Terms of service

OVERVIEW

Welcome to the RENOURISH online store. The terms “we,” “us,” and “our” refer to EarthPeak Solutions, LLC. RENOURISH is a brand and online store operated by EarthPeak Solutions, LLC. EarthPeak Solutions, LLC operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with an online shopping experience (the “Services”). The Services are hosted on Shopify, which enables us to offer the Services to you.

The following terms and conditions, together with any policies referenced herein, including our Privacy Policy and Refund Policy, govern your access to and use of the Services and your purchase of products through the Services.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND OTHER PROVISIONS THAT MAY LIMIT YOUR REMEDIES.

By visiting, accessing, browsing, interacting with, or using the Services, or by purchasing any product from us, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have the legal capacity to enter into a binding agreement.

To use the Services, including browsing our store or purchasing products, you may be required to provide certain information, including your name, email address, billing information, payment information, shipping information, and other account details. You represent and warrant that all information you provide is accurate, current, complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities occurring under your account. You may not transfer, assign, sell, sublicense, or otherwise permit any other person to use your account without our prior written consent.
We reserve the right, in our sole discretion and without notice, to suspend, restrict, or terminate your access to the Services or any account for any lawful reason, including suspected fraud, misuse, or violation of these Terms.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products. However, all product images, descriptions, specifications, packaging, labels, colors, weights, dimensions, ingredients, formulas, analyses, and other content are approximate, for general informational purposes only, and subject to change at any time without notice.

Our products are sold subject to natural variation and may vary in appearance, texture, particle size, moisture, odor, color, packaging, labeling, and composition from lot to lot. We do not guarantee uniformity between batches or that any product will appear exactly as shown or described on the Services.

All fertilizer, soil, amendment, and related product information provided through the Services is general in nature and is not agronomic, horticultural, crop, soil, legal, regulatory, or professional advice. Product performance depends on many factors outside our control, including application rate, timing, method, weather, watering, plant type, crop type, soil conditions, pH, existing fertility, disease pressure, pest pressure, storage, handling, and user practices. You are solely responsible for determining whether any product is suitable for your intended use and for using products strictly in accordance with all labels, directions, warnings, industry practices, and applicable laws and regulations.

Except as expressly stated on the product label to the extent required by applicable law, we do not warrant or guarantee any particular result, including germination, yield, crop performance, plant health, plant vigor, nutrient response, soil improvement, color response, disease suppression, pest suppression, safety for any particular plant or application, merchantability, fitness for a particular purpose, or compatibility with any other product, soil, crop, plant, or growing condition.

We reserve the right, in our sole discretion, to discontinue any product, substitute packaging, revise product offerings, revise specifications, limit available quantities, or refuse sales to any person, geographic area, or jurisdiction.

SECTION 3 - ORDERS

By placing an order, you submit an offer to purchase. We reserve the right, in our sole discretion, to accept, reject, limit, cancel, or refuse any order for any lawful reason, including suspected fraud, suspected resale, suspected export, pricing errors, inventory shortages, regulatory concerns, or product availability.
An order is not accepted until we send you confirmation of acceptance. Receipt of an order confirmation email does not guarantee shipment or availability if a later error, inventory problem, payment issue, or other lawful basis for cancellation is discovered.

You may not cancel an accepted order except as expressly permitted by our Refund Policy or as required by applicable law. We may attempt, but are not obligated, to accommodate order changes or cancellation requests.
You represent and warrant that all purchases are for lawful end use and that you will not resell, relabel, export, distribute, or use products in violation of any law, labeling restriction, or regulatory requirement. If you purchase products for commercial, agricultural, landscaping, resale, institutional, or other non-household use, you do so at your own risk, and you assume full responsibility for regulatory compliance, product suitability, storage, handling, application, and all downstream claims.

Any return, exchange, replacement, refund, or credit is governed exclusively by our Refund Policy, these Terms, and any mandatory rights that cannot be waived by law.

