Terms of service

DESERT HARVEST TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THIS WEBSITE.

ALL USERS OF THIS SITE AGREE THAT ACCESS TO, AND USE OF, THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS GOVERN YOUR USE OF THE DESERT HARVEST WEBSITE ("WEBSITE" OR "SITE") AND CONSTITUTE A CONTRACT BETWEEN YOU ("YOU" OR "USER") AND DESERT HARVEST. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY.

1. ACCEPTANCE OF TERMS

By visiting the Desert Harvest Website ("Desert Harvest"), and by viewing, accessing, or otherwise using any of the services or information created, collected, compiled, or submitted to this Website, you agree to be bound by the following Terms and Conditions of Website Use ("Terms"). If you do not want to be bound by our Terms, you should not visit, view, or otherwise use the services of the Desert Harvest Website. You understand, agree, and acknowledge that these Terms constitute a legally binding agreement between you and Desert Harvest and that your use of this Website shall indicate your conclusive acceptance of this agreement.

Desert Harvest may modify these Terms or other policies set forth on the Site from time to time without prior notice. When we modify these Terms, we will update the "Last Updated" line above. It is your responsibility to regularly review these Terms. Your use of the Site following the posting of updated Terms constitutes your acceptance of such updated Terms. Continued use of the Site after changes are posted signifies your binding acceptance of all modifications.

IMPORTANT MEDICAL AND REGULATORY DISCLAIMERS:

FDA STATEMENT: All material and information presented by Desert Harvest are intended to be used for educational or informational purposes only. The statements made about products and on this website have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease, condition, or ailment. Any results reported may not necessarily occur in all individuals. Individual results may vary.

NOT MEDICAL ADVICE: The use of this website and the information contained herein is not meant to serve as a substitute for professional medical advice, diagnosis, or treatment. Please consult with your own physician or healthcare practitioner regarding the use of any goods, products, or information received from this website before using or relying on them. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

NO DOCTOR-PATIENT RELATIONSHIP: Your use of this website does not create a doctor-patient or healthcare provider-patient relationship. Desert Harvest does not represent itself as a physician, nor is this implied. Desert Harvest does not provide medical advice, medical diagnosis, or medical treatment. No prescription medications or medical treatments are intentionally provided on this website. Your physician or healthcare practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition.

MEDICAL EMERGENCIES: IF YOU ARE IN NEED OF MEDICAL ATTENTION OR ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. DO NOT RELY ON INFORMATION FROM THIS WEBSITE FOR EMERGENCY MEDICAL TREATMENT.

WEBSITE INFORMATION DISCLAIMER: While we strive to ensure accuracy, Desert Harvest makes no warranties, express or implied, regarding the completeness, accuracy, reliability, timeliness, or currentness of information, content, materials, services, or products on our website. Product descriptions, formulations, ingredients, pricing, availability, and all other information are subject to change without notice at any time. Desert Harvest does not warrant that the website will be error-free, uninterrupted, or free from viruses or other harmful components.

USE AT YOUR OWN RISK: Your use of this website and reliance on any information on the website is solely at your own risk. You assume full responsibility for any decisions made based on information obtained from this website.

Your use of this website is subject to these terms and conditions in their entirety.

2. PROVISION OF SERVICES AND RIGHT TO REFUSE SERVICE

You agree and acknowledge that Desert Harvest is entitled to modify, improve, or discontinue any of its services at its sole discretion and without notice to you, even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Desert Harvest is entitled to provide services to you through subsidiaries or affiliated entities.

RIGHT TO REFUSE SERVICE: Desert Harvest expressly reserves the right, at its sole discretion, to refuse service, terminate accounts, remove or edit content, cancel orders, or deny access to the website to anyone for any reason or no reason at any time, including but not limited to customers who:

Violate these Terms and Conditions or any other policies
Engage in fraudulent, abusive, or illegal activity
Have outstanding payment issues or chargebacks
Provide false, inaccurate, or misleading information
Abuse, harass, threaten, or show disrespect to our staff or representatives
Attempt to resell products in violation of our policies
Have previously been barred from using our services
Engage in excessive returns or claims that appear fraudulent
Use our products or services in any manner that Desert Harvest deems inappropriate

This right to refuse service applies to all aspects of our business, including website access, order processing, customer service, and product shipment. Desert Harvest may refuse to ship to certain addresses or restrict shipments to certain destinations, both domestically and internationally.

