Terms of Use
Thank you for visiting the Earth Wake website located at www.earthwakefoods.com (“Site”). The Site is property of Bella Viva Orchards, Inc. dba Earth Wake. These Terms of Use (“Terms”) govern your use of our Site and other related information and services provided by Earth Wake (“Services”). By visiting our Site, you engage in our Services and agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or made available by hyperlink. Please read these Terms carefully before using any of the Services. These Terms are inclusive of our Privacy Policy, Return Policy, Accessibility Policy and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time, that are expressly incorporated herein by reference.
PLEASE REVIEW THE TERMS CAREFULLY. ANY PERSON THAT DOES NOT AGREE WITH THE TERMS IN THEIR ENTIRETY IS NOT AUTHORIZED TO USE THE SITE OR SERVICES IN ANY MANNER OR FORM.
Requirements
Services are available only to individuals who are eighteen (18) years of age or older and can enter into legally binding contracts under applicable law. Our Services are not intended for any persons who do not meet these requirements, and any persons not meeting these requirements do not have permission to access or use the Site or Services. If you meet these requirements and desire to engage in our Services, you are responsible for ensuring that you have an internet connection, device and browser suitable for using the Services, and all other equipment, software, and hardware necessary to access the Site. Earth Wake makes no guarantee that the Site or Services can be accessed on mobile devices, through all wireless service plans, on all internet browsers, or in all geographical areas. Standard wireless or cellular fees may apply to your use of the Site or access to Services, and you are fully responsible for all such fees and charges.
Product Information & Purchasing
Products displayed on or through the Services may be available to purchase in various stores or other online platforms or websites. In some cases, merchandise displayed for sale on or through the Service may not be available at other locations, whether physical or digital. The prices displayed on or through the Services are quoted in U.S. Dollars and are valid and effective only in the 50 United States and for Earth Wake website sales. Store or other online platform prices may differ from prices shown on or through the Services. Prices for our products are subject to change without notice.
You can purchase products on the Site. When you purchase products on the Site, the payment method you provide at checkout will be charged the amount listed on the Site for the products plus shipping and handling and any applicable sales tax, that will all be disclosed on the checkout page prior to submitting your order. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE. We have made every effort to display as accurately as possible the colors and images of our products on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any products or Services that we offer.
Inaccuracy Disclaimer
Earth Wake values transparency and honesty and strives for its Services, Content(defined below), and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Earth Wake reserves the right to correct any errors, inaccuracies, or omissions and to change and/or update information at any time and without prior notice (including after you have submitted an order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Earth Wake may, in its sole discretion, cancel any order at any time prior to shipping. Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on Content is at your own risk. We have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to the Site.
Additional Services
Some Services may have additional terms and conditions (“Additional Terms”). When Additional Terms apply to a Service, we will make them available to you for review prior to your use of that Service. By using such Service in whole or in part, you agree to the applicable Additional Terms. Furthermore, to the extent you enter or are otherwise eligible for any contest or other promotion, you may be subject to separate or additional terms and conditions governing the contest or promotion, and by entering or participating in the contest or promotion you agree to the separate or additional terms and conditions.
Intellectual Property
Unless otherwise noted, all materials, including without limitation, all images, illustrations, designs, icons, photographs, video clips, written and other materials appearing as part of the Services (collectively, “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Earth Wake. All Earth Wake trademarks appearing on or as part of the Services are registered or common law trademarks owned or licensed to Earth Wake. You agree not to reproduce, duplicate, copy, download, modify, publish, distribute, transmit, transfer, sell, resell, create derivative works from, or exploit any portion of the Site, Service, access to or use of Services, or any contact on the Site through which the Service is provided, without express written permission by Earth Wake. No right, title or interest in any Content is transferred to you as a result of any access or use of Services. Earth Wake or the licensor reserves all right, title, interest and full intellectual property rights in any Content accessed by you.
Comments
We welcome your comments. However, by sending or providing us with any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticism, reports, or other communications regarding our products or the Services (collectively “Comments”), in any form whether oral, written, or otherwise, you hereby grant Earth Wake an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, of any purpose whatsoever. By sending or providing us with a Comment, you acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Earth Wake has no duties to you, with respect to such Comments. We reserve the right, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Links and Optional Tools
The Services may contain links or access to third party websites, internet resources, or tools that are not owned, monitored, affiliated with, and/or controlled by Earth Wake. Our provision of a tool or link to any other website or internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. EARTH WAKE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, TOOLS, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE. Any use by you of the optional tools or links offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BELLA VIVA ORCHARDS INC. DBA EARTH WAKE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INJURY, LOSS, CLAIM, DIRECT DAMAGES, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Miscellaneous
These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms and any Additional Terms, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Earth Wake with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Earth Wake with respect to the subject matter hereof. The failure of Earth Wake to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms shall continue in full force and effect.
Modification & Amendment
We reserve the right, at our discretion, to amend these Terms of Use at any time. Please check this page periodically for changes. Those changes will go into effect on the Effective Date disclosed in the revised Terms. The amended or otherwise modified Terms will apply to all current and past users of the Services and will replace any prior Terms of Use that are inconsistent. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time; and shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of Services.
Effective Date: February 1, 2025