SECTION 4 - PRICES AND BILLING

All prices, discounts, promotions, product availability, shipping charges, and other fees are subject to change at any time without notice. Prices shown at the time of checkout are the prices that will generally apply to your order once accepted, except in the case of obvious pricing, typographical, or system errors, which we may correct at any time before shipment or afterward where permitted by law.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, delivery charges, customs duties, brokerage fees, tariffs, import taxes, or other governmental charges, all of which are your sole responsibility.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You authorize us and our payment processors to charge your selected payment method for the full amount of your order, including applicable taxes, shipping, handling, and any other charges disclosed at checkout.

You represent and warrant that: (i) all payment information provided is accurate and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred by you will be honored by your financial institution or card issuer; and (iv) you will pay all amounts due.
If your payment cannot be verified, is disputed, is reversed, or is subject to chargeback, we may suspend or cancel your order and pursue any remedies available to us.

SECTION 5 - SHIPPING AND DELIVERY

All shipping and delivery dates are estimates only and are not guaranteed. We are not liable for delays, losses, or failures caused by carriers, weather, customs, supply chain issues, labor shortages, acts of God, governmental action, force majeure events, or any cause outside our reasonable control.
Unless otherwise required by applicable law, title to and risk of loss for products pass to you upon our delivery of the products to the carrier. You are solely responsible for providing an accurate shipping address and for inspecting all deliveries promptly upon receipt.

Any claim for shortage, visible damage, or incorrect shipment must be made promptly and in accordance with any instructions in our Refund Policy. Failure to timely report such issues may constitute a waiver of the claim to the fullest extent permitted by law.

We are not responsible for packages lost, stolen, delayed, misdelivered, or damaged after transfer to the carrier, except to the extent required by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and all content included therein, including all trademarks, service marks, trade names, logos, product names, brand names, designs, text, graphics, photographs, videos, audio, downloads, software, compilations, page layouts, and the overall look and feel of the Services, are owned by or licensed to EarthPeak Solutions, LLC, its affiliates, or licensors and are protected by United States and foreign intellectual property and other laws.

These Terms grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your personal, lawful, non-commercial use. No right, title, or interest in or to the Services or any content is transferred to you.

You may not reproduce, duplicate, copy, sell, resell, exploit, modify, republish, distribute, display, perform, create derivative works from, scrape, frame, mirror, download, store, transmit, or otherwise use any part of the Services or content without our prior written consent.

“EarthPeak Solutions,” “RENOURISH,” and all related names, logos, product names, taglines, marks, and trade dress are our trademarks or licensed marks. You may not use them without our prior written permission. Shopify’s marks belong to Shopify. All other marks are the property of their respective owners.
All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools, applications, integrations, or services offered by third parties. Such tools are provided solely as a convenience and are made available “as is” and “as available,” without warranties, representations, endorsements, or conditions of any kind.

We do not control and are not responsible for any third-party tools, their content, functionality, availability, accuracy, security, legality, or terms. Your use of any third-party tool is entirely at your own risk and subject to the third party’s terms and policies.

We shall have no liability whatsoever arising from or relating to your use of any third-party tools, products, or services.
Any future features, functionality, tools, or resources made available through the Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites, content, materials, platforms, or functionality. We do not control, endorse, monitor, or assume responsibility for any third-party websites, materials, or services.
If you access any third-party website or service, you do so entirely at your own risk. We are not liable for any harm, loss, damage, claim, or expense arising from your access to, reliance on, or use of any third-party content, website, or service, or any transaction you enter into with any third party.
You should review all applicable third-party terms, privacy policies, and practices before engaging with any third-party website or service.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

RENOURISH is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with EarthPeak Solutions, LLC, not Shopify. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and EarthPeak Solutions, LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with EarthPeak Solutions, LLC.

SECTION 10 - PRIVACY POLICY

Your submission of personal information through the Services is governed by our Privacy Policy. Because the Services are hosted by Shopify, Shopify may also collect and process certain information in accordance with Shopify’s privacy practices.

By using the Services, you acknowledge that your information may be collected, used, processed, stored, and transferred by us, Shopify, and our service providers as necessary to operate the Services, fulfill orders, process payments, provide customer service, improve the Services, comply with law, and protect our rights.