ACCOUNT TERMINATION: Desert Harvest reserves the right to terminate or suspend your account and access to the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

3. AUTOSHIP PROGRAM TERMS & CONDITIONS

3.1 Program Overview

Save time, energy, and never run out of your favorite Desert Harvest products! Your products will ship automatically, and you will never pay for shipping with our FREE Autoship Program (U.S. & Canada only).

Contact Information:

Call: (800) 222-3901 or (406) 344-8993
Email: autoship@desertharvest.com

3.2 Autoship Agreement

By enrolling in the Autoship Program, you authorize Desert Harvest to automatically charge your designated payment method for recurring shipments according to your selected schedule. You represent and warrant that you have the legal right to use any payment method you provide.

3.3 Shipping & Delivery

FREE Shipping for US & Canada ONLY (discounted shipping for other countries, please contact us)
Choose how often you would like the product shipped to fit your schedule:
Monthly
Every other month
Every three months
Every four months
Every six months
Annually
If your shipment date falls on a weekend or holiday, we will ship on the following business day
Please ensure that any alterations or inquiries regarding your automatic order are made or communicated to us at least three (3) business days before your scheduled shipment date
Failure to notify us in time may result in your order being processed and shipped

3.4 Payment and Price Changes

You agree to maintain a valid payment method on file. If your payment method fails, we will attempt to notify you, but we reserve the right to suspend or cancel your Autoship enrollment. Desert Harvest reserves the right to change product prices at any time. You will be charged the current price at the time of each shipment. We will attempt to notify you of significant price changes, but continued participation in the program constitutes acceptance of any price modifications.

3.5 Modifications and Cancellation

You may modify your Autoship schedule, payment method, or shipping address by contacting us at autoship@desertharvest.com or calling (800) 222-3901. Modifications must be made at least three (3) business days before your next scheduled shipment.

Cancellation Policy:

You may cancel your Autoship enrollment at any time by contacting us
Early Cancellation Fee: If you cancel your Autoship before completing three (3) shipments, you will be charged a cancellation fee of $12.00 per shipment for each shipment not completed
Returned Autoship orders will be charged a minimum $12.00 restocking fee per item returned
Desert Harvest is not responsible for return shipping costs
Please view our full return policy in Section 18 of these Terms

3.6 Autoship Termination by Desert Harvest

Desert Harvest reserves the right to terminate your Autoship enrollment at any time for any reason, including but not limited to payment failures, suspected fraud, violation of these Terms, or excessive returns.

4. PROMOTIONAL OFFERS AND DISCOUNT PROGRAMS

Desert Harvest may offer promotional pricing, free shipping promotions, discount codes, automatic discounts, and other special offers from time to time. All such offers are subject to the following terms.

4.1 General Promotional Terms

All promotional offers are provided as-is and may be modified, suspended, or discontinued by Desert Harvest at any time without prior notice
Eligibility requirements, minimum purchase thresholds, expiration dates, and exclusions are disclosed at point of sale, on product pages, in the shopping cart, and at checkout where applicable
Promotional offers cannot be combined or stacked unless explicitly stated otherwise
Only one promotional code may be applied per order
Discount codes are not valid on Autoship subscriptions unless explicitly stated otherwise in the promotion terms
Where a discount is permitted on an Autoship order, the discount applies only to the initial payment; subsequent Autoship deliveries will be charged at the regular subscription price
Maximum of three (3) promotional items per order
Desert Harvest reserves the right to cancel orders that violate the terms of any promotional offer
Desert Harvest reserves the right to refuse, modify, or revoke any promotional offer at our sole discretion

4.2 Free Ground Shipping on US Orders $150 and Over

Desert Harvest offers complimentary USPS Ground Advantage shipping on qualifying United States domestic orders. This promotional offer is automatically applied at checkout when eligibility requirements are met.

