Terms of Service

Last Updated: August 19, 2026

This website is operated by EverCreative LLC, doing business as The Berkey ("The Berkey," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of theberkey.com (the "Site"), including purchases made through the Site and the services, information, features, and content we make available through it (collectively, the "Service").

By accessing the Site, using the Service, or purchasing a product from us, you agree to these Terms and to the policies referenced in them. If you do not agree to these Terms, please do not use the Site or Service.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer products and services to you.

1. Online Store Terms

By using this Site, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given permission for your minor dependents to use the Site under your supervision.

You may not use the Site, Service, or our products for any unlawful or unauthorized purpose, or use the Service in violation of applicable laws or regulations.

You must not transmit viruses, malware, worms, or other code designed to damage, disrupt, or interfere with the Site, Service, or another person's systems or data.

We may suspend or terminate access to the Service for a material violation of these Terms.

2. General Conditions

We reserve the right to refuse or limit service or orders where reasonably necessary, including in cases of suspected fraud, unauthorized resale, abuse of the Site or Service, violation of these Terms, product availability, regulatory restrictions, or other legitimate business reasons, subject to applicable law.

You may not reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of the Site or Service without our prior written permission, except as permitted by applicable law.

Headings in these Terms are provided for convenience and do not affect their interpretation.

3. Information on This Site

We make reasonable efforts to provide accurate and current information. However, information on the Site may occasionally contain errors, omissions, or outdated information.

Product specifications, availability, descriptions, pricing, promotions, shipping information, and other Site content may be changed or corrected as appropriate.

Historical or educational content may be provided for general reference and may not reflect the most current information available.

Nothing in this section limits obligations we may have under applicable law regarding representations about products or services.

4. Products, Availability & Pricing

Products may be available exclusively online and may be offered in limited quantities.

Prices, product availability, specifications, and product offerings are subject to change without notice. We may discontinue a product at any time.

We make reasonable efforts to display product images and colors accurately, but the appearance of products may vary depending on your device, display settings, lighting, and other factors.

We reserve the right to limit product sales based on inventory availability, geographic or regulatory restrictions, suspected unauthorized resale, or other legitimate business considerations.

Certain Berkey® products are not available for sale in some jurisdictions, including California and Iowa. Product availability shown on the Site is subject to applicable regulatory requirements.

5. Orders & Payment

We reserve the right to accept, decline, limit, or cancel an order as reasonably necessary, including due to product availability, pricing or listing errors, suspected fraud, payment issues, regulatory restrictions, or suspected unauthorized resale.

If we cancel an order after payment has been collected, we will issue an appropriate refund for the canceled portion of the order.

We may limit quantities purchased per person, household, customer account, payment method, billing address, or shipping address.

You agree to provide current, complete, and accurate billing, shipping, contact, and account information when placing an order. You are responsible for promptly updating information necessary for us to process your transaction and communicate with you regarding your order.

6. Shipping, Cancellations, Returns & Warranty

Shipping, order cancellations, returns, replacements, refunds, and applicable warranty matters are governed by our Shipping, Returns & Warranty Policy, which is incorporated into these Terms by reference.

Our normal processing and ship-out timeframe is 3–7 business days after an order has been paid in full. Carrier transit time is separate from our processing and ship-out timeframe.

We offer free shipping on qualifying orders over $199 within the contiguous United States, subject to the terms stated in our Shipping, Returns & Warranty Policy.

We do not accept returns or exchanges solely due to a change of mind, buyer's remorse, personal preference, or ordering the wrong product, size, or model.

If an item arrives damaged or defective, an item is missing from your order, or we ship an incorrect item, you may qualify for a replacement or refund under our Shipping, Returns & Warranty Policy.

Nothing in these Terms or our policies limits consumer rights or remedies that cannot be waived under applicable law.

7. Optional and Third-Party Tools

The Site may provide access to tools, applications, features, or services provided by third parties.

We do not necessarily control third-party tools or services and cannot guarantee their availability, performance, accuracy, or continued operation.

Your use of third-party tools or services may also be governed by the applicable third party's terms and privacy practices. You should review those terms before using such services.

8. Third-Party Links

The Site may contain links to websites, resources, products, or services operated by third parties.

Unless otherwise stated, a link to a third-party website does not mean that we control or endorse that website or its content.

We are not responsible for the content, availability, privacy practices, products, services, or transactions offered by third-party websites. Please review the applicable third party's terms and policies before engaging in a transaction with them.

