Terms of Service
Everybody's Family Fruit – Terms of Service
Last Updated: August 13, 2026
These Terms of Service ("Terms") govern your access to and use of Everybody's Family Fruit websites, mobile applications (including iOS and Android apps and in-app browsers/WebViews), related online services, and customer communications (together, the "Services"). By accessing or using the Services, creating an account, placing an order, downloading our app, or enabling features such as notifications or location, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility and Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or place an order. You agree to provide accurate account and contact information and to keep it current. You are responsible for safeguarding login credentials, verification codes, and devices used to access your account, and for all activity under your account. Notify us promptly of unauthorized use. We may refuse, suspend, or terminate accounts or orders that appear fraudulent, abusive, or in violation of these Terms.
2. Scope of Services
The Services may include browsing and purchasing produce and related products; shopping carts and checkout; pickup, delivery, and will-call fulfillment; order status and tracking; customer self-service tools (including arrival and related status updates); promotional specials and combo offerings; reviews or community features we make available; marketing and transactional messaging; and store arrival / check-in features that may use device location. Features may differ between website and mobile app versions and may change over time.
3. Orders, Inventory, Pricing, and Product Information
All orders are offers to purchase and are subject to acceptance and availability. Product names, descriptions, images, weights, counts, grades, origins, nutritional information, specials, combo boxes, and prices may change without notice and may contain errors. Inventory is limited and may be adjusted or substituted according to practices we communicate at checkout or afterward. We may cancel or modify orders (in whole or in part) for inventory, pricing, payment, fraud, operational, or legal reasons. If we cancel a paid item, we will refund the applicable amount through the original payment method or another method we reasonably select, subject to processor timing.
4. Fulfillment: Pickup, Delivery, and Will-Call
Fulfillment options, fees, minimums, windows, cutoffs, and eligibility are shown during checkout and may vary by date, location, cart contents, and promotions.
Pickup. You are responsible for arriving during the designated window with any required identification or order information. Unclaimed orders may be handled according to our store policies, which may include restocking, cancellation, or limited refunds where required by law.
Delivery. Delivery times are estimates. Risk of loss and title for delivered goods generally pass upon delivery to the address you provide. You are responsible for providing a complete, accurate delivery address (including apartment/unit) and any access instructions. Failed delivery attempts due to incorrect addresses, locked gates, or unavailable recipients may result in additional fees or order handling as we determine reasonably necessary.
Will-call / on-site. Will-call or similar on-site fulfillment may require unlocking or enabling the option while you are at or near our store, including by scanning a store QR code and/or using device location within a designated distance of our premises. Same-day timing, vehicle or contact details, and other fields we request may be required. We may auto-select fulfillment timing when you unlock will-call on-site. Misuse of unlock codes, location spoofing, or attempts to enable will-call remotely when not permitted may result in cancellation or account action.
5. Location Features and Store Arrival
Certain features use approximate or precise device location, including: enabling or unlocking on-site/will-call options; confirming you are near our store; customer arrival / "I've Arrived" / on-my-way style updates; and store welcome or check-in experiences. Our mobile applications may request permission to access location while the app is in use and, where you consent, in the background (for example, "Allow all the time"), and may register a geofence around our store so we can detect arrival even when the app is closed or not on screen. Location is used for operational check-in, order handling, and related customer communications—not for selling your location data for advertising. You may deny or revoke location permissions in your device or account settings; some features will then be unavailable or limited. Location accuracy depends on your device, OS, and environment; we do not guarantee geofence detection in all conditions.
6. Communications: Push, SMS, Email, and Calls
By providing a phone number or email, or by enabling notifications in the app or browser, you agree we may send transactional messages about your account and orders (confirmations, status updates, arrival/check-in messages, refunds, cuts/substitutions, pickup/delivery notices, and similar). Marketing SMS, email, or push are sent only where permitted by law and your preferences. You may manage preferences in your account where available (including separating order-related SMS from promotional SMS where we offer that control), follow STOP/unsubscribe instructions, or contact us. Message and data rates may apply. Push delivery depends on your device permissions, OS, and third-party push services.