Eligibility:

US shipping addresses only
Order subtotal of $150.00 USD or more (before tax and shipping)
One-time purchases only; Autoship/subscription orders are not eligible for this offer (Autoship orders receive free shipping through the separate Autoship Program described in Section 3)
Discount applies automatically at checkout; no code required
Combinable with product discounts and order discounts unless otherwise specified

Coverage and Limitations:

Free shipping applies exclusively to USPS Ground Advantage service
Estimated delivery is 5-7 business days after the standard 3-business-day processing period
Other shipping methods (FedEx Express, USPS Priority, USPS Express) are NOT eligible for this free shipping offer and remain available at standard rates
Desert Harvest reserves the right to ship qualifying free shipping orders via USPS Ground Advantage regardless of the shipping method selected at checkout
This offer does not include shipping insurance; insurance remains optional below $400 USD and required at $400 USD and above per our standard Shipping Policy
This offer does not apply to returns, exchanges, or reshipments
Desert Harvest reserves the right to modify, suspend, or discontinue this offer at any time without prior notice

Full operational details regarding this offer, including processing times, carrier selection, and delivery expectations, are set forth in our Shipping Policy. In the event of any conflict between this Section and our Shipping Policy, our Shipping Policy controls with respect to operational matters.

4.3 Modifications to Promotional Offers

Desert Harvest may change, suspend, or discontinue any promotional offer at any time without prior notice. Placement of an order after a promotional change constitutes acceptance of the modified offer terms in effect at the time of order. Where any conflict exists between promotional marketing messaging and these Terms, these Terms control.

5. COPYRIGHT

The entire content included in this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Desert Harvest or its content suppliers. The collective work includes works that are licensed to Desert Harvest. Copyright 1993-2026, Desert Harvest. ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Desert Harvest or purchasing Desert Harvest products for personal, non-commercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Desert Harvest or to purchase Desert Harvest products.

Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited unless authorized by Desert Harvest in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Site. Unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

6. TRADEMARKS

All trademarks, service marks, brand names, logos, and trade names of Desert Harvest used in the Site are trademarks or registered trademarks of Desert Harvest or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way without our prior written consent.

The use of Desert Harvest trademarks on any other website or in any other medium is strictly prohibited. The transfer of trademark rights DOES NOT INCLUDE THE TRANSFERRING OF SAID RIGHTS TO EBAY, AMAZON, ANY OF THEIR AFFILIATES' WEBSITES, or any other auction website, online marketplace, or retail platform, whether online or offline.

Any unauthorized use of our trademarks may constitute trademark infringement and unfair competition in violation of federal and state laws and may subject you to civil and criminal liability.

7. WARRANTY DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DESERT HARVEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
IMPLIED WARRANTIES OF NON-INFRINGEMENT
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
WARRANTIES THAT DEFECTS WILL BE CORRECTED
WARRANTIES THAT THE SITE OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

Desert Harvest does not warrant or make any representations regarding:

The use or results of the use of materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise
The quality, safety, or effectiveness of any products
That the Site will meet your requirements or expectations

PRODUCT DISCLAIMER: Desert Harvest does not guarantee specific results from the use of any product. Results may vary from person to person. No statements about our products should be construed as a guarantee of specific outcomes.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In such cases, Desert Harvest's warranties shall be limited to the maximum extent permitted by law.

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8. UNAUTHORIZED DEALERS AND RESELLERS

AUTHORIZED SALES CHANNELS: Desert Harvest products are only authorized for sale through:

DesertHarvest.com (our official website)
Authorized retailers explicitly approved in writing by Desert Harvest

UNAUTHORIZED SALES: Desert Harvest's products are sometimes sold by dealers or resellers that are not authorized to do so. Desert Harvest does not guarantee, warrant, or support any products sold by unauthorized dealers or resellers. Products sold through unauthorized channels may be:

Counterfeit or imitation products
Expired or past their expiration date
Improperly stored or handled
Subject to tampering or contamination
Not eligible for our quality guarantee

ONLINE MARKETPLACES: Dealers and resellers that sell Desert Harvest products through online marketplaces, including but not limited to Amazon.com, Ebay.com, or similar platforms, are NOT affiliated with, authorized by, or approved by Desert Harvest unless explicitly stated in writing by Desert Harvest. If a dealer or reseller is claiming they are authorized by Desert Harvest, please contact Desert Harvest at info@desertharvest.com to confirm whether that dealer or reseller is authorized.

