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Terms of services

Terms of Service

Intellectual properties
Purchases
No guarantees
Limitations
Integrations
Shipping, Title, Risk of Loss, Returns, and Refunds
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Introduction
Eligibility and Permitted Use
Products, Availability, and Product Information
Food Safety, Allergens, and Consumer Responsibility
Pricing, Billing, Orders, and Cancellations
Shipping, Title, Risk of Loss, Returns, and Refunds
Shipping, Title, Risk of Loss, Returns, and Refunds
Accounts and Electronic Communications
Brand Protection and Unauthorized Resale
Intellectual Property and User Content
Third-Party Services
Disclaimer of Warranties and Limitation of Liability
Brand Protection; Unauthorized Resale; Marketplace Restrictions
Indemnification
Dispute Resolution, Arbitration, and Class Action Waiver
Governing Law; Changes; Termination
What is Framer?
Contact Information
Introduction
Eligibility and Permitted Use
Products, Availability, and Product Information
Food Safety, Allergens, and Consumer Responsibility
Pricing, Billing, Orders, and Cancellations
Shipping, Title, Risk of Loss, Returns, and Refunds
Accounts and Electronic Communications
Brand Protection and Unauthorized Resale
Intellectual Property and User Content
Third-Party Services
Disclaimer of Warranties and Limitation of Liability
Indemnification
Dispute Resolution, Arbitration, and Class Action Waiver
Governing Law; Changes; Termination
What is Framer?
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Contact Information
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Open Mouth Food, Inc.
Last Updated: April 22, 2026

Welcome to the website of Open Mouth Food, Inc. ('Company,' 'we,' 'us,' or 'our'). These Terms of Service govern your access to and use of our website, storefront, checkout, content, and related services, including any purchase of products through the Site. By visiting the Site, creating an account, placing an order, subscribing to communications, or otherwise using the Site, you agree to these Terms and to any policies incorporated by reference, including our Privacy Policy and Shipping, Returns & Refunds Policy.

Eligibility and Permitted Use

You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase products through the Site. You may use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site in a way that could damage, disable, overburden, impair, scrape, reverse engineer, interfere with, or gain unauthorized access to the Site, accounts, data, or systems.

Products, Availability, and Product Information

We sell packaged food products and related merchandise for shipment within the United States only. Product availability may change without notice, and we may modify, discontinue, or update products, packaging, recipes, ingredients, serving suggestions, weights, imagery, and descriptions at any time. We try to display product descriptions, ingredients, nutrition, allergens, preparation instructions, pricing, weights, imagery, and colors accurately, but minor variations may occur due to screen displays, packaging updates, supply chain changes, lot-to-lot differences, or operational updates. Statements on the Site are not intended to diagnose, treat, cure, or prevent any disease unless expressly stated in compliance with applicable law. The Site does not provide medical, nutritional, or allergy advice tailored to individual circumstances.

Food Safety, Allergens, and Consumer Responsibility

Because our products are consumable food items, you are responsible for reading the current product label, ingredient list, allergen statement, warnings, storage guidance, and preparation instructions before use. Do not rely solely on product images or marketing copy when deciding whether a product is appropriate for you or another consumer. Our products may be manufactured, packed, stored, or handled in facilities that also process common allergens. Except to the extent expressly stated on the product label, we do not guarantee that any product is free from any specific allergen, ingredient trace, or cross-contact risk. You are responsible for safe handling, storage, and preparation after delivery.

Pricing, Billing, Orders, and Cancellations

All prices are listed in U.S. dollars. Prices, promotions, discounts, bundles, taxes, and shipping charges are subject to change without notice. We may correct pricing, typographical, or clerical errors at any time, including after an order has been submitted. Payment transactions are processed by third-party providers such as Shopify Payments, Stripe, or other payment processors, and we do not store full payment card numbers. An order confirmation email does not mean that we have accepted your order. We reserve the right to review, refuse, limit, or cancel any order for legitimate business reasons, including suspected fraud, unauthorized resale, inventory shortages, pricing errors, shipping restrictions, or concerns relating to product misuse or customer conduct. If we cancel an order after your payment method has been charged, we will issue a refund for the canceled portion to the original form of payment unless otherwise required by law.

