercial purposes or spam
    • Impersonating another person or entity or creating fake accounts Organic Favorite reserves the right to terminate your access to the website and services if you engage in any prohibited conduct.
  5. User Content and Reviews: Users may have the ability to post product reviews, ratings, comments, or other content on the Organic Favorite website. By submitting any content, you grant Organic Favorite a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, reproduce, modify, and distribute the content in connection with our website and services. You represent and warrant that you own or have the necessary rights to the content you submit and that it does not infringe on any third-party rights or violate any applicable laws.
  6. Third-Party Links and Tools: The Organic Favorite website may contain links to third-party websites, advertisements, or tools that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of those third parties. Your interactions with third-party sites and services are at your own risk and subject to their respective terms and policies.
  7. Disclaimers of Warranties: Organic Favorite provides its website and services on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We do not guarantee that the website will be uninterrupted, error-free, or secure. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the website and services is at your own risk.
  8. Limitation of Liability: To the maximum extent permitted by law, Organic Favorite and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website, products, or services. This includes damages for lost profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. Our total liability for any claims under these Terms shall be limited to the amount you paid for the product or service giving rise to the claim.
  9. Indemnification: You agree to indemnify, defend, and hold harmless Organic Favorite, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of your use of the website, violation of these Terms, or infringement of any third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
  10. Governing Law and Dispute Resolution: These Terms shall be governed by and construed in accordance with the laws of Delaware, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Pinellas county, FL and you consent to the jurisdiction of such courts. In the event of a dispute, you agree to first contact Organic Favorite to seek an informal resolution.
  11. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Organic Favorite to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
  12. Entire Agreement: These Terms of Service, together with the Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and Organic Favorite regarding your use of the website and services, superseding any prior agreements or understandings.
  13. Shipping and Delivery: Orders placed through the Organic Favorite website are processed and shipped usually within 1-2 days of receipt; although it could take weeks/months if something is on backorder. We offer standard and expedited shipping options, with costs and estimated delivery times provided at checkout. Organic Favorite is not responsible for any delays or delivery failures caused by carriers or factors beyond our control.
  14. Returns and Refunds: Organic Favorite accepts returns of unopened and unused products within 30 of delivery for a full refund, minus shipping costs. To initiate a return, please contact our customer service team at returns@organicfavorite.com. Sale items and customized orders are final and non-refundable.