CUSTOMER WARNING: We strongly urge you to make your purchase directly from our official website at DesertHarvest.com and to use caution when making a purchase from an unauthorized dealer or reseller. Desert Harvest cannot and will not be held responsible for:

Product authenticity sold through unauthorized channels
Product quality, safety, or effectiveness of products sold through unauthorized channels
Customer service issues with unauthorized sellers
Returns, refunds, or exchanges through unauthorized sellers

LEGAL ENFORCEMENT: You hereby acknowledge that an unlawful resale of the product(s) from our Website may subject you to liability for trademark infringement, copyright infringement, unfair competition, or other causes of action. Desert Harvest reserves and will vigorously enforce any and all remedies available to it under law for the unlawful resale, distribution, or marketing of its products, including but not limited to:

Cease and desist demands
Legal action for trademark and copyright infringement
Seeking injunctive relief
Pursuing monetary damages
Reporting violations to appropriate authorities and platforms

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESERT HARVEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR USE
BUSINESS INTERRUPTION
PERSONAL INJURY OR PROPERTY DAMAGE
DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR PRODUCTS
DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
DAMAGES RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
DAMAGES FROM ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DESERT HARVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXIMUM LIABILITY: IN ANY EVENT, DESERT HARVEST'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SITE OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO DESERT HARVEST FOR PRODUCTS IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, Desert Harvest's liability shall be limited to the maximum extent permitted by law.

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

10. TYPOGRAPHICAL ERRORS AND PRICING

In the event that a Desert Harvest product is mistakenly listed at an incorrect price, Desert Harvest reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method has been charged.

Desert Harvest reserves the right to refuse or cancel any orders due to:

Pricing errors or inaccuracies
Product description errors
Availability errors
System malfunctions
Suspected fraudulent activity
Any other reason at our sole discretion

If your payment method has already been charged for a canceled order, Desert Harvest shall issue a credit or refund to your payment method in the amount of the incorrect price or charge.

PRICING AUTHORITY: Desert Harvest reserves the right to change prices, product descriptions, and product availability at any time without notice. All prices are in U.S. Dollars (USD) unless otherwise stated.

11. TERM AND TERMINATION

These Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Desert Harvest without notice at any time, for any reason, at our sole discretion.

TERMINATION BY DESERT HARVEST: We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

EFFECT OF TERMINATION: Upon termination:

All licenses and rights granted to you under these Terms will immediately cease
You must immediately cease all use of the Site
Desert Harvest may delete your account and all related information
You will remain liable for all obligations incurred prior to termination

SURVIVAL: The provisions relating to Copyrights, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, Intellectual Property Rights, Waiver, Modifications, Assignment of Rights, Governing Law and Jurisdiction, Dispute Resolution, Limited Time to File Claims, and any other provisions that by their nature should survive, shall survive any termination or expiration of these Terms.

12. NOTICE

Desert Harvest may deliver notice to you by means of:

E-mail to the address you have provided to Desert Harvest
A general notice posted on the Site
Written communication sent to the physical address you have provided to Desert Harvest
Any other reliable method of communication

You agree to provide and maintain accurate contact information. Notices sent to you via email will be deemed effective when sent to the email address you provided. It is your responsibility to keep your contact information current.

YOUR NOTICES TO US: Any notices to Desert Harvest must be sent to:

Email: info@desertharvest.com
Mail: Desert Harvest - PO Box 1148, Whitefish Montana 59937

13. WAIVER, MODIFICATIONS, AND ASSIGNMENT OF RIGHTS

WAIVER: Desert Harvest's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any term, provision, or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Desert Harvest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

MODIFICATIONS: Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. These Terms may only be modified by a written amendment signed by an authorized representative of Desert Harvest, or by Desert Harvest posting a revised version on the Site. Desert Harvest reserves the right to update, change, or replace any part of these Terms at any time.

ASSIGNMENT: Desert Harvest may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without Desert Harvest's prior written consent. Any attempted assignment in violation of this provision is void.

14. USE OF WEBSITE

By using this Site, you agree to comply with all applicable laws and regulations. You agree that you will not use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site.

PROHIBITED CONDUCT: You agree NOT to:

Harass, threaten, intimidate, or abuse any person in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language
Impersonate others, including a Desert Harvest or other licensed employee, host, or representative, as well as other members or visitors on the Site
Upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable
Upload content which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law
Use the Site to solicit others to join or become members of any other commercial online service or other organization
Upload commercial content on the Site without authorization
Use any automated means to access the Site or collect information
Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
Interfere with or disrupt the Site or servers or networks connected to the Site
Use the Site in any manner that could damage, disable, overburden, or impair the Site
Use any data mining, robots, or similar data gathering or extraction methods
Attempt to decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Site
Violate any applicable local, state, national, or international law

ACCOUNT SECURITY: If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

MONITORING: Desert Harvest reserves the right, but has no obligation, to monitor, review, or edit any content posted on the Site. We reserve the right to remove or refuse to post any content for any reason or no reason.