7. Payments and Stored Payment Methods
Prices, fees (including delivery or service fees), taxes, and totals are presented at checkout. Payment is due when you place the order unless we state otherwise. Payments are processed by third-party payment providers. We do not store your full card number on our servers; tokenized or saved payment methods are stored by the payment provider under their security and compliance programs. By saving a payment method, you authorize charges for purchases you initiate or approve. You are responsible for accurate payment information. We are not responsible for processor outages, declines, chargebacks initiated in bad faith, or security incidents solely within third-party systems, except to the extent required by law. Fraudulent or disputed payments may result in order cancellation and account restrictions.
8. Changes, Cuts, Substitutions, Refunds, and Returns
Perishable products are subject to quality variation. We or our fulfillment partners may cut, reduce, substitute, or cancel line items when necessary. We may notify you by push, SMS, email, or in-app/order status. Refunds, adjustments, and credits for cuts, quality issues, missing items, or cancellations are handled according to our then-current policies and applicable law. Fresh produce quality complaints should be reported promptly (generally within 24 hours of receipt or pickup) with order details and, where helpful, photos. Refund timing depends on your bank or payment provider.
9. Mobile Applications and Updates
Our iOS and Android apps may display our website content inside the app, request device permissions (notifications, location, camera for QR scanning, and similar), and receive updates via app stores and/or over-the-air update mechanisms. You are responsible for installing updates. Older app versions may stop working or lose features. App store terms (Apple, Google) also apply to downloads and purchases made through those platforms.
10. Third-Party Services and Partners
The Services may rely on third parties, including payment processors, SMS/email/push providers, mapping/location platforms, hosting providers, analytics, and order/fulfillment or warehouse systems used to process and pick orders. Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for third-party sites or services we do not control.
11. User Content and Conduct
If you submit reviews, photos, feedback, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and adapt that content in connection with the Services and our business. You represent you own or have rights to the content and that it is not unlawful, defamatory, or infringing. You may not: misuse the Services; scrape or attack our systems; interfere with other users; reverse engineer non-public components except where permitted by law; use bots to abuse inventory or promotions; or attempt to bypass security, geofences, QR unlocks, or payment controls.
12. Intellectual Property
The Services, branding, logos, software, and content we provide are owned by Everybody's Family Fruit or its licensors. You receive a limited, revocable, non-transferable license to use the Services for personal, non-commercial ordering and account management. No other rights are granted.
13. Disclaimers
THE SERVICES AND ALL PRODUCTS AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, PERFECT INVENTORY OR PRICING ACCURACY, OR THAT LOCATION, NOTIFICATIONS, OR THIRD-PARTY SYSTEMS WILL FUNCTION WITHOUT DELAY OR FAILURE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYBODY'S FAMILY FRUIT AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM (OR, IF NONE, ONE HUNDRED U.S. DOLLARS). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
15. Indemnity
You agree to defend and indemnify Everybody's Family Fruit against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, violation of these Terms, or infringement of others' rights, except to the extent caused by our willful misconduct.
16. Suspension and Termination
We may suspend or terminate access to the Services or cancel orders if you violate these Terms, create risk for us or others, or if required by law or our payment/fulfillment partners. You may stop using the Services at any time. Provisions that by nature should survive (including payments owed, disclaimers, limitations, and indemnity) will survive.
17. Changes to the Services and Terms
We may modify the Services and these Terms at any time. The "Last Updated" date will change when we post revisions. Continued use after changes become effective constitutes acceptance. Material changes may also be communicated through the Services or by email/SMS where appropriate.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Exclusive venue for disputes that are not resolved informally will be the state or federal courts located in Arizona, unless applicable law requires otherwise. You and we waive jury trial to the extent permitted by law. Nothing in these Terms limits rights you cannot waive under consumer-protection laws.
19. General
If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement regarding the Services and supersede prior terms for the same subject, except that our Privacy Policy explains personal data practices and is incorporated by reference. Section headings are for convenience only.
