The Terms of this agreement between you and Earth to Momma grants you a limited, non-exclusive, non-transferable, revocable license to both use and access this Site for your own personal and non-commercial use only. Unless Earth to Momma has explicitly permitted you rights in advance and in writing, you may not disassemble, reproduce, reverse-engineer, distribute, modify, display, translate, sell, lease, create derivative works from, transmit, decompile, or otherwise exploit this Site or any portion of it. You agree and understand that none of the information provided on this Site can be used for either commercial use or any other business use unless permitted by Earth to Momma in advance and in writing. You agree and understand that Earth to Momma reserves the right to terminate accounts, refuse service, and/or cancel any orders at its discretion, including and without any limitations, if Earth to Momma believes that any of the customer conduct can be or is in violation to any applicable law or may be harmful to the interests of Earth to Momma. Additionally, you acknowledge and agree that any and all discount code usage for any of our Products ("Products") and/or subscription is for new customers only - meaning one code per customer and/or per household - unless otherwise noted by Earth to Momma. You understand and acknowledge that Earth to Momma has the right to either permanently or temporarily discontinue and/or modify these Services or any part of it with or without any prior notice. You further acknowledge and agree that Earth to Momma will not be held liable to either you or any other third party for any discontinuation and/or any modification of these Services.
These Services allow our users to receive Boxes ("Boxes") or send Boxes in the form of a gift as well as purchase Products from this Site. Boxes can include full-size products, product information, coupons, offers, and other information. Users can elect to participate in the Earth to Momma community by receiving newsletters that contain either information or offers, or by reviewing Products and/or Boxes. However, you understand and acknowledge that we make no guarantees that you will either receive a particular product in a Box and/or that certain Products will be made available. Please note that it is your responsibility to review all of the ingredients for each Product in order to avoid potential allergic reaction or any other side effect. It is important to note that none of the Products within the Boxes and/or on this Site are manufactured by Earth to Momma, but rather by Earth to Momma suppliers. Returns and/or exchanges are not permitted due to safety precautions. Please do not hesitate to contact us at email@example.com if you have received an item you have questions, concerns, or complaints about.
You understand and acknowledge that the receipt of an email order confirmation or order number does not constitute a confirmation of an order to sell or the acceptance of an order. Earth to Momma reserves the right to refuse Services to any customer and/or to limit the order quantity on an item with or without prior notification. Additionally, prior to the acceptance of any order, information may be required to be verified. You acknowledge and understand that both the availability and the price of Products on this Site are subject to change without notice. Additionally, it may be possible that certain information may contain, as it pertains to pricing - typographical - or other inaccuracies or errors. You acknowledge and understand that when discovered, errors will be corrected without any liability to Earth to Momma, and that Earth to Momma reserves the right to revoke any stated offer and to correct any inaccuracies, errors, or omissions - which can include any time after an order has been submitted.
You understand and acknowledge that you bear sole responsibility for all information, reviews, data, blog comments or posts, sound, text, music, software, graphics, photographs, video messages, or other materials (hereinafter "content") that you upload, email, post, publish, or display (hereinafter "post") or otherwise transmit or use via these Services. Earth to Momma reserves the right to take any appropriate legal action against any individual(s) who - according to Earth to Momma's discretion - violates this provision, which may include without any limitation, the removal of the content that is offensive from this Site, terminating or suspending the account of such violators, and also reporting to the appropriate law enforcement authorities. You shall not distribute, upload, or otherwise publish through this Site any information, Content, or other material that; (a) is pornographic, libelous, indecent, threatening, obscene, defamatory, or could give rise to any criminal or civil liability under the U.S. or international law; (b) includes any Trojan horses, bugs, trap doors, viruses, worms, or other harmful code or properties; or (c) infringes or violates copyrights, trade secrets, patents, service marks, trademarks, or the proprietary rights of any person(s). Please note that the Content provided on this Site is solely for informational purposes. As such, any and all submissions or opinions that may be expressed on this Site are only that of the individual(s) expressing such opinions or submissions and may not reflect the opinions of Earth to Momma. Additionally, any and all product representations expressed on this Site are not made by Earth to Momma.
You acknowledge that Earth to Momma does not claim any ownership of any materials you decide to make available through this Site. You further acknowledge that you are the sole responsible party for the Content and any other materials you Post on this Site, or transmit to, or share with any other user(s) or recipient(s). You acknowledge and agree that you will not Post any Content that you do not own all the rights to, title and interest in, or that you did not create. In regards to any materials you submit or make available for inclusion on this Site, you grant Earth to Momma a perpetual, non-terminable, irrevocable, worldwide, royalty-free, and non-exclusive license to use, sublicense, copy, create derivative works, store, modify, distribute, and publicly display such materials or any part of such materials. You further acknowledge and agree that any materials you provide are non-confidential and Earth to Momma will be allowed and entitled to use any of the Content you may have submitted without having to incur any obligations related to compensation, attribution, or confidentiality. You further acknowledge and agree that Earth to Momma has the right to preserve Content and also disclose any Content if so required by law, or in good faith believe that such disclosure or preservation is reasonably necessary to: (a) protect the property, rights, or personal safety of Earth to Momma, its users, and the public; (b) comply with applicable laws or government requests; (c) respond to claims that any Content violates the rights of third parties; and (d) enforce these Terms and Conditions.