15. DISCLAIMER FOR REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

PERMITTED USER CONTENT: Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content:

Is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable
Does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"
Is truthful and accurate to the best of your knowledge

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content.

REVIEW POLICY: By posting reviews or comments:

You represent that you have personally used the product or service being reviewed
You agree not to post false, misleading, or deceptive reviews
You will not be compensated for posting reviews unless explicitly disclosed
You understand that Desert Harvest may remove any reviews that violate these terms

CONTENT OWNERSHIP AND LICENSE GRANT: If you do post content or submit material, and unless we indicate otherwise, you grant Desert Harvest a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, now known or hereafter developed. You grant Desert Harvest and sublicenses the right to use the name and any other identifiers that you submit in connection with such content if they choose.

REPRESENTATIONS AND WARRANTIES: You represent and warrant that:

You own or otherwise control all of the rights to the content that you post
The content is accurate and truthful
Use of the content you supply does not violate this policy and will not cause injury to any person or entity
You will indemnify Desert Harvest for all claims resulting from content you supply
You have obtained all necessary permissions and consents for any content you submit
Your content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights

MONITORING AND REMOVAL: Desert Harvest has the right but not the obligation to monitor, edit, or remove any activity or content. Desert Harvest reserves the right to remove content that violates these Terms or is otherwise objectionable at our sole discretion. Desert Harvest takes no responsibility and assumes no liability for any content posted by you or any third party.

UNSOLICITED IDEAS POLICY: Desert Harvest is pleased to hear from its customers; however, we do not accept or consider any unsolicited creative ideas, suggestions, proposals, or other materials related to products, services, marketing, or business operations unless we have specifically requested them through an official channel or have entered into a written agreement with you.

DISCLOSURE TERMS: Anything you disclose or offer to us by or through this website ("Disclosure"), including emails to Desert Harvest or postings on interactive portions of this website, shall be deemed and shall remain the property of Desert Harvest unless covered by a separate written agreement. Such Disclosure shall constitute an assignment to Desert Harvest of all worldwide rights, titles, and interests in all copyright and other intellectual property rights. Thus, Desert Harvest will exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Disclosure.

If you do submit Disclosure, you represent and warrant that:

The content is accurate and lawful
The content is not illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights or otherwise injurious to third parties
The content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"

NON-CONFIDENTIAL BASIS: Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Desert Harvest is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, developing, manufacturing, and marketing products or services using such information without any compensation to you.

RELEASE OF LIABILITY: You hereby RELEASE Desert Harvest from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to this website or Desert Harvest, you hereby grant Desert Harvest, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Desert Harvest, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, suppliers, and contractors (collectively the "Desert Harvest Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, and penalties (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from:

Your violation of these Terms
Your violation of any law or regulation
Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights
Any content you post or submit through the Site
Your use or misuse of the Site or products
Any activity related to your account, whether by you or any other person accessing your account with or without your permission
Any false, inaccurate, or misleading information provided by you
Your unauthorized resale or distribution of Desert Harvest products
Any claim that your content caused damage to a third party

This indemnification obligation will survive termination of these Terms and your use of the Site. Desert Harvest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Desert Harvest in asserting any available defenses.

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.

17. THIRD-PARTY LINKS

This Website may contain links to third-party websites, applications, or services that are not owned or controlled by Desert Harvest. Even if the third party is affiliated with Desert Harvest, Desert Harvest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services.

NO ENDORSEMENT: The inclusion of any link does not imply endorsement, approval, or recommendation by Desert Harvest of the linked site or any association with its operators. These linked sites are provided solely for your convenience, and you access them at your own risk.

SEPARATE TERMS: Third-party websites, applications, and services have separate and independent privacy policies, terms and conditions, and data collection practices. You are responsible for reviewing and complying with the terms and policies of any third-party site you visit.

NO LIABILITY: Desert Harvest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites, applications, or services.

