Terms and Conditions
EARTHBORN PRODUCTS, INC 2022
Dietary Supplement Health and Education Act of 1994 (DSHEA)
Earthborn Products, Inc (aka “Earthborn Products”) is a business that markets and sells dietary supplements which are a type of food. Unless specifically otherwise noted, all of the information on this web site pertains only to our dietary supplements, not to any drug product. We at Earthborn Products do not market or sell our dietary supplements for the purpose of preventing, curing, treating, diagnosing or giving relief from (i.e. mitigating) any specific disease or a specific class of diseases; the law applicable to dietary supplements, The Dietary Supplement Health and Education Act of 1994 (“DSHEA”), is a 1994 statute of United States Federal legislation which defines and regulates dietary supplements does not permit us to do so and it is not our intention to do so.
Earthborn Products Does Not Provide Medical/ Healthcare Advice
The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding treatment options.
The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. Information and statements on this website regarding dietary supplements have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
You should not use the information or services on this site, or via other communication with Earthborn Products, for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. When you receive an item, carefully read all information provided including labels, warnings, and directions before use. Actual product packaging and materials may contain more and/or different information than shown on this website. You should always speak with your Healthcare Professional before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or healthcare professional regarding any interactions between any medication you’re currently taking and nutritional supplements.
Earthborn Products is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any site to which this site links (each a “Linked Site”). You are advised that other sites on the internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Earthborn Products expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.
Earthborn Products – Terms and Conditions
Welcome to Earthborn Products. This Terms and Conditions Agreement sets forth the Agreement between Earthborn Products and each user (“you” or “user” or “customer”) governing the use by you of this site. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms and Conditions Agreement. If you do not agree to the terms and conditions contained in this Terms and Conditions Agreement, you may not access or otherwise use this site. This Agreement applies to any transaction or relationship between the parties, including those related to the use of this website and/or the purchase and sale of merchandise through this website or from Earthborn Products by other means, including email, telephone, fax, live chat communication, and postings to the Earthborn Products message boards.
-Please also read our shipping and order policy and international shipping and order policy pages for further policies on Shipping and Handling, Payment Methods, the Ordering Process, our Return Policy, and more. These pages also govern the use by you of this site, and by using, accessing or ordering from this site you indicate your acceptance of all terms contained therein.
-Please also read our privacy and security policy agreement page. This page also governs the use by you of this site, and by using, accessing or ordering from this site you indicate your acceptance of all terms contained therein
-By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Earthborn Products web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Earthborn Products’ web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Earthborn Products at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. No Warranty – Disclaimer
Earthborn Products is providing this site and its contents on an “as is” basis. Earthborn Products and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Earthborn Products and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Earthborn Products and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Earthborn Products or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.
4. Limitations
In no event shall Earthborn Products or its suppliers be liable for any damages (including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of our online privacy policy, breach of these Terms and Conditions of Use, or due to business interruption) arising out of the use or inability to use the materials on Earthborn Products Internet site, Earthborn Products use of information you provide, the products sold to you, or any other claim you may have, even if Earthborn Products or a Earthborn Products authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise, because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or Inc. incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Earthborn Products’ web site could include technical, typographical, or photographic errors. Earthborn Products does not warrant that any of the materials on its web site are accurate, complete, or current. Earthborn Products may make changes to the materials contained on its web site at any time without notice. Earthborn Products does not, however, make any commitment to update the materials.
6. Links
Earthborn Products has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. Earthborn Products inclusion of any link does not imply endorsement by Earthborn Products of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
Earthborn Products may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Any reviews submitted on this website may be used for marketing purposes.
8. Governing Law
Any claim relating to the Earthborn Products’ web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
9. Order Acceptance
By placing your order on our website, you authorize us to charge your credit card for the amount calculated during your order, or as modified by us for the reasons stated below or modified as a result of your personal request. Please note that there may be certain orders that we are unable to accept, either in full or in part, and must cancel or modify. We reserve the right, at our sole discretion, to refuse, cancel or modify any order for any reason.
