Terms of Service

Bite the Fruit (our, us, we), a retailer based in Washington, DC, offers this Website, our online store, features and services, subject to our Terms of Service along with our Privacy Policy. If you do not agree with the provisions set forth in our Terms of Service and Privacy Policy, do not 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 or minors.

 

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, social network platforms, for example, LinkedIn®, Facebook®  and Twitter®. 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

Guidelines for Product Use

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

 

All of the items available for purchase 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.

 

Some products require a certain amount of knowledge for safe use or handling. Please seek the necessary education, training or advise from the appropriate professionals and other relevant sources.

 

Consult with a physician regarding any health concerns you may have. 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 the items provided on this Website.

 

Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or any content of this Website 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. Product may not be the same color as its picture.

 

Product Substitutions

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

 

Cleaning Solvents

Nitrite-based products and aerosol sprays containing ethyl chloride are sold as cleaning solvents such as video head cleaner, nail polish remover, spot, stain or glue remover, degreaser, etc. The Centers for Disease Control and Prevention (CDC) warns that inhalation, skin absorption, ingestion or skin/eye contact may be hazardous to your health. Use as directed by the manufacturer.  

 

Whipped Cream Chargers

Whipped cream chargers or nitrous oxide cartridges are sold as culinary agents. The CDC warns that inhalation, skin absorption, ingestion or skin/eye contact may be hazardous to your health. Use as directed by the manufacturer. 

 

Enhancement Pills

Claims, statements and descriptions for sexual enhancement pills, herbal supplements and other nutriments have not been evaluated by the Food and Drug Administration. Consult with a health professional to determine the safety and suitability of these products. We disclaim all warranty and responsibility for the results obtained by the use of these products. Users assume all responsibility and liability for loss or damage arising from the handling and use of these products, either alone or in combination with other products.

 

Acceptable Forms of Payment

In store: We accept cash, American Express, Visa, Mastercard, Discover, Apple Pay and Google Pay. Credit transactions are processed by Poynt.

 

Online store: We accept American Express, Visa, Mastercard, Discover, Apple Pay and Google Pay. Credit transactions are processed by Shopify.

 

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.
 

CURBSIDE 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 ID). (Read More.)

 

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 your shopping cart–Add note to your order–Special instructions for seller. (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, 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, part or all of the contents of this Website. You may not transmit or store part or all 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 part or all 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.

Other Notices

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 Service

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.

 

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.

Inquiries

If you have questions about our Terms of Service, contact us at inquiry@bitethefruit.com.