FEEDBACK REQUESTED: Nonetheless, Desert Harvest seeks to protect the integrity of its Website and the links placed upon it and therefore requests feedback on not only its own site but for sites it links to as well (including if a specific link does not work). Please report broken links or problematic third-party sites to info@desertharvest.com.

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.

18. RETURNS POLICY

We want you to be completely satisfied with your Desert Harvest purchase. If you are unhappy with your purchase, please contact us for a Return Authorization (RA) and return shipping instructions. Returns sent without Return Authorization will not be accepted or refunded.

Contact Information:

Call: (800) 222-3901 or (406) 344-8993
Email: info@desertharvest.com

18.1 General Return Requirements

All returns require prior Return Authorization (RA)
To request RA, please contact us using the information above
Issues with your order must be reported within thirty (30) days of delivery
After 30 days, the order cannot be adjusted or returned
Products must be in their original, unopened, resalable condition (unless otherwise specified)
Refunds are issued to the original payment method in U.S. Dollars (USD) only
Shipping charges are non-refundable, including undelivered shipments returned to Desert Harvest
Customers are responsible for return shipping costs unless the product arrived damaged or defective
Desert Harvest reserves the right to deny any return that does not meet these requirements

18.2 Return Timeline

Please notify us of any issues with your order within thirty (30) days of delivery. After 30 days from the delivery date, orders cannot be adjusted, returned, or refunded for any reason.

18.3 Refund Policy

Sealed bottles of supplements: Eligible for a refund of the product price, minus shipping costs, for up to six (6) months after purchase date
Opened bottles: Not refundable under any circumstances
Refunds are less shipping costs, including undelivered shipments returned to Desert Harvest
Returns will be refunded to the original payment method/credit card charged in U.S. Dollars (USD) only
Refund processing may take 7-14 business days after we receive the returned items
Autoship customers: Will be charged a minimum $12.00 restocking fee for any items returned
Early Autoship cancellation: If you cancel your Autoship in less than three (3) orders, you will be back-charged for shipping costs

18.4 Non-Returnable, Non-Exchangeable, and Non-Refundable Items

For health, safety, hygiene, and regulatory reasons, the following items are final sale and cannot be returned, exchanged, or refunded, whether opened or unopened:

All skincare items, including but not limited to:
Wands
Towelettes
Applicators
EZMagic® Pelvic Therawands
Sexual & Pelvic Health Skincare products
CBD Capsules
Hemp Capsules
Books
Lunation® Life-Proof Underwear
Any items purchased via Amazon (see Section 18.5 below), deprecated April 2026; Desert Harvest no longer sells through Amazon.
Any products marked as "Final Sale" at the time of purchase
Opened supplement bottles
Products that show signs of use or are not in resalable condition

DEPRECATED: As of April 2026, Desert Harvest is no longer sold on Amazon. This section is retained for historical reference only and does not apply to current orders. Please order direct at desertharvest.com or from an authorized retailer.

18.5 Amazon Purchases

Items purchased through Amazon or any other third-party marketplace are non-returnable, non-exchangeable, and non-refundable (opened or unopened)
Undelivered Amazon shipments may be subject to restocking fees
Returns of products purchased through unauthorized third-party sellers will not be accepted
For issues with Amazon purchases, please contact Amazon directly

18.6 Damaged or Defective Products

If you receive a damaged or defective product:

Contact us immediately within seven (7) days of delivery
Provide photos of the damaged product and packaging
We will provide a prepaid return label if the damage occurred during shipping
Replacement products will be shipped at no charge once the damaged item is returned

18.7 Wholesale Returns

Desert Harvest does not accept any wholesale returns. Contact wholesale@desertharvest.com with any questions regarding wholesale orders.

18.8 International Returns

International customers are responsible for all return shipping costs
Returns must be sent via a trackable shipping method
Products returned from international addresses are subject to inspection upon receipt
Refunds will only be processed after the package is received back at Desert Harvest
Shipping charges are non-refundable for international orders
Desert Harvest is not responsible for customs fees, duties, or taxes on returned items

18.9 Refund Processing

Once your return is received and inspected, we will send you an email notification regarding the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within 7-14 business days.