Shipping, Title, Risk of Loss, Returns, and Refunds

We currently ship within the United States only. Estimated shipping and delivery windows are estimates, not guarantees. You are responsible for providing complete and accurate shipping information. Title and risk of loss pass as stated in these Terms, at checkout, or as otherwise required by applicable law. Because our products are consumable food products, all sales are generally final except as stated in our Shipping, Returns & Refunds Policy or as otherwise required by law.

Accounts and Electronic Communications

If the Site allows account creation, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. By placing an order or communicating with us electronically, you consent to receive transactional communications electronically, including order confirmations, shipping updates, account notices, customer service messages, and important policy or product notices.

Brand Protection and Unauthorized Resale

Our products are offered for personal or authorized business use only. Unauthorized resale, diversion, export, inventory aggregation, or marketplace listing is prohibited without our prior written consent. You may not resell our products, offer them on third-party marketplaces, or remove, obscure, alter, or replace packaging, lot codes, date coding, warnings, or brand identifiers. We may reject or cancel orders associated with unauthorized resale and pursue any remedies available under law or equity.

Intellectual Property and User Content

All content on the Site, including text, graphics, photographs, videos, software, product names, logos, trademarks, trade dress, packaging design, page layouts, and other materials, is owned by or licensed to Open Mouth Food, Inc. and protected by applicable intellectual property and unfair competition laws. No right, title, or interest in the Site or our content is transferred to you. If you submit reviews, testimonials, feedback, suggestions, ideas, photos, videos, or other content to us, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, display, distribute, adapt, publish, and create derivative works from that content for lawful business purposes, including marketing, advertising, product development, and customer service. You represent that you have the rights needed to submit such content and that our use will not violate law or third-party rights.

Third-Party Services

The Site may integrate with or link to third-party services, platforms, tools, processors, carriers, analytics providers, advertising providers, social media platforms, or websites. We do not control and are not responsible for the content, policies, functionality, or practices of any third-party service. Your use of third-party services is governed by their terms and privacy notices.

Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by law, the Site, content, products, and services are provided on an 'as is' and 'as available' basis, without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and uninterrupted availability. To the fullest extent permitted by law, Open Mouth Food, Inc. and its officers, directors, employees, affiliates, agents, licensors, service providers, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data, or use. Our aggregate liability for any claim will not exceed the amount you paid for the specific product or order giving rise to the claim during the twelve-month period preceding the event giving rise to liability.

Indemnification

You agree to defend, indemnify, and hold harmless Open Mouth Food, Inc. and its officers, directors, employees, affiliates, agents, licensors, service providers, and suppliers from and against claims, liabilities, damages, judgments, awards, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms, misuse of the Site or products, user content, or violation of any law or third-party right.

Dispute Resolution, Arbitration, and Class Action Waiver

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product or service purchased through the Site that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable consumer rules, rather than in court. You and Open Mouth Food, Inc. each waive any right to a jury trial and any right to participate in a class action, class arbitration, representative action, or private attorney general action to the fullest extent permitted by law. Before initiating arbitration, the claiming party must provide written notice and a reasonable opportunity to resolve the dispute informally. If the dispute is not resolved within 30 days after notice is received, either party may commence arbitration. Nothing prevents either party from seeking temporary, preliminary, or injunctive relief to protect intellectual property, confidential information, or brand rights.

Governing Law; Changes; Termination

These Terms and any dispute relating to them, the Site, or products purchased through the Site are governed by the laws of the State of California, without regard to conflict of law principles, except to the extent federal law governs arbitration or other specific issues. Subject to the arbitration section and except where prohibited by law, the state and federal courts located in California will have exclusive jurisdiction over any matter not subject to arbitration. We may update the Site, products, policies, and these Terms from time to time. We may suspend or terminate access, cancel open orders, or refuse future orders if we believe you violated these Terms or created legal, operational, reputational, or product integrity risk.

Contact Information

Open Mouth Food, Inc.

1350 Regal Drive, Napa, CA 94558

Email: info@omu.food

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