9. Reviews, Comments & Other Submissions

If you submit reviews, comments, feedback, suggestions, photographs, or other content to us ("User Content"), you represent that you have the right to submit that content and that your submission does not violate the rights of another person or applicable law.

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute User Content you voluntarily submit to us for purposes related to operating, promoting, and improving our business, Site, products, and services, subject to applicable law.

You remain responsible for the accuracy and legality of your User Content.

We may moderate or remove User Content that we reasonably determine is unlawful, fraudulent, abusive, defamatory, obscene, misleading, infringing, or otherwise violates these Terms.

10. Personal Information & Privacy

Our collection and use of personal information are described in our Privacy Policy.

Please review the Privacy Policy for information about the types of information we collect, how information may be used or disclosed, cookies and similar technologies, and privacy choices that may be available to you.

11. Errors, Inaccuracies & Omissions

Occasionally, information on the Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, shipping charges, transit times, or product availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information as appropriate.

If an error materially affects an order you have already submitted, we may contact you regarding the error and, where appropriate, provide available options, including cancellation and refund of the affected portion of the order.

Nothing in this section limits rights or obligations arising under applicable law.

12. Prohibited Uses

You may not use the Site, Service, or content:

• for an unlawful or fraudulent purpose;
• to violate applicable laws, regulations, or the rights of another person;
• to infringe intellectual property, privacy, publicity, or other proprietary rights;
• to submit false, deceptive, defamatory, abusive, threatening, obscene, or unlawful content;
• to transmit malware, viruses, or other harmful code;
• to attempt unauthorized access to the Site, accounts, servers, networks, or systems;
• to interfere with or circumvent security or technical measures;
• to collect personal information about others unlawfully;
• to send spam, phishing communications, or other unauthorized solicitations; or
• to use automated systems to access or extract Site content in a manner that violates applicable law, these Terms, or materially interferes with operation of the Site.

We may restrict or terminate access to the Service for violations of this section.

13. Intellectual Property

Unless otherwise indicated, the Site and its content—including text, graphics, photographs, page designs, logos, icons, videos, and other materials—are owned by or licensed to The Berkey and are protected by applicable intellectual property laws.

Berkey® and other product names, trademarks, and logos appearing on the Site may be trademarks of their respective owners. Use of third-party trademarks does not transfer ownership of those marks to The Berkey.

You may use the Site for personal, non-commercial purposes. No other license or right to our content or intellectual property is granted except as expressly stated in these Terms or permitted by applicable law.

14. Disclaimer Regarding the Website & Service

We do not guarantee that access to the Site or Service will always be uninterrupted, timely, secure, or error-free. From time to time, the Site or portions of the Service may be unavailable due to maintenance, technical issues, third-party service interruptions, or circumstances beyond our reasonable control.

To the maximum extent permitted by applicable law, the Site and online Service are provided on an "as available" basis.

This section concerns the Site and online Service and does not eliminate or modify any express product warranty, manufacturer's warranty, or consumer right that applies to a product purchased from us.

15. Limitation of Liability

To the maximum extent permitted by applicable law, EverCreative LLC, The Berkey, and their officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of or inability to use the Site or Service.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the applicable exclusions or limitations will apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability or consumer rights that cannot legally be excluded or limited.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless EverCreative LLC, doing business as The Berkey, and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, and reasonable costs arising from your unlawful use of the Site or Service, your material violation of these Terms, or your violation of another person's rights.

17. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed to the minimum extent necessary. The remaining provisions will continue in full force and effect.

18. Termination

You may stop using the Site or Service at any time.

We may suspend or terminate your access to the Site or Service if we reasonably believe you have materially violated these Terms, engaged in fraud or unlawful activity, or created a security risk.

Provisions that by their nature should survive termination will remain effective after termination, including provisions concerning intellectual property, liability, indemnification, and dispute-related matters.

19. Entire Agreement

These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement between you and us concerning your use of the Site and Service.

If a specific policy provision applicable to your purchase conflicts with a general provision of these Terms, the more specific provision will govern that matter, subject to applicable law.

20. Governing Law

These Terms and your use of the Site and Service will be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent that the laws of another jurisdiction apply and cannot lawfully be waived.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, Site, services, policies, or applicable requirements.

The most current version will be posted on this page with an updated "Last Updated" date.

Your continued use of the Site after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

22. Contact Information

Questions about these Terms of Service may be sent to:

EverCreative LLC, doing business as The Berkey
450 S. Orange Avenue, 3rd Floor
Orlando, FL 32801
United States

Phone: (888) 899-3903
Email: support(@)theberkey.com