Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, online ordering platforms, loyalty programs, and cafe services (collectively, the "Services") provided by Vitality LLC, a Tennessee limited liability company doing business as E+ROSE ("E+ROSE," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which together form the complete agreement between you and E+ROSE regarding your use of the Services. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have the consent of a parent or legal guardian. By using our Services, you represent that you meet these age requirements and have the legal capacity to enter into a binding agreement.

3. Orders, Payments, and Pricing

Orders: Orders placed through our website, mobile app, or online ordering platform (operated by Toast) are subject to acceptance by the applicable E+ROSE location. We reserve the right to refuse or cancel any order, including for reasons such as unavailability of items, errors in pricing or product information, or suspected fraudulent activity.

Payments: Payments are processed by Toast or other third-party payment processors. By placing an order, you authorize us and our payment processors to charge your selected payment method for the total order amount, including applicable taxes, fees, and tips.

Pricing: Menu pricing and availability vary by location and may change without notice. We make reasonable efforts to display accurate pricing, but errors may occasionally occur. If a pricing error is identified, we will notify you and allow you to confirm or cancel your order.

Refunds: If you are not satisfied with your order, please contact the E+ROSE location where you placed the order within 24 hours. Refund decisions are made on a case-by-case basis.

4. Allergens, Ingredients, and Dietary Information

Our allergen commitment. E+ROSE takes food allergies seriously. Our team members are trained to handle allergy requests with care and to take reasonable precautions to minimize cross-contact when a customer discloses an allergy or medical dietary restriction before ordering.

Shared kitchen environments. All E+ROSE cafes are shared kitchen environments in which multiple allergens are routinely handled using shared equipment, surfaces, utensils, and storage. Allergens handled in our facilities include, but are not limited to: tree nuts (almonds, cashews, macadamia nuts, pecans, walnuts), peanuts, sesame, wheat and gluten, soy, eggs, dairy, coconut, and bee products (honey, bee pollen).

Upstream supplier facilities. Many of our ingredients — including nuts, seeds, oats, dried fruit, cocoa, spices, granolas, and other bulk dry goods — are processed at third-party supplier facilities before reaching our cafes. Those supplier facilities may process other allergens beyond what we handle in-house, including fish, crustacean shellfish, mollusks, mustard, sulfites, or other allergens not directly used at E+ROSE. Because we cannot observe or control supplier facilities, trace amounts of such allergens may be present in any ingredient we receive, even when those allergens are not handled in our cafes.

Limits of our guarantee. Because of the shared-kitchen reality of our cafes and the shared-facility reality of our suppliers, we cannot guarantee that any item is free from cross-contact with any major allergen — including those we handle in-house and those handled at supplier facilities. We do not operate a dedicated allergen-free facility, and we are not a certified gluten-free facility.

For severe allergies and celiac disease. If you have a severe allergy, anaphylactic risk, celiac disease, or a medical dietary restriction, please inform a team member of your allergy or restriction before placing your order. Additional precautions reduce but do not eliminate cross-contact risk. You should use your own judgment, in consultation with your healthcare provider, about whether eating at E+ROSE is appropriate for your level of risk tolerance, and should carry any emergency medication prescribed by your healthcare provider. Our full allergen policy is set forth in our Disclaimer, Section 5.

Ingredient information. Ingredient information provided on our website, menus, and digital platforms is believed to be accurate at the time of publication, but recipes, suppliers, and preparation methods may change. You assume full responsibility for your dietary choices and for informing us of any allergies or restrictions.

Health and nutrition claims. Nutritional and health-related statements on our website and marketing materials are for informational purposes only and have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

5. Loyalty Program and Gift Cards

Loyalty program: Participation in our loyalty program is subject to program-specific terms, which we may modify at any time. Points have no cash value, are non-transferable, and may expire in accordance with program terms.

Gift cards: Gift cards are issued through Toast and are governed by Toast's gift card terms. Gift cards are not redeemable for cash except as required by law, cannot be resold, and are void if acquired by fraudulent means.

6. User Conduct

You agree not to:

• Use our Services for any unlawful purpose or in violation of any applicable law or regulation
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the operation of our Services, including through the use of viruses, bots, scrapers, or automated means to access or collect information without our written permission
• Attempt to gain unauthorized access to any portion of our Services, other accounts, or any connected systems or networks
• Harass, threaten, or harm our staff, customers, or vendors
• Reproduce, duplicate, copy, sell, or exploit any portion of our Services for commercial purposes without our express written permission

7. Intellectual Property

All content on our website and mobile applications, including text, graphics, logos, images, recipes, product names, and software, is the property of Vitality LLC (doing business as E+ROSE) or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. "E+ROSE," "Eat Well, Be Kind, Defy Mortality," and associated logos and marks are trademarks of Vitality LLC.

You may view, download, and print content from our Services for your personal, non-commercial use only. You may not modify, reproduce, distribute, or create derivative works without our prior written consent.

8. User-Generated Content

If you submit reviews, comments, photos, feedback, suggestions, or other content through our Services or social media channels, you grant E+ROSE a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and display that content in connection with our business. You represent that you own or have the right to grant this license and that the content does not violate any third party's rights.

We reserve the right to remove or refuse any user-submitted content at our discretion, including content we consider offensive, inaccurate, or otherwise inappropriate.

9. Third-Party Services and Links

Our Services may contain links to or integrate with third-party services including Toast (online ordering and payments), social media platforms, delivery providers, and payment processors. We are not responsible for the content, privacy practices, or availability of these third-party services. Your use of third-party services is subject to their own terms and privacy policies. How we share information with these service providers is described in our Privacy Policy, Section 4.

10. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Nutritional, health-related, and ingredient-related information on our website is provided for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with questions about your health or dietary needs. Additional disclaimers regarding our brand tagline, nutritional claims, ingredient sourcing, and curated retail products are set forth in our Disclaimer, which is incorporated into these Terms by reference.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, E+ROSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless E+ROSE and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of our Services, your violation of these Terms, or your violation of any rights of any third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation. If resolution cannot be reached, disputes shall be resolved in the state or federal courts located in Davidson County, Tennessee, and you consent to the personal jurisdiction of such courts.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and, if the changes are material, we will provide additional notice (such as via email or a prominent notice on our website). Your continued use of our Services after the effective date of updated Terms constitutes your acceptance of the updated Terms.

15. Termination

We may suspend or terminate your access to all or any part of our Services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, to us, or to third parties, or for any other reason.

16. Contact

If you have questions about these Terms, please contact us:

Email: [email protected]
Mailing address: Vitality LLC (doing business as E+ROSE), Nashville, Tennessee
Contact form: eandrosewellness.com/contact