You acknowledge that information may be transferred to and processed in jurisdictions other than your own. Your use of the Services constitutes your consent to such collection, use, processing, storage, and transfer, subject to applicable law.

SECTION 11 - FEEDBACK

If you submit or post any comments, reviews, suggestions, ideas, proposals, recommendations, testimonials, photos, videos, or other content or materials to us or through the Services (collectively, “Feedback”), you grant EarthPeak Solutions, LLC a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up right and license to use, reproduce, modify, adapt, publish, distribute, display, perform, create derivative works from, and otherwise exploit such Feedback in any media and for any purpose, including commercial purposes, without notice, attribution, compensation, or approval.
You represent and warrant that: (i) you own or control all rights in and to the Feedback; (ii) the Feedback is accurate; (iii) the Feedback does not violate these Terms or any law; and (iv) the Feedback will not infringe, misappropriate, or violate any third party’s rights.

We may, but are not obligated to, monitor, remove, edit, refuse, or use any Feedback for any reason.

You are solely responsible for your Feedback, and we assume no responsibility or liability for any Feedback submitted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may contain typographical errors, inaccuracies, omissions, or outdated information, including with respect to pricing, availability, product descriptions, shipping charges, transit times, promotions, analyses, ingredient descriptions, or labeling content.

We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions; to update or change information; and to cancel, refuse, or limit orders if any information on the Services is inaccurate, whether before or after an order is submitted or accepted, subject to applicable law.
We undertake no obligation to update, amend, or clarify information on the Services except as required by law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful, fraudulent, abusive, harmful, or malicious purpose; (b) to violate any law or regulation; (c) to infringe or violate our intellectual property rights or the rights of others; (d) to harass, abuse, defame, threaten, or harm us, our personnel, or any other person; (e) to submit false, misleading, or deceptive information; (f) to upload or transmit viruses, malware, malicious code, or harmful files; (g) to send spam, unsolicited communications, or promotional content; (h) to impersonate any person or entity; (i) to interfere with or disrupt the Services or servers; (j) to scrape, harvest, collect, extract, or mine data; (k) to use any robot, bot, spider, crawler, scraper, automated means, or artificial intelligence system to access the Services for any purpose without our prior written consent; or (l) to circumvent any security, authentication, anti-bot, rate-limiting, or access control measures.
You may not use any product purchased from us in any unlawful manner, inconsistent with instructions, inconsistent with labeling, or inconsistent with applicable federal, state, or local law or regulation.

We may investigate suspected violations and may suspend, disable, restrict, or terminate access to the Services at any time without notice and without liability.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, condition, restrict, block, or prohibit whether and how any Agent accesses, uses, or interacts with the Services, including through technical measures.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, including by mimicking human behavior or bypassing tests intended to distinguish humans from automated systems; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, monitor, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate, suspend, or restrict your access to the Services, in whole or in part, at any time, with or without notice, for any lawful reason, including if we believe you have violated these Terms.
Termination or suspension will not affect any rights or obligations that arose prior to the effective date of termination. You remain liable for all amounts due through the date of termination.

The following sections survive termination: Intellectual Property, Optional Tools, Third-Party Links, Relationship with Shopify, Feedback, Errors, Inaccuracies and Omissions, Prohibited Uses, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Changes to Terms of Service, and any other provisions that by their nature should survive.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, usefulness, or reliability of any information on the Services. Any reliance on the Services, product descriptions, application guidance, product recommendations, or other content is strictly at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS SOLD OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EARTHPEAK SOLUTIONS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DURABILITY, PERFORMANCE, ACCURACY, OR RESULTS.
WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY OR GUARANTEE:

(a) that any fertilizer, soil amendment, or related product will produce any particular agronomic, horticultural, landscape, turf, crop, or plant result;
(b) that any product is suitable for any particular soil, crop, plant, climate, region, or application;
(c) that any product will be free from natural variation;
(d) that any product will be compatible with any other material, amendment, fertilizer, pesticide, soil condition, irrigation regime, or growing practice;
(e) that the Services will be uninterrupted, timely, secure, error-free, or free of harmful components; or
(f) that defects, if any, will be corrected.

