Terms of Use and 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 Use and Service ("Terms"). If you do not agree with the provisions set forth in these Terms, do not use or continue to use this Website.
Adult Content
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 and minors.
You agree to keep children and minors from accessing this Website.
Conditions of Use
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 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
Privacy Policy
Non-Personal Information
This Website collects the following non-personal information (information that does not personally identify you) to ensure the effectiveness of this Website:
- Date and time you accessed this Website
- Domain you used to access the Internet
- Internet protocol address of your computer
- Pages you visited on this Website
- Web browser and operating system you used to access this Website
Personal Information
This Website collects personal information (information that personally identifies you) that you voluntarily provide when you create a profile, place an order or access other features or services. The personal information we collect may include: your name, address, email and phone number.
This Website uses your personal information to facilitate your access to certain features and services such as signing on to password protected areas, recalling purchase history or subscribing to our mailing list.
We may use your personal information to:
- Administer your participation in this Website
- Conduct research or surveys
- Contact you
- Enroll you in our Loyalty Program
- Establish or exercise our legal rights or defend against legal claims
- Fulfill your requests for products or services
Credit Card Information
Bite the Fruit uses a third party processor to process credit card transactions. Your credit card information is systematically encrypted. We destroy any physical record of your credit card information after each transaction. Except for the last four digits of your card number, we do not have access to your credit card information.
Children and Minors
We do not actively or knowingly collect information from children and minors.
Disclosure to a Third Party
We do not disclose your personal information to a third party unless you instruct it; or, if we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. Further, we may disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft; to enforce or apply our online terms of service or other agreements; or to protect our rights or property, or the rights, property or safety of others.
Security of Your Information
We diligently protect the security of the information that you provide to us. We use secure servers, encryption and other means. While we strive to protect your information through measures that protect our systems, such security cannot be guaranteed. Consequently, we do not insure or warrant the security of the information you transmit, and you do so at your own risk.
Your Rights Regarding Your Information
You have the right to:
- Know any or all of your personal information that we may have stored in our systems
- Know how we used or will use your personal information
- Direct us to amend or add to your personal information if it's incorrect or incomplete
- Direct us to remove some or all of your personal information from our systems
- File a complaint with any authority about our Terms with respect to your personal information
Information Cookies
This Website sends “cookies" to your web browser in order to acquire information about your visit. Cookies are alphanumeric files that identify your computer and track your online activity. These files may contain personal information that you've volunteered as well as non-personal systems information. This Website may use information from cookies to:
- Administer this Website
- Assess the technical functions of this Website
- Facilitate your access to features and services
- Gauge the effectiveness of this Website
- Track the Website pages visited
- Retain your preferences
You may opt out of accepting cookies by adjusting your web browser's settings, but this may limit your ability to use some features of this Website.
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.
Product Description
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 or pictures are only provided for reference. Depictions may vary from the actual product packaging and/or color.
Product Substitution
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.
Product Warning
All of the products available on this Website are represented and sold as novelties for adult entertainment.
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.
Liquid and aerosol solvents are sold as cleaning agents to remove nail polish, glue residue or other ordinary contaminants. These solvents are toxic and flammable. When ingested, inhaled, absorbed through the skin, or splashed in the eye, they may cause serious adverse health effects, including death.
Nitrous oxide cartridges are sold as culinary chargers 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.
All of the products available on this Website, including dietary supplements, herbal preparations and enhancements, are not intended to diagnose, treat, cure, or prevent any disease or health condition. Manufacturer claims about these products may or may not have been reviewed by the US Food and Drug Administration. We do our best to remove products from this Website that are the subject of public health advisories or product safety recalls. However, you are responsible to be aware of any advisory or recall affecting products that you purchase from 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 are not responsible for physical injury or fatality arising from the use, misuse, handling, or mishandling of any product provided through this Website, either alone or in combination with medications or other factors.
Hold Harmless Agreement
By using this Website, you hereby expressly indicate that you, your dependents, successors, assigns, heirs, agents, and representatives, waive, release and absolutely hold harmless Bite the Fruit, its employees, officers, agents and representatives, from all claims, demands, injuries, damages, actions, suits, or causes of action due to bodily injury, property damage, death, attorney's fees and costs incurred, including those arising out of any active or passive negligent act or omission.
If you do not agree to this Hold Harmless Agreement, do not use this Website.
Acceptable Forms of Payment
We process payments in our physical store. It is simple and secure. Essentially, after placing your online order, select from the following payment options: (En Español)
Over-the-Phone Credit Card
- Call 202-299-0440 12pm to 8pm with your credit card information.
- For your security, do not email your credit card information.
- We accept American Express, Visa, Mastercard and Discover.
- We will require:
- name as it appears on the card
- card number
- card expiration date
- card security code
- card billing address and zip code
- If you plan to pick up your order, we will process your payment at the store when you come in.
- We accept cash, American Express, Visa, Mastercard, Discover, Apple Pay and Google Pay.
- We offer in-store pickup, 12pm to 8pm daily.
- Provide a phone number in case we need to call you.
- Indicate your desired pickup time using the Add a note to your order—Special instructions for seller section.
- Allow two hours for processing.
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 and Trademark
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 reproduce, modify, display, perform, distribute, commercially exploit or use in any way, transmit or store in any form of publication or other website or other form of electronic retrieval system, all or part of the contents of this Website without expressed written permission from Bite the Fruit.
General Provisions
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.
Change to Terms of Use and Service
From time to time, we may change these Terms. If a change is made to these Terms, it will be posted in this section of this Website. We reserve the right to add to, change or cease offering this Website at any time without notice and liability.
Governing Law and Jurisdiction
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.