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TERMS OF SERVICE

Effective Date March 11, 2019

These Terms of Service govern your use of this web-site (“site”), including all information, tools and services available from this site. They apply to all users visiting or accessing this site in any way, including the services and resource available or enabled via the site.

The terms “we”, “us”, “our” refer to Earth Medicine LTD, its Affiliates or Agents.

By visiting our site, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions (“Terms of Service”, “Terms”). This includes those additional terms, conditions and policies referenced herein and /or available via hyperlink.

You represent that:

  1. You have read, understand, and agree to form a binding contract with us.
  2. Are of legal majority age to form a binding contract with us.
  3. You have the authority to enter in to the Terms of Service personally or on behalf of a company.
  4. The data that you provide on this site will be veridical, current, and consummate.

If you do not agree to all of the Terms of this agreement, then you may not access the site or use any of its Services. We reserve the right to refuse service to anyone for any reason at any time.

Supplemental Terms

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Terms of Service.”

Access to this site and Services

By agreeing to the Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Changes to the Terms of Service

The Terms of Service are subject to change by us at our sole discretion at any time. You can review the most current version of the Terms of Service at any time at this page. It is your responsibility to check our website periodically for changes. Your continued use of our site and/or services constitutes acceptance of those changes.

Prohibited Uses

You may use this site only for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose without our prior express written consent. This includes but is not limited to: (1) co-brand/co-market this site, (2) outline this site, (3) hyperlink to this site and (4) use meta tags or other “hidden text” using our name or trademarks. For the purpose of these Terms of Services, co-brand /co-market means to display a logo, trademark, name or different assigns of attribution in such a matter is reasonably likely to give a user the impression of our product being associated to someone other than us, or that someone other than us has the right to show, publish, distribute or convey our services. You agree to coordinate with our Company to cease any of these activities immediately.

You are prohibited from posting, sending, submitting, publishing or using in connection with this site and its Services any material:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of a third-party;
  • that is vulgar, obscene, pornographic, or indecent;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Proprietary Information

The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. In like manner, the Content may not be duplicated, appropriated, republished, transferred, posted, or transmitted in any capacity without the prior written consent of our Company, or unless authorized somewhere else on our site, except that you may print out a copy of the Content exclusively for your utilization. In doing as such, you may not extract or change, or cause to be altered or adjusted, any copyright, trademark, trade name, logos, or other restrictive notice or legend that is appearing on any of the Content. Alteration or use of the Content except as expressly given in these Terms of Use violates our Company’s intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this site.

Third-party Links

Certain content, products and services available via our Service may include materials from third-parties. Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing such sites. You access these sites at your own risk. We do not warrant the sites, nor their content, completeness, or accuracy. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Furthermore, the inclusion of a link to a third-party site does not imply our endorsement of that site.

Disclaimers:

Accuracy, Completeness, and Timeliness of Information

We do not warrant or make any representation regarding the information made available on this site in terms of accuracy, completeness or being most current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Content may include technical inaccuracies or typographical errors and we reserve the right to modify it at any time, but we have no obligation to update any information on our site. Any reliance on the material on this site is at your own risk. You agree that it is your responsibility to monitor changes to our site.

Service, Products and Information

We dot guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite period of time or cancel the Service at any time, without notice to you. You understand that we do not guarantee, represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. You use the Internet and this site at your own risk.

Your use of the Service and all products and services delivered to you through the Service are provided As Is and As Available for your use, without any representation, warranties of any kind, either express, implied, or statutory, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement (except as expressly stated by us). Your use of the site, and the Services and products provided is at your own risk.

We are not liable for any direct or indirect damages caused in any way by the use of information, products, or services on this site. This applies to any injury or damages which may be perceived by you, the site user, to be caused by the information, products, services, or by using this site. We are not liable for any improper or incorrect use of the Service, products or information provided by or purchased through this site and its services.

We reserve the right to refuse any order you place with us. We may, at our discretion discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit, prohibit, or cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made through our site and services. You agree to update your account and other information, including your email address and credit card numbers and expiration dates in a timely manner, so that we can complete your transactions and contact you as needed.

Returns & Exchanges

Please see our Returns and Exchanges Policy for details about returns, exchanges, and refunds.

Personal Information

Please see our Privacy Policy for additional terms that govern your use of this site, the information you provide and how that information is used.

Health

Statements on this site, its content or products have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products and content on the site are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products. We suggest you consult with a physician before taking any health or dietary supplements.

Submissions

By making a submission through this site, its Services or other methods, you grant us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to use your submission in part in whole as we see fit. Submissions include, but are not limited to, creative ideas, suggestions, proposals, plans, or other materials, remarks, graphics or other information. We may, at any time, and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium your submission in part or in whole. We are and shall be under no obligation to maintain any submission in confidence or to pay compensation for any submission. We may, but have no obligation to, monitor, remove or edit submitted content that we determine are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You represent and warrant that you own or control all of the rights of any submission. You represent and warrant that you will not mislead us or third-parties as to the origin of any submission, either by false e-mail address, pretending to be someone other than yourself, or otherwise misrepresenting the origin of any submission. You are solely responsible for any submission you make and its accuracy. We take no responsibility and assume no liability for any submission by you or any third-party. We will treat any personal information that you submit through this site in accordance with our Privacy Policy as set forth on this site.

Sales Tax or other Withholding Tax

Our fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms of Service are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Limitations of Liability

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection the terms, or from any communications, interactions or meetings with other users of company properties, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In no event will the collective liability of us and our company parties, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the lesser of $100 or the amount you have paid to the Company for the applicable content, product or service out of which liability arose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnification

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from loss, damages, judgements, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) resulting from any breach of these Terms of Use by you, or any use of Content or products other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting Losses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third-parties arising out of your use of the information accessed from this site. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to Company Properties.

Severability

If any provision in these Terms of Service is invalid and unenforceable in the jurisdiction whose law is applied or in any particular context, then, to the fullest extent permitted by law, (a) the other provisions shall remain in full force and effect in such jurisdiction or (b) the invalidity or unenforceability of any provision in that jurisdiction or context shall not affect the validity or enforceability of such provision in any other jurisdiction.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. These Terms of Service supersede any prior or contemporaneous agreements or communications, oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Governing Law

These Terms of Service and any separate agreements whereby we provide you shall be governed and interpreted pursuant to the laws of Manchester, United Kingdom, notwithstanding any principles of conflicts of law. You agree that it is your responsibility to determine whether accessing this site and purchasing our products are legal where you are. You are responsible for compliance with all applicable laws, rules, regulations and treaties. You access this site, its Services and purchase our products at your own risk.

How to contact us

If you have any questions, comments, or concerns regarding our Terms of Service or would like to contact for another reason, you can so by contacting us on our website.