Terms & Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
EarthKind, LLC, a Delaware limited liability company, d/b/a EarthKind (“EarthKind” and/or “us,” “we,” “our” or terms of similar import) maintains this website (https://www.earthkind.com/) (the “Site”) as a service to our customers, and by using the Site you are agreeing to comply with and be bound by the terms and conditions of use set forth below (collectively, the “Terms and Conditions”). Please review the Terms and Conditions carefully and check them periodically for changes. If you do not agree to the Terms and Conditions, you should not review information or obtain goods, services, or products from this site.
- ACCEPTANCE – You agree to the Terms and Conditions with respect to your use of the Site. These Terms and Conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of these Terms and Conditions. These Terms and Conditions may be amended by us at any time and from time to time without any notice to you. The most recent and active version of these Terms and Conditions will be posted on the Site, and you should review the same prior to using the Site.
- COPYRIGHT – The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights including, but not limited to, intellectual property rights, and are the sole and exclusive property of EarthKind. The copying, redistribution, use or publication by you of any such material or any part of the Site, except as allowed by Section 4 hereof, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials utilized or viewed through your interaction with the Site. The posting of information or materials on the Site does not constitute a waiver of any of our rights in such information and materials.
- FRAUD – By creating an account through the Site, you confirm that the information provided is true and that you agree to abide by these Terms and Conditions. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided to EarthKind, the Terms and Conditions have been violated, or other abuses have occurred as determined by Branch Basics in its sole and absolute discretion.
- LIMITED RIGHT TO USE – The viewing, printing, or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale, redistribution, or any other commercial use).
- EDITING, DELETING AND MODIFICATION – We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Site, including these Terms and Conditions, without further notice to users of the Site.
- NONTRANSFERABLE – Your right to use the Site is not transferable. Any password or rights given to you to obtain information or documents from the Site is not transferable and may only be used by you.
- PAYMENTS – You represent and warrant that if you are purchasing something from us that (a) any credit card information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. We do not accept reseller or sales and use tax exemption certificates for online sales.
- LINKS TO OTHER WEBSITES – The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on or by such websites, and such sites are not investigated, monitored, or checked for accuracy or completeness by EarthKind. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked site by EarthKind. If you decide to leave our Site and access any such third-party site, you do so at your own risk.
- SUBMISSIONS – All suggestions, ideas, notes, concepts, product reviews and/or other information you may from time to time send or otherwise provide to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidentiality on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- RETURN POLICY – Our Return Policy is a part of these Terms and Conditions.
- VERIFICATION – If you create an account on the Site, we reserve the right to contact you via email to verify the accuracy of your account information (including your correct name and address) that is needed to provide you with any information you might request from EarthKind.
- ORDER MODIFICATION/REJECTION – EarthKind reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address provided at check out. If your credit card has already been charged and any portion of your order is rejected, we will issue a credit to your credit card account for the amount rejected.