Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Earth Club LLC, a New York limited liability company ("Company," "we," "our," or "us"), governing your access to and use of the website earthclub.kitchen (the "Site") and all related services, products, and content (collectively, the "Services").

By accessing, browsing, or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Site and Services.

These Terms are subject to the laws of the State of New York and applicable federal laws of the United States.

2. Company Information

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Services. By using our Site, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• You are not prohibited by law from using our Services
• All information you provide to us is accurate, current, and complete
• You will maintain and promptly update your information as needed

4. Products and Services

4.1 Product Descriptions

We make every effort to display products as accurately as possible. However, we cannot guarantee that colors, images, or descriptions on your device will be accurate. All product descriptions, images, and other information are provided for informational purposes only.

4.2 Product Availability

All products are subject to availability. We reserve the right to:

• Limit quantities available for purchase
• Discontinue any product at any time without notice
• Refuse service to any customer for any reason
• Limit sales to certain geographic regions

4.3 Perishable Products

Our cold-pressed juices and wellness products are perishable goods. Due to the nature of these products, special terms apply as outlined in our Refund Policy.

5. Pricing, Payment, and Billing

5.1 Pricing

All prices are displayed in U.S. Dollars (USD) and do not include applicable taxes or shipping costs unless otherwise stated. Prices are subject to change without notice. We reserve the right to correct any pricing errors, even after an order has been placed.

5.2 Payment

Payment is required at the time of purchase. We accept payment through our secure payment processing system, including major credit cards, debit cards, Apple Pay, Google Pay, and other available payment methods. By providing payment information, you represent that you are authorized to use the payment method.

5.3 Sales Tax

Applicable sales tax will be calculated and added to your order based on the delivery address in accordance with state and local tax laws.

6. Orders and Fulfillment

6.1 Order Acceptance

Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by us. We reserve the right to accept or decline any order at our sole discretion, including for:

• Suspected fraudulent activity
• Pricing or product errors
• Product unavailability
• Inability to verify payment or shipping information
• Violations of these Terms

6.2 Order Cancellation

Due to the perishable nature of our products and our production schedule, orders cannot be cancelled once placed. Please review your order carefully before completing your purchase.

6.3 Shipping and Delivery

We ship to addresses within the United States. Shipping times and costs vary based on location and selected shipping method. Title and risk of loss pass to you upon delivery to the carrier. You are responsible for inspecting products upon receipt.

7. All Sales Final Policy

By placing an order, you acknowledge and agree that our products are perishable goods and that this no-refund policy is necessary and reasonable.

8. User Accounts

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your account information is accurate and current
• Notifying us immediately of any unauthorized access or use

We reserve the right to terminate, suspend, or restrict your account at any time for any reason, including suspected violations of these Terms.

9. Intellectual Property

All content on our Site, including but not limited to text, graphics, logos, images, photographs, videos, audio, software, and the overall design and arrangement (collectively, "Content"), is owned by or licensed to Earth Club LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content without our express written permission, except for temporary storage on your device for personal, non-commercial viewing.

10. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of any laws
• Violate or infringe upon the rights of others
• Attempt to gain unauthorized access to any systems or data
• Interfere with or disrupt the operation of our Site or Services
• Upload or transmit viruses, malware, or other harmful code
• Use automated systems or bots to access or scrape our Site
• Engage in any data mining or collection activities
• Impersonate any person or entity or misrepresent your affiliation
• Use the Site to send spam or unsolicited communications
• Attempt to circumvent any security or access controls
• Resell or commercially exploit our products without authorization

11. Health Disclaimer

Before consuming our products, you should:

• Consult with a healthcare professional if you have any medical conditions
• Review ingredient lists carefully for potential allergens
• Be aware that our products may be processed in facilities that handle nuts and other allergens
• Not use our products as a substitute for professional medical advice or treatment

We are not responsible for any adverse reactions or health effects from consuming our products. You assume all risks associated with the consumption of our products.

12. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Site will meet your requirements or that defects will be corrected. Your use of the Site is at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARTH CLUB LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO:

• Your use of or inability to use the Site or Services
• Any products purchased through the Site
• Any content on the Site
• Unauthorized access to your transmissions or data
• Any third-party conduct or content

Our total liability for any claim arising from these Terms or your use of the Services shall not exceed the amount you paid for the specific product giving rise to the claim, or fifty dollars ($50), whichever is greater.

14. Indemnification

You agree to indemnify, defend, and hold harmless Earth Club LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable law.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@earthclub.kitchen to attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within 30 days.

16.2 Binding Arbitration

If informal resolution is unsuccessful, you and Earth Club LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in New York, New York, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action lawsuit or class-wide arbitration.

17. Electronic Communications

By using our Site or providing us with your email address, you consent to receive electronic communications from us, including order confirmations, shipping notifications, promotional offers, and other communications related to your use of our Services. You may opt out of promotional communications at any time, but transactional communications related to your orders will continue.

18. Third-Party Links and Services

Our Site may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or operations of these third parties. Your use of third-party sites and services is at your own risk and subject to their terms and policies.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site with an updated "Last Updated" date. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

20. 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 invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

21. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Earth Club LLC regarding your use of the Site and Services, superseding any prior agreements or understandings.

22. Contact Information

For questions about these Terms, please contact us: