Earthy Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Website is only for the use of individuals who are 19 years of age and over. By proceeding to use this Website, you represent that you are 19 years of age or older.
The following terms and conditions govern your use of the websites owned by Earthy. These websites, which include www.earthydose.ca and www.earthydose.com (hereinafter collectively referred to as the “Earthy Websites”), are owned by Earthy.
Earthy reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on Earthy Websites, and you are advised to review Earthy Websites regularly for any changes. These Terms and Conditions of Use were last updated on October 09, 2020. In any event, you agree that by accessing and using an Earthy Website you are bound by these terms and conditions as may be changed from time to time.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the “Materials”) contained in Earthy Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, Earthy and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of Earthy.
Certain names, words, phrases, logos, marks, graphics and designs or other content that appear on Earthy Websites (including “Earthy”, “Earthy Dose” and related words and logos) are official marks, trade-marks or trade names of Earthy in Canada. Earthy is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an Earthy Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the marks or names or any other intellectual property right of Earthy. The names of other companies, products and services referred to on an Earthy Website may be trade-marks or trade names of their respective owners. Any use of the trade-marks or trade names of Earthy or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use Earthy Websites and Materials for lawful purposes only and in a manner consistent with local, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an Earthy Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing Earthy Website illegal, are not authorized to use Earthy Website.
USE AND RESTRICTIONS
You are only permitted to use an Earthy Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an Earthy Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in Earthy’s sole discretion) an unreasonable or disproportionately large load on Earthy’s infrastructure;
- interfere or attempt to interfere with the proper working of an Earthy Website, or any activities conducted on or with an Earthy Website;
- bypass any measures Earthy may use to prevent or restrict access to Earthy Websites.
USER NAMES AND PASSWORDS
If a feature of an Earthy Website is accessible only by use of a login name and password, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Earthy representative.
All login names and passwords remain the property of Earthy, and may be cancelled or suspended at any time by Earthy without any notice or liability to you or any other person. Earthy is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Earthy of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
If you choose to register with Earthy for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on Earthy Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link (including hyperlinks, buttons or referral devices of any kind) used on an Earthy Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an Earthy Website does not constitute an endorsement, recommendation or certification by Earthy, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Earthy.
Earthy generally does not object to links to Earthy Websites from third party sites. However, there are certain conditions that must be followed:
- You are only permitted to establish links to the home page of an Earthy Website. Links may not be established to any pages on Earthy Website other than the home page without Earthy’s prior written permission.
- You must not create frames around Earthy Websites or use other techniques that alter the visual presentation of Earthy Websites.
- Unless Earthy enters into a specific written agreement with you, you may not use any of Earthy names, logos, designs, slogans, or marks in or with your links, except that you may link to Earthy Website home page using the plain text names: EARTHY.
- Do not present the link to an Earthy Website in any way that suggests Earthy has any relationship or affiliation with your site or in any way that suggests Earthy endorses, sponsors or recommends the information, products or services on your site. Use of any of Earthy’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without Earthy’s written permission for a particular use is strictly prohibited.
- Use of any of Earthy names, logos, designs, slogans, or marks, or any other words or codes identifying an Earthy Website in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without Earthy’s written permission for a particular use, is strictly prohibited.
- Earthy is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an Earthy Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
- Earthy reserves the right in its sole discretion to terminate your privilege to link to an Earthy Website for any reason.
- The link to an Earthy Website may not be used or associated with any distasteful, offensive, unlawful, defamatory or other materials that would adversely affect Earthy name, reputation or goodwill or any materials that are directed at, or appeal to, persons under the age of 19.
The linking of your website to an Earthy Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold Earthy harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:
- your infringement of any Earthy or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an Earthy Website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an Earthy Website; (ii) use of an Earthy Website for any illegal purpose; or (iii) use of an Earthy Website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of an Earthy Website; and
YOU UNDERSTAND AND AGREE THAT:
- USE OF AN EARTHY WEBSITE IS AT YOUR SOLE RISK. EARTHY WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. EARTHY DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT EARTHY WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES EARTHY MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN EARTHY WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN EARTHY WEBSITE. EARTHY WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
- THE DOWNLOADING OF MATERIALS FROM AN EARTHY WEBSITE IS DONE AT YOUR OWN RISK. EARTHY DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN EARTHY WEBSITE.
IN NO EVENT SHALL EARTHY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN EARTHY WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN EARTHY WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN EARTHY WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF EARTHY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
SOCIAL MEDIA POLICY
Earthy uses social media channels to interact with our customers and provide educational resources to the public. Earthy is committed to protecting youth and our social media channels are intended for users who are 19 years or older. Earthy asks that all social media users who choose to engage with us are respectful of all other users and interact in appropriate conversation related to the topic. For our full social media policy, click here.