Terms & Conditions
AGREEMENT BETWEEN USER AND EARTHVIBES.COM
Welcome to earthvibes.com. The earthvibes.com website (the "Site") is comprised of various web pages operated by earthvibes.com. earthvibes.com (“Earth Vibes”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Earth Vibes constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
ELECTRONIC COMMUNICATIONS
Visiting Earth Vibes or sending emails to Earth Vibes constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Earth Vibes is not responsible for third party access to your account that results from theft or misappropriation of your account. Earth Vibes and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Earth Vibes does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Earth Vibes only with permission of a parent or guardian.
PROHIBITED ACTS
You are granted a non-exclusive, non-transferable, revocable license to access and use Earth Vibes strictly in accordance with these Terms and Conditions. By using this Site, you represent, warrant and covenant that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or to send chain letters or pyramid schemes via this site or (c) attempt to gain unauthorized access to other computer systems through this site; (d) transmit any viruses or any other disabling mechanisms; (e) use this site for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of this site, or obtain or bypass others’ passwords. You agree that you will not use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Earth Vibes or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Earth Vibes’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Earth Vibes and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Earth Vibes or our licensors except as expressly authorized by these Terms.
TESTIMONIALS
If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to us, including, without limitation, a Submission about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission has been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Earth Vibes from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Earth Vibes’ content accessed through Earth Vibes in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Earth Vibes, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Earth Vibes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Earth Vibes in asserting any available defenses.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Earth Vibes AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
Earth Vibes AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Earth Vibes AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Earth Vibes AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Earth Vibes OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
earthvibes.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and earthvibes.com as a result of this agreement or use of the Site. Earth Vibes’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Earth Vibes’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Earth Vibes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Earth Vibes with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Earth Vibes with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGE TO TERMS
Earth Vibes reserves the right, in its sole discretion, to change the Terms under which Earth Vibes is offered. The most current version of the Terms will supersede all previous versions. Earth Vibes encourages you to periodically review the Terms to stay informed of our updates.
Returns & Refund Policy
Return Conditions
For online purchases, we will accept merchandise in its original condition for a refund of the purchase price when accompanied by the original invoice.
Full-price merchandise must be returned within 30 days from the date of shipping to Earth Vibes. Likewise, all PayPal purchases must be returned exclusively to Earth Vibes.
Beauty products may be returned if unopened and in the original packaging within 30 days from the date of delivery.
Merchandise that has been used, altered or damaged will not be accepted. At our sole discretion, we reserve the right to refuse the return of any merchandise that does not meet the above return requirements.
Merchandise returned to Earth Vibes will be processed within 7-10 business days of receipt. A confirmation email will be sent to you once your account has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note that the original shipping charges incurred at the time of purchase are non-refundable.
Return Guidelines
We recommend shipping returned merchandise via UPS for tracking purposes. We will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, mishandled, or damaged.
Exchanges
Earth Vibes cannot accommodate automatic exchanges at this time. Please return the original item you wish to exchange using the applicable conditions or guidelines above for the exchange item. Please note that exchange orders are subject to product availability. We will inform you if we are unable to fulfill your order. Please be sure to include the RMA# provided by Earth Vibes on the outside of the box as well as the inside.
Refunds
Once we verify the purchase of the items in your return we will accept the return and process the refund. Verifying the items is expected to take 3 to 5 business days.
The refund will be issued as soon as possible after the return has been accepted, directly to the Credit/Debit Card or PayPal account used for the original purchase and in the same currency.
We estimate you will see the credit in your account approximately one week from when we request the refund, this will depend however on the time required for banking procedures.
You will receive an email confirming the credit has been successfully issued and the total refunded sum, which will correspond to the full price of the items returned.
Should you have any questions or require assistance with your refund, please do not hesitate to contact our Customer Care.
Shipping and Delivery
Purchases may not be shipped to P.O. boxes, APO/FPO addresses or to any address outside of the continental United States, Alaska, Hawaii or Puerto Rico. In addition, Earth Vibes cannot be held responsible for unanticipated delivery delays beyond our control.
Changes/Cancellations
If you wish to cancel or modify your order, please send an email as soon as possible to info@earthvibes.com. We will make every effort to accommodate your request. However, once an order has been submitted we cannot guarantee that the purchase can be cancelled or modified. Once you have received your online order, please refer to our return instructions included with your shipment. If you would like to purchase a different product, please visit our website or contact an Earth Vibes online personal shopper via email at info@earthvibes.com