YOU ASSUME ALL RISK ASSOCIATED WITH THE STORAGE, HANDLING, USE, MISUSE, APPLICATION, OR INABILITY TO USE ANY PRODUCT PURCHASED THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR READING AND FOLLOWING ALL LABELS, DIRECTIONS, WARNINGS, AND APPLICABLE LAWS, AND FOR DETERMINING PRODUCT SUITABILITY FOR YOUR INTENDED USE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARTHPEAK SOLUTIONS, LLC, RENOURISH, OR ANY OF OUR OR THEIR AFFILIATES, MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS, OR SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF CROP, LOSS OF YIELD, LOSS OF GOODWILL, DIMINUTION IN VALUE, LOSS OF DATA, COST OF SUBSTITUTE GOODS, OR OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT, ORDER, OR CLAIM SHALL BE STRICTLY LIMITED TO, AND SHALL NOT EXCEED, AT OUR SOLE ELECTION: (A) THE REPLACEMENT OF THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM, OR (B) A REFUND OF THE AMOUNT ACTUALLY PAID TO US FOR THAT SPECIFIC PRODUCT. THIS SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF ANY KIND, WITHOUT EXCEPTION TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO:

(a) improper, excessive, insufficient, untimely, or otherwise incorrect application, storage, handling, transport, mixing, or use of any product;
(b) failure to follow labels, directions, warnings, or industry practices;
(c) weather, drought, flooding, irrigation, drainage, insects, pests, disease, weed pressure, salinity, pH imbalance, soil condition, contamination, or any other environmental or site condition;
(d) any use in combination with any other product or material;
(e) any commercial, agricultural, institutional, or resale use;
(f) any claim by any third party;
(g) delay in shipment or delivery; or
(h) content, guidance, or information made available through the Services.

ANY CLAIM ARISING OUT OF OR RELATING TO ANY PRODUCT OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM, OR SUCH SHORTER PERIOD AS MAY BE REQUIRED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EarthPeak Solutions, LLC, RENOURISH, Shopify, and our and their affiliates, members, managers, owners, officers, directors, employees, agents, contractors, licensors, suppliers, service providers, successors, and assigns from and against any and all claims, demands, actions, suits, investigations, proceedings, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (1) your breach of these Terms or any policy incorporated by reference; (2) your violation of any law or the rights of any third party; (3) your misuse, resale, export, relabeling, storage, handling, marketing, distribution, or application of any product; (4) your negligence, misconduct, or willful acts or omissions; (5) any information or content you submit through the Services; or (6) your access to or use of the Services.

We may, at your expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claim. You may not settle any indemnified claim without our prior written consent.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
To the extent any limitation, exclusion, disclaimer, release, remedy limitation, or other protective provision in these Terms is not enforceable as written, it shall be modified and enforced to the maximum extent permitted by applicable law.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with all policies and documents incorporated by reference, constitute the entire agreement between you and EarthPeak Solutions, LLC regarding the Services and supersede all prior or contemporaneous agreements, communications, negotiations, representations, and proposals, whether oral or written, relating to the Services or products sold through the Services.
Any ambiguities in these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of this Section shall be null and void.
We may assign, delegate, transfer, subcontract, or otherwise dispose of these Terms or any of our rights or obligations under them, in whole or in part, at any time without notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any dispute, claim, controversy, or action arising out of or relating to the Services, any product, or any transaction between you and EarthPeak Solutions, LLC shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of laws principles.
To the fullest extent permitted by law, you agree that the exclusive venue for any action or proceeding arising out of or relating to these Terms, the Services, or any product shall be the state courts located in Clark County, Ohio, or the federal court having jurisdiction there, and you irrevocably consent to the personal jurisdiction of such courts.

SECTION 23 - HEADINGS

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to modify, update, or replace any part of these Terms at any time by posting the revised Terms on the Services. Any changes will be effective immediately upon posting unless otherwise stated, to the fullest extent permitted by law. Your continued use of the Services after any such posting constitutes acceptance of the revised Terms.
It is your responsibility to review these Terms periodically for changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at orders@renourish.ag.

Our contact information is:
EarthPeak Solutions, LLC
orders@renourish.ag