20. Contact
Everybody's Family Fruit
Peoria, Arizona
Email: info@everybodysfamilyfruit.com
Phone: (888) 660-3335
Website: https://everybodysfamilyfruit.com
Last Updated: August 13, 2026
These Terms of Service ("Terms") govern your access to and use of Everybody's Family Fruit websites, mobile applications (including iOS and Android apps and in-app browsers/WebViews), related online services, and customer communications (together, the "Services"). By accessing or using the Services, creating an account, placing an order, downloading our app, or enabling features such as notifications or location, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility and Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or place an order. You agree to provide accurate account and contact information and to keep it current. You are responsible for safeguarding login credentials, verification codes, and devices used to access your account, and for all activity under your account. Notify us promptly of unauthorized use. We may refuse, suspend, or terminate accounts or orders that appear fraudulent, abusive, or in violation of these Terms.
2. Scope of Services
The Services may include browsing and purchasing produce and related products; shopping carts and checkout; pickup, delivery, and will-call fulfillment; order status and tracking; customer self-service tools (including arrival and related status updates); promotional specials and combo offerings; reviews or community features we make available; marketing and transactional messaging; and store arrival / check-in features that may use device location. Features may differ between website and mobile app versions and may change over time.
3. Orders, Inventory, Pricing, and Product Information
All orders are offers to purchase and are subject to acceptance and availability. Product names, descriptions, images, weights, counts, grades, origins, nutritional information, specials, combo boxes, and prices may change without notice and may contain errors. Inventory is limited and may be adjusted or substituted according to practices we communicate at checkout or afterward. We may cancel or modify orders (in whole or in part) for inventory, pricing, payment, fraud, operational, or legal reasons. If we cancel a paid item, we will refund the applicable amount through the original payment method or another method we reasonably select, subject to processor timing.
4. Fulfillment: Pickup, Delivery, and Will-Call
Fulfillment options, fees, minimums, windows, cutoffs, and eligibility are shown during checkout and may vary by date, location, cart contents, and promotions.
Pickup. You are responsible for arriving during the designated window with any required identification or order information. Unclaimed orders may be handled according to our store policies, which may include restocking, cancellation, or limited refunds where required by law.
Delivery. Delivery times are estimates. Risk of loss and title for delivered goods generally pass upon delivery to the address you provide. You are responsible for providing a complete, accurate delivery address (including apartment/unit) and any access instructions. Failed delivery attempts due to incorrect addresses, locked gates, or unavailable recipients may result in additional fees or order handling as we determine reasonably necessary.
Will-call / on-site. Will-call or similar on-site fulfillment may require unlocking or enabling the option while you are at or near our store, including by scanning a store QR code and/or using device location within a designated distance of our premises. Same-day timing, vehicle or contact details, and other fields we request may be required. We may auto-select fulfillment timing when you unlock will-call on-site. Misuse of unlock codes, location spoofing, or attempts to enable will-call remotely when not permitted may result in cancellation or account action.
5. Location Features and Store Arrival
Certain features use approximate or precise device location, including: enabling or unlocking on-site/will-call options; confirming you are near our store; customer arrival / "I've Arrived" / on-my-way style updates; and store welcome or check-in experiences. Our mobile applications may request permission to access location while the app is in use and, where you consent, in the background (for example, "Allow all the time"), and may register a geofence around our store so we can detect arrival even when the app is closed or not on screen. Location is used for operational check-in, order handling, and related customer communications—not for selling your location data for advertising. You may deny or revoke location permissions in your device or account settings; some features will then be unavailable or limited. Location accuracy depends on your device, OS, and environment; we do not guarantee geofence detection in all conditions.
6. Communications: Push, SMS, Email, and Calls
By providing a phone number or email, or by enabling notifications in the app or browser, you agree we may send transactional messages about your account and orders (confirmations, status updates, arrival/check-in messages, refunds, cuts/substitutions, pickup/delivery notices, and similar). Marketing SMS, email, or push are sent only where permitted by law and your preferences. You may manage preferences in your account where available (including separating order-related SMS from promotional SMS where we offer that control), follow STOP/unsubscribe instructions, or contact us. Message and data rates may apply. Push delivery depends on your device permissions, OS, and third-party push services.
