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.

Please email us at info@earthbar.com if you have any questions. Thank you for visiting our Site and for supporting our products!

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.

Changes to these Terms

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.

Your Use of this Site

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.

Use of this Sites Content

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.

Earthbar’s Communications to You

You agree that Earthbar may send you e-mail and/or SMS messages to advise you of our products, changes to this Site or for other purpose.

Colors

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.

Inaccuracy Disclaimer

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).

Improper Use of This Site

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;

(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.

Third Party Websites

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.

Comments and Suggestions

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.

Copyright Infringement

If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to info@earthbar.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;

(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.

Liability

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.

Content is for Informational Purposes Only

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.

Products are sold "As Is"

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.

Professional Advice Disclaimer

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 or content on earthbar.com. The information and content on earthbar.com is provided only for informational purposes. It is not meant in any way as a substitute for the professional advice provided by your physician or any other health care professional. The statements on this site have not been evaluated by the FDA. Our products are not intended to diagnose, treat, cure or prevent any disease.

Billing, Membership, and Auto-Renewal Policies

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.

Subsequent Orders
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.

Cancellation
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.

Failed Orders
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.

Discounts
You will receive a 10% discount on subscription orders. Promotional discounts and all other offers are not valid towards subscription-based services.

Indemnification

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.

Severability

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.

Waiver

No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.

Statute of Limitations

You and Earthbar agree that any cause of action arising out of or related to this site or of Earthbar’s products must be brough within one (1) year after the cause of action accrues or such cause of action is permanently barred.

Governing Law

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.

Arbitration

For any dispute you have with Earthbar, you agree to first contact us at info@earthbar.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 trail by jury or to participating in a class action.

Jurisdiction

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.

Entire Agreement

These Terms and all other provisions stated in or through this Site, including our Privacy Policy, state the entire agreement between the parties relating to use of this Site and the products sold through this Site. These Terms and any other provisions stated in or through this Site may be amended at any time by Earthbar without notice.

Questions?

If you have any questions about our tasty product, please do not hesitate to contact us at info@earthbar.com.

Modification of Terms of Use: Earthbar reserves the right in its sole discretion to modify at any time these Terms of Use. Any such changes are effective immediately upon being posted on any of the Sites and the Member’s continued enrollment in the Rewards Program and/or use of the Sites confirms that they accept the changes and agrees to be bound by them.
Ownership of Site Content: All of the contents of the Sites are owned and copyrighted Earthbar and is protected as intellectual or proprietary property. Use of any of the Sites’ content without prior consent by Earthbar is strictly prohibited.
Limitation of Liability and Disclaimer: Members use the Sites (earthbar.com) at their own risk. Earthbar is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing the Sites or using information on the Sites. The Sites and the information included on the Sites are provided by Earthbar Cafe “as is” without any warranty of any kind, either expressed or implied. Earthbar is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer or device related to participating in the Rewards Program. Earthbar’s liability for Earthbar Rewards or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Earthbar Rewards or other benefits, while supplies last.
Release: Member hereby releases and agrees to indemnify and hold harmless Earthbar from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of Earthbar Rewards or any other award or benefit.
Links to Third Party Websites: The Sites may contain links to third-party websites or may permit Members to log in via the member’s account on a social media website or application. Earthbar does not have any control over these other websites, and it is not responsible for their content or security. If a Member clicks on a link to an outside website or uses a social media account to log in to a Site, they do so at their own risk and is subject to the privacy policy, and terms and conditions of that website.
Privacy: Any information that a Member provides to Earthbar will be treated in accordance with Earthbar’s Privacy Statement.
Choice of Law: These Terms of Use are governed by and are to be construed in accordance with the laws of the State of California.
Please read this section carefully: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against Earthbar or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Accessibility Statement for Earthbar

This is an accessibility statement from Earthbar, LLC.

Measures to support accessibility

Earthbar, LLC takes the following measures to ensure accessibility of Earthbar.com:

Employ formal accessibility quality assurance methods.
Include our best efforts to ensure people with disabilities are able to navigate our website

Conformance status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Earthbar.com is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

Feedback

We welcome your feedback on the accessibility of Earthbar.com. Please let us know if you encounter accessibility barriers on Earthbar.com:

Phone: (415) 857-3869
E-mail: info@earthbar.com
Instagram: @earthbar

We try to respond to feedback within 24 to 48 hours.

Limitations and alternatives

Despite our best efforts to ensure accessibility of Earthbar.com, there may be some limitations. Below is a description of known limitations, and potential solutions. Please contact us if you observe an issue not listed below.

Known limitations for Earthbar.com:

Instagram feed of user generated content: Uploaded images may not have text alternatives because we cannot ensure the quality of contributions through third party applications used to display Instagram feed. We take user comments into consideration and work to address issues as quickly as possible. Please contact us via email or phone if you encounter an issue.