Terms and Conditions

 

Last Updated: July 18, 2025

 

Agreement Between User and The Fermented Life and The Fermented Life Collective: A Create Culture Association

 

Welcome to The Fermented Life and The Fermented Life Collective: A Create Culture Association (collectively referred to as “TFL,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website, www.thefermentedlife.com (the “Site”), including any digital or physical services, goods, or communications made available through the site by either entity.

 

By accessing the Site or engaging with our services, you acknowledge and agree to be bound by these Terms. If you do not agree, please do not use the Site.

 

1. Nature of the Site and Dual Operations

 

The Fermented Life operates as a for-profit small-batch food producer offering sourdough and other baked goods, merchandise, and various food or health-related products.

 

The Fermented Life Collective: A Create Culture Association operates as a Private Membership Association (PMA) under the First and Fourteenth Amendments to the U.S. Constitution, focused on educational, spiritual, and wellness-based initiatives.

 

Participation in any PMA activities or access to certain products and services is limited to consenting members only and is not available to the general public.

 

Our platform provides members and visitors with access to a variety of offerings, including:

 

• Food and Beverage Products: wild and traditionally cultured foods and beverages, including but not limited to sourdough breads, kombucha, water kefir, fermented vegetables, and other handmade items.

• Raw Milk and Dairy Products: access to A2 cow, goat, and sheep raw milk products, distributed within private membership agreements.

• Educational Content and Services: blog articles, courses, workshops, events, recipes, wellness insights, cultural studies, and educational materials focused on fermentation, nutrition, and holistic wellness.

• Handcrafted and Handmade Goods: items produced in small batches and/or non-commercial kitchens, including artisanal, experimental, and seasonal creations.

• Membership-Based Distribution: products and services are provided within a Private Membership Association (PMA) framework, accessible only to approved members.

 

 

2. Privacy

 

Please refer to our Privacy Policy for information on how we collect, use, and safeguard your data.

 

3. Electronic Communications

 

By using the Site or contacting us electronically, you consent to receive emails, phone calls, and text messages related to your account, membership, purchases, or shares. You may opt out of non-essential communications by contacting us directly.

 

4. Your Account

 

If you create an account on the Site, you are responsible for its security and all associated activity. We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

 

5. Children Under 13

 

The Site is not intended for children under 13. If you are under 18, you may use the Site only with parental or guardian consent.

 

6. Third-Party Links and Services

 

Our Site may contain links to external websites. We are not responsible for those third parties' content, policies, or services and do not endorse them.

 

7. Intellectual Property

 

All content, including but not limited to text, recipes, photos, and product names, is the property of TFL or its licensors. You may not reproduce, modify, distribute, or commercially exploit any part of the Site without express written consent.

 

8. Permitted Use

 

You agree not to misuse the Site. This includes (but is not limited to) introducing malicious software, violating intellectual property rights, harvesting user information, or attempting unauthorized access.

 

9. Membership Services

 

By joining The Fermented Life Collective: A Create Culture Association, you acknowledge that:

 

• Access to shares (goods or services) is provided under private membership only.

• Participation is voluntary and private, not a public retail transaction.

• Products are handcrafted in non-commercial kitchens and fall outside of commercial regulation.

• You assume complete personal responsibility and waive liability for any fermented or raw milk product risk. Raw milk and raw milk products are offered only to members under our PMA structure. These products are not pasteurized, may contain naturally occurring bacteria, and carry inherent risks. By obtaining these products, you affirm that you understand the potential risks and assume full responsibility for your choices.

 

10. Member Communications & Forums

 

You agree to communicate respectfully in any community forums, comment sections, or communication services hosted on the Site. We reserve the right to moderate, remove, or restrict access to such features.

 

11. Submissions

 

TFL may use any feedback, ideas, or content you share with us for any lawful purpose, including marketing and service improvement. You will not be compensated unless explicitly agreed upon.

 

12. International Users

 

We operate from Hawaiʻi, USA. If you access the Site from outside the United States, you are responsible for compliance with local laws.

 

13. Indemnification

 

You agree to indemnify and hold harmless The Fermented Life and The Fermented Life Collective, along with their founders, agents, and affiliates, from any claims, liabilities, or damages arising from your use of the Site, your violation of these Terms, or your breach of applicable laws.

 

14. Dispute Resolution & Arbitration

 

All disputes shall be resolved via binding arbitration under the Federal Arbitration Act. Arbitration will occur in Hawaiʻi unless otherwise agreed upon. Both parties waive any right to a jury trial or to participate in a class action.

 

15. Limitation of Liability

 

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the Site or our services.

 

General Disclaimers

1. Educational Purposes Only: All content provided on this site—including blog articles, courses, recipes, wellness information, and cultural insights—is for educational and informational purposes only. Nothing on this site is intended as medical advice, diagnosis, or treatment. Consult a licensed healthcare professional before undertaking any dietary, health, or lifestyle changes.

2. Food Safety and Non-Commercial Production: Our foods and beverages are wild and traditionally cultured, handmade, and produced in non-commercial kitchens. They are not regulated, inspected, or approved by state or federal agencies. By becoming a member and/or consuming these products, you acknowledge and accept the inherent risks of traditional fermentation and raw food consumption.

3. Raw Milk and Dairy Products: Raw milk and raw milk products are available exclusively to members through our Private Membership Association. These items are unpasteurized, may naturally contain live bacteria, and carry inherent consumption risks. By choosing to receive or use these products, you acknowledge and accept those risks and agree to assume full responsibility for your personal choices.

4. No Guarantee of Outcomes: While many cultures, traditions, and scientific studies highlight the potential benefits of fermented and traditionally prepared foods, we do not guarantee specific health outcomes, results, or effects.

5. Product Variability: Because our foods and beverages are handmade, small-batch, and microbially active, variations in taste, appearance, carbonation, and texture are normal and to be expected. These variations are a hallmark of living, cultured foods.

6. Allergens and Sensitivities: Products may contain or come into contact with allergens, including but not limited to dairy, wheat, gluten, nuts, and soy. Each member or consumer is responsible for checking ingredients and using products according to their sensitivities or restrictions.

7. Third-Party Content and Links: From time to time, our website may include references, links, or content sourced from third parties. These are provided for informational purposes only; we are not responsible for the accuracy, legality, or content.

8. Private Membership Association Status: Access to products and services is provided under the protections of the First and Fourteenth Amendments through a Private Membership Association. By joining, you acknowledge that transactions occur within a private, contractual membership outside state or federal public jurisdiction. We disclaim all liability for any decisions, actions, or outcomes resulting from your use of our content, food and beverage products, wellness items, merchandise, events, private conversations or consultations, or course materials. Always consult a qualified healthcare professional before making dietary, health, or lifestyle changes.

 

16. Termination

 

We may terminate or suspend your access to the Site or services at any time without notice. Your obligations under these Terms will survive termination.

 

17. Governing Law

 

These Terms are governed by and construed under the laws of the State of Hawaiʻi, without regard to conflict-of-law principles.

 

18. Entire Agreement

 

These Terms, along with our Privacy Policy and any applicable Membership Agreement, represent the entire understanding between you and TFL and supersede prior communications or agreements.

 

19. Amendments

 

We may update these Terms at any time. Continued use of the Site constitutes acceptance of any changes. Please check this page periodically.

 

20. Contact Information

 

The Fermented Life

The Fermented Life Collective: A Create Culture Association

P.O. Box 119

Kīlauea, Hawaiʻi 96754

Email: TheFermentedLifeKauai@gmail.com

Email for PMA members: TheFermentedLifeCollective@gmail.com

Phone: 808-825-5588