7. Payments and Stored Payment Methods
Prices, fees (including delivery or service fees), taxes, and totals are presented at checkout. Payment is due when you place the order unless we state otherwise. Payments are processed by third-party payment providers. We do not store your full card number on our servers; tokenized or saved payment methods are stored by the payment provider under their security and compliance programs. By saving a payment method, you authorize charges for purchases you initiate or approve. You are responsible for accurate payment information. We are not responsible for processor outages, declines, chargebacks initiated in bad faith, or security incidents solely within third-party systems, except to the extent required by law. Fraudulent or disputed payments may result in order cancellation and account restrictions.
8. Changes, Cuts, Substitutions, Refunds, and Returns
Perishable products are subject to quality variation. We or our fulfillment partners may cut, reduce, substitute, or cancel line items when necessary. We may notify you by push, SMS, email, or in-app/order status. Refunds, adjustments, and credits for cuts, quality issues, missing items, or cancellations are handled according to our then-current policies and applicable law. Fresh produce quality complaints should be reported promptly (generally within 24 hours of receipt or pickup) with order details and, where helpful, photos. Refund timing depends on your bank or payment provider.
9. Mobile Applications and Updates
Our iOS and Android apps may display our website content inside the app, request device permissions (notifications, location, camera for QR scanning, and similar), and receive updates via app stores and/or over-the-air update mechanisms. You are responsible for installing updates. Older app versions may stop working or lose features. App store terms (Apple, Google) also apply to downloads and purchases made through those platforms.
10. Third-Party Services and Partners
The Services may rely on third parties, including payment processors, SMS/email/push providers, mapping/location platforms, hosting providers, analytics, and order/fulfillment or warehouse systems used to process and pick orders. Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for third-party sites or services we do not control.
11. User Content and Conduct
If you submit reviews, photos, feedback, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and adapt that content in connection with the Services and our business. You represent you own or have rights to the content and that it is not unlawful, defamatory, or infringing. You may not: misuse the Services; scrape or attack our systems; interfere with other users; reverse engineer non-public components except where permitted by law; use bots to abuse inventory or promotions; or attempt to bypass security, geofences, QR unlocks, or payment controls.
12. Intellectual Property
The Services, branding, logos, software, and content we provide are owned by Everybody's Family Fruit or its licensors. You receive a limited, revocable, non-transferable license to use the Services for personal, non-commercial ordering and account management. No other rights are granted.
13. Disclaimers
THE SERVICES AND ALL PRODUCTS AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, PERFECT INVENTORY OR PRICING ACCURACY, OR THAT LOCATION, NOTIFICATIONS, OR THIRD-PARTY SYSTEMS WILL FUNCTION WITHOUT DELAY OR FAILURE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYBODY'S FAMILY FRUIT AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM (OR, IF NONE, ONE HUNDRED U.S. DOLLARS). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
15. Indemnity
You agree to defend and indemnify Everybody's Family Fruit against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, violation of these Terms, or infringement of others' rights, except to the extent caused by our willful misconduct.
16. Suspension and Termination
We may suspend or terminate access to the Services or cancel orders if you violate these Terms, create risk for us or others, or if required by law or our payment/fulfillment partners. You may stop using the Services at any time. Provisions that by nature should survive (including payments owed, disclaimers, limitations, and indemnity) will survive.
17. Changes to the Services and Terms
We may modify the Services and these Terms at any time. The "Last Updated" date will change when we post revisions. Continued use after changes become effective constitutes acceptance. Material changes may also be communicated through the Services or by email/SMS where appropriate.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Exclusive venue for disputes that are not resolved informally will be the state or federal courts located in Arizona, unless applicable law requires otherwise. You and we waive jury trial to the extent permitted by law. Nothing in these Terms limits rights you cannot waive under consumer-protection laws.
19. General
If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement regarding the Services and supersede prior terms for the same subject, except that our Privacy Policy explains personal data practices and is incorporated by reference. Section headings are for convenience only.
20. Contact
Everybody's Family Fruit
Peoria, Arizona
Email: info@everybodysfamilyfruit.com
Phone: (888) 660-3335
Website: https://everybodysfamilyfruit.com