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.
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.
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.
Please email us at firstname.lastname@example.org if you have any questions. Thank you for visiting our Site and for supporting our products!
Earthbar may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on this Site or via e-mail. Your continued use of this Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use the Site or our products.
You agree to use this Site for your own personal, non-commercial use only. You also agree that your use of the Site and any of our products does not violate any applicable law or regulation. Finally, you acknowledge that you have the right, authority and capacity to enter into these Terms.
The content of this Site is the exclusive property of Earthbar. You agree to not extract, modify, reproduce or distribute any of the Site’s content for any purpose other than for your own personal, non-commercial use, without the prior written consent of Earthbar.
You agree that Earthbar may send you e-mail to advise you of our products, changes to this Site or for other purpose.
We have made every effort to display the colors of our products as accurately as possible. However, we cannot guarantee that your monitor's display will be accurate as the actual colors you see depend on your monitor.
From time to time there may be information on this Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).
You agree not to use the Site to:
(a) harm others, including, but not limited to, infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
(b) violate any laws, regulations, treaties or governmental or judicial order;
(c) send or enable the transmission of junk email, "phishing" or "spamming" or unsolicited or duplicative messages;
(d) Distribute, transmit or upload programs or material that contains malicious code, including, but not limited to, viruses, cancelbots, time bombs, Trojan horses, worms, spyware, Easter eggs, or other potentially harmful programs or other materials or information;
(e) impair, disrupt, alter or otherwise interfere with the content, features, functions, or use of this Site;
(f) improperly display any TCP/IP packet header or part of the header information in any e-mail or other postings;
(g) gain illegal or unauthorized access to other computers or networks through hacking or other means;
(h) gain unauthorized access to this Site; or
(i) assist or permit any person to engage in any of the activities described above.
Even though the above activities are prohibited, you agree if you become exposed to them while using this Site neither Earthbar nor any of our officers, shareholders, directors, advertisers, employees or corporate partners will in any way be responsible for any damages caused by such exposure.
You agree that links to third party websites, including advertisements, are provided to you for convenience purposes only and that Earthbar does not guarantee, endorse or have responsibility for the content, products or services of any third party websites.
We greatly value your suggestions, comments, feedback, postcards, ideas, and other submissions you may provide Earthbar ( “Comments”). Comments shall be Earthbar’s property and the offering of Comments to Earthbar shall constitute your assignment to Earthbar of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Earthbar will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Earthbar shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to Earthbar.
If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to email@example.com:
(a) A description of the copyrighted work that you claim has been infringed upon and the location where the original or an authorized copy of the copyrighted work exists;
(b) A description of where the infringing material is located on our website;
(c) Your name, address, telephone number, and e-mail address;
(d) The signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;
(e) A statement that you have a good-faith belief that Earthbar’s use of the content is not authorized by the copyright owner, its agent, or the law and
(f) A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, EARTHBAR, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR THE PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S ACCESS OR USE OF THIS SITE, ANY CONTENT POSTED ON THIS SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED FROM EARTHBAR.
THE CONTENT OF THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. PLEASE CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
Non-perishable National deliveries are shipped via UPS Overnight. Shipping is out of the control of Earthbar and we cannot guarantee orders arriving at any specific time.
We offer Nationwide shipping so you get juices to your door no matter where you are! All shipments outside of California will be delivered using FedEx Priority Overnight, Tuesday through Friday, with an estimated delivery no later than 11:30 AM. If you are located in California, you will receive your shipment via Ontrac Overnight Services, Tuesday through Friday, with estimated delivery of the end of the day.
There is a considerable amount of planning for each of your orders as they are made fresh. As a result, once you confirm your purchase no refunds are offered. However, if you cancel your order at least 48 hours prior to a scheduled delivery you will be credited your purchase price for a future order. For example, if you are scheduled for a Wednesday morning delivery, you must inform of us of any change in your order by Monday morning. After Monday morning, your order would be confirmed and could not be changed for any reason.
