Terms of Service

Section 1 – Website terms

By agreeing to these Terms of Service, you represent and warrant that you are at least eighteen (18) years old, or the age of legal majority in your state or province of residence, and have the legal capacity to enter into a binding contract. This website is intended for use by adults. If a minor accesses or uses this website, it must be with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms of Service on the minor’s behalf and assumes full responsibility for the minor’s use of the website and any related purchases.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

If you violate these Terms of Service, we may, in our sole discretion and without notice, restrict or block your access to our website, suspend or close your account, cancel any pending orders, and/or take any other action we consider appropriate.

Section 2 – General conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

Section 3 – Accuracy, completeness and timeliness of information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

Section 4 – Modifications to the website, products and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products

Certain Products may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Product or service made on this website is void where prohibited.

Except as expressly stated in our Returns Policy or in any written warranty we provide, we do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations.

Section 6 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Your order is an offer to purchase Products from us. We may accept or decline it for any lawful reason, and a binding sales contract is formed only when we send you a shipping confirmation. Prices exclude shipping and applicable taxes, which are added at checkout. For information about shipping, delivery, and returns, please review our Shipping Policy and Returns Policy. If you create an account, you are responsible for keeping your login credentials confidential and for all activity under your account.

Section 7 – Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website 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).

We may also, in the future, offer new features through the website (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

Section 8 – Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 – User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 Service 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.

If you submit photographs, videos, testimonials, or other content depicting your name, image, or likeness (including in a product review or a social media tag or mention of Oh Clementine), you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, and display that content, including your name and likeness as shown in it, in our marketing and on our website, packaging, and social media channels. You may withdraw your permission at any time by emailing [email protected], and we will stop using the content in new materials within a reasonable time after we receive your request.

Section 10 – Personal information

Your submission of personal information through the website is governed by our Privacy Policy, available at https://ohclem.com/policies/privacy-policy. Your participation in our Golden Grove Rewards loyalty program is also governed by the separate Golden Grove Rewards Program Terms, available at https://ohclem.com/pages/golden-grove, which are incorporated into these Terms of Service by reference.

Section 11 – Errors, inaccuracies and omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to use bots, scripts, or other automated means to place orders or to circumvent purchase limits. If you engage in any of the prohibited uses above, we may restrict or block your access to our website, suspend or close your account, cancel any pending orders, and/or pursue other remedies available to us under these Terms of Service or applicable law.

Section 13 – Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so some of the above may not apply to you.

In no case shall Oh Clementine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 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.

Notwithstanding the foregoing, and to the fullest extent permitted by applicable law, the total aggregate liability of Oh Clementine and the parties described above, arising out of or relating to these Terms of Service, the Products, or the Service, shall not exceed the greater of (a) the amount you paid to us for the Product(s) giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Oh Clementine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents or policies they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Access restrictions, account closure, and survival

You may stop using our website at any time and may ask us to close your account by emailing [email protected]. Closing your account may result in the loss of any accrued rewards points or other account benefits.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may, at any time and without notice, restrict or block your access to our website, suspend or close your account, and/or cancel any pending orders, in addition to any other remedies available to us under these Terms of Service or applicable law. Orders that have already shipped will not be affected, and nothing in this Section limits any rights you may have as a consumer under applicable law.

Any provision of these Terms of Service that by its nature should survive will survive any restriction of access, account closure, or end of your use of our website, including without limitation Section 9 (User Comments, Feedback and Other Submissions), Section 13 (Disclaimer of Warranties; Limitation of Liability), Section 14 (Indemnification), Section 18 (Governing Law), and Section 19 (Dispute Resolution; Binding Arbitration; Class Action Waiver), and Section 24 (Intellectual Property) as well as any obligations or liabilities incurred before that time.

Section 17 – Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with our Privacy Policy, Returns Policy, Shipping Policy, Messaging Terms, and Golden Grove Rewards Program Terms, and any other policies or operating rules posted by us on this website or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Governing law

These Terms of Service and any separate agreements whereby we sell you Products or provide you the Service shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. Subject to Section 19 (Dispute Resolution; Binding Arbitration; Class Action Waiver) below, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.

Section 19 – Dispute resolution; binding arbitration; class action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS. Except for disputes that qualify for small claims court, you and Oh Clementine agree to resolve any dispute arising out of or relating to these Terms of Service or the Product(s) or the Service through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted in Maricopa County, Arizona, or another mutually agreed location, or, if both parties agree, by telephone, video conference, or based solely on written submissions. YOU AND OH CLEMENTINE EACH AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms of Service by emailing [email protected] with your name and a clear statement that you wish to opt out of arbitration. If the class-action waiver in this Section is found unenforceable as to a particular claim, that claim (and only that claim) must be brought in the state or federal courts located in Maricopa County, Arizona, and the remainder of this Section will remain in full force and effect. This arbitration agreement is governed by the Federal Arbitration Act. We will pay all AAA filing, administrative, and arbitrator fees that exceed the amount you would pay to file a lawsuit in court, as provided in the AAA Consumer Arbitration Rules.

Section 20 – Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 21 – Contact information

Questions about the Terms of Service should be sent to us at [email protected] or by mail at: 4340 E. Indian School Road. Ste. 21-596, Phoenix, AZ 85018

Section 22 – SMS communications

By consenting to Oh Clementine’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You may also revoke your consent at any time by any other reasonable means, such as replying “quit,” “end,” “cancel,” or “unsubscribe,” and we will honor your request promptly. We do not charge for the SMS program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] for more information.

We have the right to modify any telephone number or short code we use to operate the SMS program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS program, any errors in such information, and/or any action you may or may not take in reliance on the information or the SMS program.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Section 23 – Accessibility

We are committed to making our website usable by everyone, including people with disabilities, and we are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience difficulty accessing any part of this website, please contact us at [email protected] so that we can assist you.

Section 24 – Intellectual property

All content on our website, including text, photographs, graphics, product designs, logos, and the names “Oh Clementine” and “Oh Clem,” is owned by or licensed to Oh Clementine and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, or create derivative works from our content or product designs, or use our names, logos, or trademarks, without our prior written permission.