Late or Missing Refunds: If you haven't received a refund after 14 business days, please:

Check your bank account again
Contact your credit card company (it may take time before your refund is officially posted)
Contact your bank (there is often processing time before a refund is posted)
If you've done all of this and still have not received your refund, contact us at info@desertharvest.com

18.10 Fraudulent Returns

Desert Harvest reserves the right to refuse returns or ban customers who engage in:

Excessive returns
Returns that appear fraudulent or abusive
Returning used products as unused
Wardrobing or other deceptive return practices

19. GOVERNING LAW AND JURISDICTION

GOVERNING LAW: These Terms shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

JURISDICTION AND VENUE: Subject to the Arbitration provision in Section 20, you hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Flathead County, Montana, for any legal action or proceeding arising out of or relating to these Terms or your use of the Site.

WAIVER OF JURY TRIAL: To the extent permitted by law, both you and Desert Harvest waive any right to a jury trial in any proceeding arising out of or related to these Terms.

SEVERABILITY: If any provision of these Terms shall be determined to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT: These Terms, together with any other legal notices or policies published by Desert Harvest on the Site, shall constitute the entire agreement between you and Desert Harvest concerning the Site and your use of the Site. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of Desert Harvest to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 22.

20. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION / CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

In order to expedite resolution and control the cost of disputes, you and Desert Harvest agree that any legal or equitable claim relating to the use of this Site, the purchase of any Desert Harvest product, or these Terms (referred to as a "Claim") will be resolved as follows:

20.1 Informal Resolution

MANDATORY FIRST STEP: Before filing any formal claim, you and Desert Harvest will first attempt to resolve any Claim informally. This informal dispute resolution process is a prerequisite to initiating any arbitration or court proceeding.

In the event that any dispute between Desert Harvest and you arises out of or relates to these Terms, the applicability of these Terms to the use of any Desert Harvest Site, the purchase of any Desert Harvest products from this Site, or to breach, enforcement, interpretation, or validity of these Terms, you and we agree to try to promptly resolve any such dispute informally.

NOTICE REQUIREMENT: The party raising the dispute must send a written notice describing the dispute, including:

A description of the nature and basis of the claim
The specific relief sought
Contact information

Please send written notice to:

Email: info@desertharvest.com
Mail: Desert Harvest - PO Box 1148, Whitefish Montana 59937

INFORMAL RESOLUTION PERIOD: After receiving notice, the parties agree to negotiate in good faith for thirty (30) days to attempt to resolve the dispute. If the dispute cannot be resolved within this timeframe, either party may proceed to arbitration.

20.2 Formal Resolution by Arbitration / Class Action Waiver

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT LIMITS YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION AND YOUR RIGHT TO A JURY TRIAL.

AGREEMENT TO ARBITRATE: You agree that any dispute, controversy, or claim arising out of or relating to:

These Terms
The applicability of these Terms as to the use of any Desert Harvest Site
The purchase of any Desert Harvest products from this Site
Breach, enforcement, interpretation, or validity of these Terms
The determination of the scope or applicability of this Arbitration Agreement

shall be governed solely by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and resolved exclusively through final and binding arbitration, rather than in court.

WAIVER OF RIGHTS: By agreeing to Arbitration, both you and Desert Harvest understand and agree that:

YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL
YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CASE HEARD IN COURT
YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING

All disputes shall be decided by a neutral arbitrator, not by a judge or jury. The rules in Arbitration are different from court proceedings. There is no judge or jury, discovery is limited, and review is limited. However, an arbitrator can award the same damages and relief as a court and must honor the same limitations stated in these Terms.

ARBITRATION RULES: The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") and under the rules set forth in these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

REMEDIES: You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to applicable law.

ARBITRATION FEES:

Initiation Fees: If you decide to initiate Arbitration, Desert Harvest agrees to pay the Arbitration initiation fee and any additional deposit required by JAMS to initiate your Arbitration.
Consumer Protection: If you are a consumer, you shall not be required to pay more than $250.00 of the arbitration fees or such amount as the JAMS Rules may later prescribe for consumer arbitrations.
Other Fees: All other fees, such as attorneys' fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules.

ARBITRATION LOCATION: The Arbitration will be held at a location in your hometown area (within 50 miles of your residence) if possible, unless you and Desert Harvest both agree to another location or agree to telephonic or video conference Arbitration.

20.3 Initiating Arbitration

To initiate Arbitration, you or Desert Harvest must do the following:

Write a Demand for Arbitration: The demand must include:

A description of the Claim
The amount of damages sought to be recovered
Contact information for both parties
Supporting documentation

You can find a copy of a Demand for Arbitration at www.jamsadr.com.

