Terms of Service

Terms of Service Overview

This website is operated by Nut Enterprises, LLC d/b/a Good Earth Peanuts. Throughout the site, the terms “Company”, "we," "us," and "our" refer to Good Earth Peanuts. Good Earth Peanuts offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, wholesale accounts, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products to you.  They also provide payment processing services for our online and in store transactions.

SECTION 1 - ONLINE STORE TERMS


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, or that you have given us your consent to allow any of your minor dependents to use this site.  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.  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

Good Earth Peanuts (hereinafter, "We," "Us," "Our") may offer a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy [insert URL link to Privacy Policy] (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. Message and data rates may apply. Message frequency varies.

  2. User Opt Out: If you no longer wish to participate in the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us. You may receive an additional message confirming your opt out. Any other method of opting out, including verbal requests to an employee, is not a reasonable means of opting out.

  3. Program Description: Users who opt in can expect to receive messages concerning the marketing, promotion, ordering, and delivery of Virginia peanuts, gourmet nuts, chocolate covered treats, gift assortments, and other Good Earth Peanuts products, including order and checkout reminders.

  4. Cost and Frequency: Message and data rates may apply. Message frequency varies at our discretion.

  5. Support Instructions: For support, text "HELP" to the number you received messages from or email us at [insert support email]. This email address is not an acceptable method of opting out.

  6. MMS Disclosure: The Program will send SMS terminating messages if your device does not support MMS messaging.

  7. DISCLAIMER OF WARRANTY: THE PROGRAM IS OFFERED "AS-IS" AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES. WE ARE NOT LIABLE FOR DELAYS OR FAILURES IN MESSAGE DELIVERY, WHICH IS SUBJECT TO YOUR WIRELESS CARRIER'S NETWORK.

  8. Participant Requirements: You must have a wireless device capable of two-way messaging on a participating carrier with text messaging service.

  9. Age Restriction: You may not engage with the Program if you are under thirteen (13) years of age. Users between thirteen (13) and eighteen (18) must have a parent or legal guardian's permission.

  1. Prohibited Content: You agree not to send fraudulent, threatening, harassing, or otherwise objectionable content, protected health information, or any content prohibited by applicable law.

  2. Dispute Resolution: Disputes arising from the Agreement are submitted to binding arbitration in Richmond, Virginia, administered by the American Arbitration Association (AAA) under Virginia law, including the Virginia Uniform Arbitration Act. Each party irrevocably and unconditionally agrees that any legal action, arbitration, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state courts of Virginia sitting in the County of Southampton, Virginia, or the United States District Court for the Eastern District of Virginia (Richmond Division). Each party submits to the personal jurisdiction of such courts in any such action or proceeding and waives any objection to venue or the defense of an inconvenient. Claims may be brought only in an individual capacity, not as a class or representative action. Each party bears its own arbitration costs unless the arbitrator orders otherwise. Neither party may recover punitive damages. IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

  3. Miscellaneous: You warrant that you have the authority to agree to these Terms. If any provision is found unenforceable, it will be limited to the minimum extent necessary, with the remainder of the Agreement remaining in effect. We may update this Agreement from time to time, and continued participation constitutes acceptance of the changes.

  4. Termination: These Terms remain effective unless and until terminated by either you or us. You may terminate by ceasing to use our site. We may terminate your access at any time without notice if we believe you've failed to comply with these Terms, and you'll remain liable for all amounts due up to the date of termination. The terms of this Section shall survive termination.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, except where prohibited by law. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only. Food package label controls as to information with respect to food. Any reliance on it is at your own risk. We reserve the right to modify the contents of this site at any time without obligation to update information, and it is your responsibility to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE 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 without notice, and we are not liable to you or any third party for doing so. Prices shown when orders are placed are the price charged.

SECTION 5 - PRODUCTS OR SERVICES

All of our products are manufactured in a facility that processes peanuts, tree nuts, wheat, soy, eggs, milk and sesame.  Certain products may be available exclusively online and in limited quantities, subject to return or exchange only according to our Returns Policy. We've made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee your monitor's display will be accurate. We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction, and to discontinue any product at any time. We do not warrant that our products will meet your expectations or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order and to limit or cancel quantities purchased per person, household, or order, including orders placed under the same account, credit card, or billing/shipping address. If we cancel or change an order, we may attempt to notify you using the contact information provided at checkout. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information, and to promptly update it as needed. 

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. Such tools are provided "as is" without warranties, and we have no liability arising from your use of them. Any new features or services we offer in the future are also subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content and links on our site may direct you to third-party websites not affiliated with us. We are not responsible for the content, accuracy, products, or services of those third parties. Please review third-party policies before engaging in any transaction with them.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, reviews, or other submissions, whether requested or not, you agree that we may edit, copy, publish, distribute, and otherwise use them in any medium without compensation or obligation to respond. We may, but are not obligated to, monitor or remove content we determine to be unlawful, offensive, or in violation of these Terms.

You agree your comments will not violate any third party's rights, contain unlawful or obscene material, or misrepresent your identity. You are solely responsible for your comments and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Our site may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct these, and to change or cancel orders, at any time without prior notice, including after an order has been submitted.  If an order is cancelled by us, a full refund will be issued.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site for any unlawful purpose, to violate any regulation or law, to infringe intellectual property rights, to harass or discriminate against others, to submit false information, to transmit viruses or malicious code, to collect others' personal information without consent, to spam or scrape the site, or to interfere with the Service's security features. We reserve the right to terminate your use of the Service for violating any prohibited use.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. IN NO CASE SHALL GOOD EARTH PEANUTS, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCT PURCHASED THROUGH IT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE A JURISDICTION DOES NOT ALLOW THIS LIMITATION, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless the Company and our affiliates, members, managers, officers, directors, agents, contractors, and employees from any claim or demand, including reasonable attorneys' fees, arising from your breach of these Terms or violation of any law or third party right.

SECTION 15 - SEVERABILITY

If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remainder shall remain in full force and effect.

SECTION 16 - TERMINATION

These Terms remain effective unless and until terminated by either you or us. You may terminate by ceasing to use our site. We may terminate your access at any time without notice if we believe you've failed to comply with these Terms, and you'll remain liable for all amounts due up to the date of termination.  Sections 10, 11, 13, 14 and 18 survive termination.

SECTION 17 - ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver. These Terms, along with our Privacy Policy, Return Policy, Shipping Policy, SMS/MMS Terms and any other policies posted on our site, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements or communications.

SECTION 18 - GOVERNING LAW

Disputes arising from the Agreement are submitted to binding arbitration in Richmond, Virginia, administered by the American Arbitration Association (AAA) under Virginia law, including the Virginia Uniform Arbitration Act. Each party irrevocably and unconditionally agrees that any legal action, arbitration, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state courts of Virginia sitting in the County of Southampton, Virginia, or the United States District Court for the Eastern District of Virginia (Richmond Division). Each party submits to the personal jurisdiction of such courts in any such action or proceeding and waives any objection to venue or the defense of an inconvenient. Claims may be brought only in an individual capacity, not as a class or representative action. Each party bears its own arbitrations costs unless the arbitrator orders otherwise. Neither party may recover punitive damages. IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO TRIAL BY JURY.

SECTION 19 - CHANGES TO TERMS OF SERVICE

This Policy is effective as of September 26, 2026[insert date]. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the site following any changes constitutes acceptance of those changes.  Changes apply only after the change is made.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@goodearthpeanuts.com, 800-643-1695 or Good Earth Peanuts, 5300 Skippers Rd, Skippers, VA 23879.