Earth to Momma respects the trademark and intellectual property of others, and we also ask that our users do the same. If at any time you believe any Content or material on this Site is infringing your copyright or any other intellectual property rights, please notify us of your copyright infringement claim with the below listed procedure:
Email us at firstname.lastname@example.org. To be effective, please make sure to include in your email the following information (DMCA, 17 U.S.C. §512(c)(3)): (a) the electronic or physical signature of the authorized party able to act on behalf of the owner claiming the alleged infringement; (b) a clear description of the copyright work or any other intellectual property that has claimed to have been infringed; (c) a clear description of where on this Site or Services the material that has been claimed to have been infringed; (d) contact information which includes address, telephone number, and email address; (e) a statement of goof faith belief that that the disputed use that the material under copyright protection or intellectual property is unauthorized by the owner, its agent, or the law; and (f) a statement with the understanding that it is made under the penalty of perjury, confirming that the information submitted in the notice is factual and accurate and it is done with the consent of an authority to act on behalf of the copyright or intellectual property owner.
Earth to Momma makes no claim or representation, and accepts no responsibility regarding the nature, reliability, and/or quality of the sites that may be accessible by hyperlinks from this Site, or websites linking to this Site.
Earth to Momma does not intend for the information and/or any data that is contained within this Site or is provided via any other channels, which includes but is not limited to email and phone, to be both reliable and accurate. However, since the data and information have been compiled from a variety of sources, it is provided "AS IS". You expressly understand and agree that your use of this Site is solely at your own risk. Earth to Momma expressly disclaims all warranties and/or conditions, expressed or implied, as to any and all matter(s) that may be relating to or referenced by this Site - which includes but is not limited to - stated or implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. You further acknowledge and understand that Earth to Momma is not the manufacturer of Product(s) purchased by you , and as result, any and all warranties are done so by the manufacturer and not Earth to Momma or any of its Affiliates. You understand and acknowledge that by using the Product(s), you are solely relying on the manufacturer's specifications. As a result, you are not relying on any specifications, statements, photographs, or any other illustrations representing the Products that may be provided by either Earth to Momma or its Affiliates. You willingly and expressly waive any and all claim that you may have against Earth to Momma or its Affiliates that may be based on product liability, infringement, or alleged infringement of copyright, trade secret, patent, or other intellectual property rights (each a "Claim") with respect to any Product and also waive any right to indemnification from Earth to Momma or its Affiliates against any such Claim made against you by a third party. You also acknowledge and agree that no employee of Earth to Momma or its Affiliates is authorized to make any representation or warranty on behalf of Earth to Momma or its Affiliates that is not in these Terms.
In no event shall Earth to Momma or its third parties, officers, affiliates, directors, distributors, employees, subsidiaries, agents, or successors provide information on this Site or via other channels, which includes but is not limited to email and phone, be liable to any user of this Site or any other person or entity for any punitive, direct, incidental, indirect, special, consequential, or exemplary damages - which includes but is not limited to damages for loss of data, loss of use, or loss of profits - arise out of the use or inability to use this Site or any information that might be contained thereon, whether based upon warranty, tort, contract, or otherwise even if Earth to Momma has been advised of or should have known the possibility of such damages or losses. You understand that in no event shall the total liability of Earth to Momma or its third parties, officers, affiliates, directors, distributors, employees, subsidiaries, agents, or successors providing information on this Site to you for all losses, damages, and cause of action resulting from your use of this Site, whether in tort, which includes but is not limited to negligence, contract or otherwise, exceed the amount you paid to Earth to Momma in connection to the event giving rise to such liability. You further acknowledge and agree that the preceding paragraph shall apply to all merchandise, Content, and Services available through this Site or other channels. Given that some states do not allow for the exclusion or limitation of liability for incidental or consequential damages, in such states will be limited to the fullest extent that is permittable by law. This website is operated by Earth to Momma from its office in Penn Valley, CA. Earth to Momma makes no claim or representation that the information on this Site is available or appropriate for use in other locations, and access to this Site from territories where the content of this Site may be illegal is prohibited. For any individual(s) that chooses to access this Site from a location that is prohibited does so with their own initiative and as such are responsible for compliance with any and all applicable local laws. The use of this Site constitutes acceptance of our Terms. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Any risk of loss and/or title for merchandise that is purchased by you is passed to you upon Earth to Momma's delivery of the items to the carrier.
We truly value your business. However, should you choose to cancel your subscription please note that it must be done before the 11th of the month to avoid getting billed for the next month. Please contact us by the 8th of the month at email@example.com in order to cancel your subscription. Please note that any subscription on a longer billing cycle than monthly can only be cancelled after the initial prepaid term has been completed. We are not able to cancel multi-month subscriptions mid-term.
You acknowledge and understand that Earth to Momma does not accept any returns of Boxes.
You acknowledge and agree that additional terms ("Additional Terms") and conditions may apply to sweepstakes, contests, specific products, orders, or the use of certain portions of this Site, which may include shipping, ordering, return policies, and membership reward programs, in which the Additional Terms are made part of these Terms by reference. If there were ever to arise any conflict between these Terms and the Additional Terms, the Additional Terms shall control.
These Terms and Conditions, any sale of Product(s), any statements of work, and the Services hereunder shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflict of law. Any litigation, enforcement of litigation, or arbitration will be held exclusively in Nevada County, California and Member consents to the jurisdiction of the State and Federal courts located herein, submits to the jurisdiction thereof and as a result also waives the right to change the venue. Moreover, Customer does further consent to the exercise of personal jurisdiction by any such court and with respect to any such proceeding. With the exception of non-payment, both parties agree that neither party may institute any action that may arise in any form out of these Terms more than one (1) year after the cause of action has arisen.