Earthbar

Terms of service

Terms
This web site is owned and operated by Earthbar, LLC. (“Earthbar”). By accessing this web site, you agree to be bound by these web site Terms and Conditions of Use and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Access and Use
The materials contained in this web site are protected by applicable copyright and trademark law and should only be used for personal, non-commercial use. You may only download material from this site for your own personal use. You may not reproduce, duplicate, distribute, publish, modify, copy, decompile or reverse engineer, or transmit material, from this web site. This includes any text, graphics, logos, photos, blog materials, videos, stills, product references, images, and descriptions, or social media posts. Additionally, you are also strictly prohibited from creating works or materials based on or derived from the materials on this site. Upon terminating your viewing or use of these materials, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Warranties and Disclaimers
By using this site, you agree that your use and reliance on materials contained on this site are at your own risk. To the maximum extent permitted by law, the materials on Earthbar’s web site and the products sold to you are provided “as is” and “with all faults.” Earthbar makes no other warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property or other violation of rights. Further, Earthbar does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or the products sold to you or otherwise relating to such materials or on any sites linked to this site. Additionally, Earthbar does not warrant that the functions on this web site will be uninterrupted, accurate, error free or reliable. You acknowledge that Earthbar is not responsible for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, theft, destructions, damage or unauthorized access to your computer or network. Further, you acknowledge that Earthbar is not responsible for any defamatory, offensive or illegal conduct or material found on this web site, including materials transmitted by other persons.

Limitations
In no event shall Earthbar or its subsidiaries, agents, directors, officers, employees, or suppliers be liable for any damages including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of our online privacy policy, breach of these Terms and Conditions of Use, or due to business interruption arising out of the use or inability to use the materials on Earthbar’s web site, Earthbar’s use of information you provide, the products sold to you, or any other claim you may have, even if Earthbar or an Earthbar authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Additionally, you hereby waive any and all rights to bring any claim or action related to this site beyond one (1) year after the first occurrence of any act, event, condition, or omission on which such claim or action is based.

Indemnity
You agree to defend, indemnify, and hold harmless Earthbar, its affiliates, employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this web site, your failure to use this site, your breach or alleged breach of these Terms and Conditions, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties.

Revisions and Errata
The materials appearing on Earthbar’s web site could include technical, typographical, or photographic errors. Earthbar does not warrant that any of the materials on its web site are accurate, complete, or current. Earthbar may make changes to the materials contained on its web site at any time without notice. Earthbar does not, however, make any commitment to update the materials.

Links
Earthbar has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. No inference or assumption should be made and no representation should be implied that Earthbar is connected with or controls these websites. You should refer to each web site’s terms and conditions or terms of use. The inclusion of any link does not imply endorsement by Earthbar of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications
Earthbar may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law
Any claim relating to Earthbar’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.