Send copies to JAMS: Send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee to:

Your local JAMS office, or
JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018

Send copy to other party: Send one (1) copy of the Demand for Arbitration to the other party at:

Desert Harvest - PO Box 1148, Whitefish Montana 59937

20.4 Special Rules in the Arbitration Proceeding

ARBITRATOR AUTHORITY: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. However, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.

CLASS ACTION WAIVER: NEITHER YOU NOR DESERT HARVEST SHALL BE ENTITLED TO:

Join or consolidate claims in Arbitration by or against other individuals or entities
Arbitrate any claim as a representative member of a class or in a private attorney general capacity
Participate in any consolidated or class arbitration

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION WHATSOEVER.

Each arbitration proceeding will be conducted on an individual basis only. Accordingly, you and Desert Harvest agree that the JAMS Class Action Procedures do not apply to our Arbitration.

SEVERABILITY OF ARBITRATION PROVISION: If any portion of this arbitration provision is found to be unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class, representative, or consolidated arbitration). However, if the class action waiver is found to be unenforceable, this entire arbitration provision shall be null and void.

20.5 Small Claims Court Exception

Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration if the Claim qualifies for small claims court in a location where jurisdiction and venue are proper. The Claim must remain in small claims court and may not be removed to a court of general jurisdiction.

20.6 Opt-Out Right

You have the right to opt out of this Arbitration Agreement within thirty (30) days of first accepting these Terms. To opt out, you must send a written notice to:

Email: info@desertharvest.com
Mail: Desert Harvest - PO Box 1148, Whitefish Montana 59937

Your opt-out notice must include:

Your full name
Address
Phone number
Email address
A clear statement that you wish to opt out of this Arbitration Agreement

If you opt out, all other provisions of these Terms will continue to apply, but disputes will be resolved in court rather than through arbitration.

21. LIMITED TIME TO FILE CLAIMS

STATUTE OF LIMITATIONS: YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, THESE TERMS, OR THE PURCHASE OF ANY DESERT HARVEST PRODUCT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

This means you must assert any Claim within one (1) year after the claim arises, or you will lose the right to assert that Claim. This limitation period applies to arbitration, court actions, and any other form of dispute resolution.

EXCEPTIONS: This limitation does not apply to claims that cannot be limited by law in your state of residence.

SEE SECTION 22 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 21.

22. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE

CONSUMER PROTECTION: If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Nothing in these Terms shall limit your rights under applicable consumer protection laws.

STATE-SPECIFIC PROVISIONS: If you are a consumer residing in New Jersey, California, or any other state with specific consumer protection laws, the terms of Sections 7, 8, 9, 15, 16, 17, 19, and 21 do not limit or waive your rights as a consumer under the laws of your state, and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state.

RESERVATION OF RIGHTS: In any event, Desert Harvest reserves all rights, defenses, and permissible limitations under the law of your State of residence and applicable federal law.

ARBITRATION NOT AFFECTED: Notwithstanding the foregoing, nothing in this Section shall modify Subsection 20.2 ("Formal Resolution by Arbitration/Class Action Waiver"), except to the extent that arbitration is prohibited by applicable law in your jurisdiction.

INTERNATIONAL USERS: If you are accessing the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction.

23. CONTACT INFORMATION

Desert Harvest, Inc.

Physical Address: 5020 US Highway 93 S Whitefish, MT 59937 United States

Mailing Address: PO Box 1148, Whitefish Montana 59937

Phone:

Toll-Free (U.S. & Canada): (800) 222-3901
International: (406) 344-8993

Email:

General Inquiries: info@desertharvest.com
Autoship: autoship@desertharvest.com
Wholesale: wholesale@desertharvest.com

Customer Service Hours: Monday – Friday, 8:00 AM – 4:00 PM Mountain Time (excluding U.S. holidays)

IMPORTANT DISCLAIMERS:

FDA DISCLAIMER: These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

MEDICAL DISCLAIMER: The information provided on this website is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should consult with a healthcare professional before starting any diet, exercise, or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

NO WARRANTIES: Desert Harvest makes no representations or warranties regarding the outcome of using any product. Individual results may vary.

© 1993 – 2026 Desert Harvest, Inc. All rights reserved.