DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
By using the Eartherbs website, you expressly agree that:
The Eartherbs website is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose.
We do not make any warranty that (a) the Eartherbs website will meet your requirements; (b) the Eartherbs website will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Eartherbs website will be accurate or reliable; or (d) any errors in the Eartherbs website will be corrected.
Your use of the Eartherbs website is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Eartherbs website. We may not be held liable for any damages or harm attributable to viruses or other destructive materials.
We make no representations or warranties regarding independent distributor web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any independent distributor web sites.
The Company must approve any additional warranties in writing.
You agree not to hold us, our officers, directors, employees, agents, designees, representatives, independent distributors, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from:
- your inability to access your registration data at any time;
- your participation as an Eartherbs Independent Distributor;
- your use or inability to use the Eartherbs website or your purchase;
- unauthorized access to or alteration of your transmissions or data; or
- the acts of any third party related to the Eartherbs website.
You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
EARTHERBS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE EARTHERBS WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. EARTHERBS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. EARTHERBS MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS, INFORMATION AND/OR SERVICES DESCRIBED IN THE EARTHERBS WEBSITES AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EARTHERBS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, DIRECT OR INDIRECT LOSSES OR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE EARTHERBS WEBSITE, EVEN IF EARTHERBS OR AN EARTHERBS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EARTHERBS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS WEBSITE.
HYPERLINKS TO OR FROM OTHER SITES
Eartherbs is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the Eartherbs website. Eartherbs explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Eartherbs website from such third parties. Eartherbs cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Eartherbs website, since these third-party sites are owned and operated by independent retailers. Eartherbs do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. Eartherbs do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.