By using Eartherbs website, you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use the Eartherbs website. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions of Use prior to using the Eartherbs website. Your continued use of the Eartherbs website following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.
We reserve the right at any time to:
- Change the prices and information;
- Enhance, add to, modify or discontinue the website, or any portion of the website, at any time in our sole discretion.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, independent Distributors and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or in any way related to:
- any allegation that any materials submitted to us, transmitted to us or through the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the website or our termination of your access to the website.
UNITED STATES LAW
If you choose to access the website from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
We reserve the right, in our sole discretion, to limit the availability of the website to any person, geographic area or jurisdiction at any time.
The laws of the State of New York apply to this Agreement (without regard to New York’s conflict of law principles). Any dispute between you and us must be brought before state or federal courts located in Onandaga County, New York. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site or other Offerings and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.