Terms of Service

Bite the Fruit, a retailer based in Washington, DC, offers this Website, our online store, features and services, subject to the following Terms of Service along with our Privacy Policy and Cookie Statement. If you do not agree with the provisions set forth in our Terms of Service, Privacy Policy and Cookie Statement, do not use this Website.

 

This Website contains explicit images and information which may not be suitable to some individuals. When you access this Website you affirm that you are at least 18 years of age, or 21 in places in which 18 is not the minimum legal age of consent, and at a location where viewing adult material is not prohibited.

 

We do not actively and knowingly advertise, solicit or sell to children or minors.

 

You are responsible for your behavior in your use of this Website and for respecting our rights and the rights of other persons or entities in connection with this Website and its content.

 

• You may not use this Website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.

• You may not violate anyone's rights via downloading, emailing, transmitting, or otherwise using this Website.

• You may not use this Website to post or send any infringing, threatening, defamatory, libelous, obscene or pornographic material.

• You may not use or exploit any portion of this Website to distribute commercial messages, spam or other unsolicited communications.

• You may not directly or indirectly, intentionally disrupt or interfere with this Website in any manner that may adversely affect us or any third party.

• You may not take any action that imposes or may impose an unreasonable or disproportionately large load on our network infrastructure.

• You may not bypass any of our measures to prevent or restrict access to this Website.

We expressly disclaim any responsibility for the actions of any user of this Website.

 

The use of this Website is solely at your own risk. It is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind with respect to this Website whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

 

We do not make any warranty that this Website will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by the use of this Website will be accurate or reliable.

 

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if advised of the possibility of such damages) resulting from any matter related to your use of this Website.

 

This Website may include links to other websites such as UPS or MapQuest or social network platforms such as Facebook or Instagram. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by us with respect to the linked site or its provider. We do not make any representations or warranties with respect to any linked website. Your use of any linked website is solely at your own risk.

 

You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with this Website is to cease using it.

 

We reserve the right to refuse to offer access to this Website to anyone at any time. We may block, suspend, or terminate your use of this Website at any time for any reason which may include, but are not limited to, the following:

 

• Site maintenance

• Your breach of this agreement

• We are unable to verify or authenticate some or all of the information you provided to us

• Your use of this site may cause loss or damage to us

• Your use of this site creates legal liability to us

• Your use of this site violates the law or our policies

Product Guideline

We do not warrant that our guidelines for product use are accurate, complete, reliable, current or error-free. Our guidelines are based on our own personal observations, experiences or opinions. If you encounter a problem with any of our guidelines, your only redress is to cease following them.

 

All of the products available on this Website are represented and sold as novelties for adult entertainment. We do not sell products that are intended to diagnose, treat, cure or prevent a medical condition, disease or illness.

 

Your health and safety are important to us, however, we are not responsible for any injury or fatality as a result of the use or handling of any of the products provided through this Website.

 

Some products require a certain amount of knowledge. You are responsible to acquire the necessary education, instruction or training from the appropriate professionals and other relevant sources for the safe use or handling of any of the products provided through this Website.

 

You are responsible to consult with a physician, health or medical professional regarding any health concerns you may have with the safe use or handling of any of the products provided through this Website.

 

We attempt to be as accurate as possible. However, we do not warrant that product descriptions are accurate, complete, reliable, current or error-free. If a product is not as described, your sole remedy is to return it in a new, unused condition. Images are provided for reference. Product packaging may vary from its picture. A product may not be the same color as its picture.

 

We will provide a product as described, however, we reserve the right to substitute a similar product of equal or more value to the one ordered.

 

Liquid and aerosol solvents are sold as cleaning agents to remove nail polish, glue residue or other ordinary contaminants. These toxic and flammable solvents may be fatal or physically harmful when ingested, inhaled, or absorbed through the skin or eyes.

 

Nitrous oxide cartridges are sold as culinary devices used in conjunction with compressed air dispensers to produce whipped cream. Inhalation, misuse or mishandling of these cartridges may cause physical injury or fatality.

 

Use products as directed by the product manufacturer. Read labels, warnings, directions, and other information provided with the product before use. For additional information about a product, contact the product manufacturer. 

Statements regarding sexual enhancements and dietary supplements may or may not have been evaluated by the FDA. No product available on this Website is intended to diagnose, treat, cure, or prevent any disease or health condition. You are responsible to consult with a physician, health or medical professional to determine the safety and suitability for your use of any product available from this Website.

 

We are not responsible for physical injury or fatality arising from the use, misuse or mishandling of any product provided through this Website, either alone or in combination with medications or other factors.

 

In store: We accept cash, American Express, Visa, Mastercard, Discover, Apple Pay and Google Pay.

 

Online store: We accept American Express, Visa, Mastercard and Discover.

 

ENHANCED ONLINE SECURITY: An online purchase of $200.00 or more requires a confirmation of the order. We will send you an email to confirm your order.
 

IN-STORE PICKUP: For a purchase of $200.00 or more, we ask that you sign our copy of your receipt and provide proof of identity (i.e., driver's license or government issued picture ID).

 

GIFT CERTIFICATE OR VOUCHER: To redeem a Bite the Fruit Gift Certificate, Loyalty Program Gift Voucher or Play Money, present the voucher (displayed on your smart phone or printed) to the sales associate prior to finalizing your purchase. For online purchases, enter the Voucher Number or Online Code on the Add a note to your order—Special instructions for seller section. (See Restrictions)

 

Copyright of this Website and its contents belong to Bite the Fruit. The Bite the Fruit logo is a registered design mark belonging to Bite the Fruit. The words "bite the fruit" are a registered word mark belonging to Bite the Fruit.

 

Certain content, such as third party copyrighted materials and trademarks, are used by permission or within acceptable fair use laws.

 

You may not, except as allowed by law (such as fair use), or as expressly permitted in connection with specific content, or with expressed written permission from us, reproduce, modify, display, perform, distribute, commercially exploit or use in any way, all or part of the contents of this Website. You may not transmit or store all or part of the contents of this Website in any form of publication or other website or other form of electronic retrieval system. 

 

If permission is granted by us or allowed by fair use laws, any redistribution or reproduction of all or part of the contents of this Website in any form is prohibited other than under the following conditions:

 

• You may print or download part of the contents of this Website or extracts to a local hard disk for your personal and non-commercial use only.

• You may copy part of the contents of this Website or extracts to individual third parties for their personal use, but only if you acknowledge our Website as the source of the material.

There is no agency, partnership or joint venture relationship between any user and Bite the Fruit arising solely through the use of this Website.

 

These Terms are binding upon your successors, assigns, heirs and executors.

 

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition.

 

Any claim or cause of action arising out of or related to this Website or these Terms must be filed within thirty days after such claim or cause of action arose.

 

From time to time, we may change our Terms of Service. If a change to our Terms is made, we will post the revised Terms on this Website. We reserve the right to add to, change or cease offering this Website at any time without notice and liability.

 

These Terms shall be governed by the laws of the District of Columbia. All claims relating to or arising out of these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the District of Columbia, in each case, without regard to its choice of law or conflict of laws provisions. All legal actions in connection with these Terms shall be brought in the District courts or federal courts located in the District of Columbia.