Some situations that may result in your order being canceled or modified include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; address inaccuracies; or problems identified by our credit and fraud avoidance group. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled by us after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
10. Customs
Earthborn Products strictly follows all international regulations regarding export to other countries. A variety of customs fees, taxes, and duties may be charged on orders sent outside of the United States, which are out of our control. Customer agrees that they are responsible for any charges incurred to obtain possession of package. Customer is advised to determine any and all fees and taxes that may be imposed to import products offered at earthbornproducts.com and agrees to be fully responsible for such fees and taxes.
If a customer fails to claim a package due to refusal to pay customs fees, we will not issue a refund even if the goods are returned to us. By the time we did receive the goods, they would have been exposed to unknown elements and would be unsellable and have to be destroyed. This is one of the reasons for our policy to NOT accept any returns or issue any refunds for international orders.
Earthborn Products strictly follows all known national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.
11. Prices & Currency
The prices displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States. If you choose to view prices in another currency using the Google Currency Converter, understand that Google is using the current exchange rate as of the same day at 7am and the price shown is only an estimate. You will still be charged in U.S. dollars and your bank or credit card company may have a different exchange rate when your account is charged. The prices displayed on this website do not include shipping and handling or sales taxes, if applicable, unless otherwise stated, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
12. Pricing or Typographical Errors
We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Earthborn Products shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will modify your order to the accurate price, may contact you for instructions, or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
13. Items for Resale
Earthborn Products reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Earthborn Products also reserves the right to prohibit sales to dealers.
14. Copyright and Trademarks
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Earthborn Products or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Earthborn Products.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Earthborn Products, is strictly prohibited.
Earthborn Products, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Earthborn Products or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
15. Information for California Residents – California Proposition 65
California’s Proposition 65 (commencing with section 25249.5 of the Health and Safety Code) requires that producers, manufacturers and retailers of certain products provide customers with special warnings for products which contain chemicals known to the state of California to cause cancer, birth defects or other reproductive harm, if the consumer is exposed to those chemicals in concentrations above certain thresholds.
Chemicals known to the State of California to cause cancer and reproductive toxicity are present in certain dietary supplements, nutritional food powders, juice beverages, common grocery items and other products sold at Earthborn Products. Some or all of the products you are ordering from Earthborn Products may contain these chemicals. These chemicals are not added to the products but are naturally occurring in many of the starting raw materials (ingredients) and/or results from the processing of these products.
Earthborn Products is committed to compliance with California Proposition 65 and to the safety of our customers. Accordingly, we provide the following warning for all products linked to this page. Read more: California Proposition 65 Warning
“PROP 65 WARNING: This product may contain one or more chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm”
By entering the Earthborn Products’ website, you verify that you have read the CA Prop 65 warning (above) and are purchasing these products from Earthborn Products with full knowledge.
16. Limitation of Liability
EARTHBORN PRODUCTS, INC AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EARTHBORN PRODUCTS, INC AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Earthborn Products and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Earthborn Products on this site.
You agree to indemnify, defend and hold harmless Earthborn Products and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
17. Applicable Law: Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choose of law rules. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for San Diego County, California, USA.
17. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
18. Entire Agreement
This Agreement constitutes the entire and only Agreement between Earthborn Products and each user of this site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.
19. Changes to Terms and Conditions Agreement
Earthborn Products may, in its sole discretion, amend this Terms and Conditions Agreement from time to time. Please check this Agreement area periodically for changes. Use of this website after any modification implies that you consent to this Agreement as modified.
20. Miscellaneous
The failure of Earthborn Products or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The “No Warranty – Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Earthborn Products and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Earthborn Products, any claim, dispute or controversy arising or concerning this website and/or this Agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held in San Diego County, California, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
If you have additional questions about or Terms and Conditions Agreement, or would like further information on this topic, please feel free to contact us at [email protected] or by phone on +1 (877) 387 0907.