Earthbar will replace any product you can reasonably demonstrate was damaged during transit. If you received any damaged product, please e-mail us at firstname.lastname@example.org.
ALL PRODUCTS ARE SOLD "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
EARTHBAR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR OF OUR PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE OR OF OUR PRODUCTS.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT EARTHBAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF THIS SITE OR OF OUR PRODUCTS.
EARTHBAR’S PRODUCTS HAVE NOT BEEN FLASH PASTEURIZED.
EARTHBAR’S PRODUCTS ARE GUARANTEED FRESH FOR 5 DAYS, AS THEY HAVE PERISHABLE NUTRIENTS AND ENZYMES AND ARE NOT PASTEURIZED. PLEASE DO NOT CONSUME OUR PRODUCTS MORE THAN 5 DAYS AFTER THEY HAVE BEEN DELIVERED.
Earthbar does not provide medical or counseling advice. None of our services and nothing stated or posted on earthbar.com is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, diagnosis, prognosis, advice, psychiatry, psychology, psychotherapy or general health care treatment. Please seek the advice of your medical professionals as appropriate regarding the evaluation of any information, opinion o content on earthbar.com.
Some services offered by Earthbar are subscription based services which are subject to Auto Renewal Terms. Your subscription is an automatic recurring order that processes payment on the day and interval you select. Your credit card will be automatically charged on a weekly, bi-weekly, monthly or bi-monthly, depending upon the billing terms for your account, for as long as you remain a member, but for no less than the minimum required term. You agree that Earthbar will not be required to send you any renewal or advance billing notifications or confirmations that your credit card has been charged.
Orders will automatically be processed and billed on the day that is listed in your account, at the interval you select. Orders will ship within 24-48 hours after being processed. You may change your interval, as well as skip upcoming shipments within the Manage Subscription page of your user account.
Modifying Subscription Orders
By participating in our subscription program, you can change your product selections as desired, or choose to skip deliveries based on your schedule. We will send you an automatic reminder email 3 days before each upcoming order. Your shipping fees may vary based on your product selections. Orders are billed on your upcoming order date. You are responsible for making changes or skipping deliveries ahead of the processing window.
To cancel your subscription or skip an order, please visit the Manage Subscription page of your user account or contact Earthbar customer support at least 3 days in advance of your order. Earthbar cannot accommodate cancellations on or after the day that your payment processes. You may cancel your subscription at any time.
If we are unable to charge your credit card for an existing subscription or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to Earthbar at the time of the suspension or termination.
If your payment is unable to process, we will automatically attempt to process payment each day for 2 days until payment processes. You will receive an email notification for each failed payment attempt. After 2 consecutive failed payment attempts, your subscription will be automatically cancelled.
You will receive a 10% discount on subscription orders. Promotional discounts and all other offers are not valid towards subscription-based services.
You agree to indemnify and hold Earthbar harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your use of the Site or (b) your or anyone else's use or consumption of any products that you purchased through this Site.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
YOU AND EARTHBAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OF EARTHBAR’S PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms and your use of this Site and of our products shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
For any dispute you have with Earthbar, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that we cannot resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Site or our products by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
The arbitration will be conducted in San Francisco County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to Earthbar.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EARTHBAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATING IN A CLASS ACTION.
You acknowledge that Earthbar is based in California and agree that the Site and our products do not give rise to personal jurisdiction, either specific or general, over Earthbar in jurisdictions other than California. You and Earthbar agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as described in the arbitration provision above.
If you have any questions about our tasty product, please do not hesitate to contact us at firstname.lastname@example.org.
Eligibility: The Rewards Program is only available to individual legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Rewards Program member (“Member”) and a maximum of four accounts are allowed per household. Each participant in the Rewards Program must have his or her own account and accounts (Points and rewards) may not be used by, shared, sold, assigned or transferred.
Eliminate your right to trial by jury; and Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.
These Terms were last updated in May 2020