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Terms and Conditions

Terms and Conditions (“Terms”) Last updated: 4/13/21

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.earthley.com website.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

Purchases

If you wish to purchase any product or service made available through Earthley (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card information, mailing address, email address, and/or other relevant personal information.

None of the items for sale come with specific health claims.  No item is intended to diagnose, treat, or cure any disease, or affect any specific condition.  Products should be purchased, if necessary, after a consultation with a qualified health professional.  It is solely your responsibility to understand if any products could interact with your diet, medication, etc. and we take no responsibility for your use or misuse of these products.

None of the operators of this site are medical professionals, and cannot answer health questions via email or chat.  No product recommendations provided to you, based on your specific requests, constitute medical advice.  No product description constitutes medical advice.

Shipping

U.S.

  • Orders under $15 ship for $4 (unless items in your cart exceed the weight threshold, then it is $8)
  • Orders $15 – $49 ship for $8
  • Orders over $50 ship FREE

Canada

  • Orders under $15 ship for $10
  • Orders $15 or more ship for $20

International

  • Rates vary by country, and are $24 – $35

Wholesale

  • Shipping is $10 – $20 depending on product weight

Orders come with tracking and usually ship in flat rate boxes or envelopes.

Links To Other Web Sites

Our Service may contain links to third ­party web sites or services that are not owned or controlled by Earthley. Earthley has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Earthley shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Returns

See our Return Policy for more information.

Email Communication

We offer an email newsletter that you may opt into or out of at any time.  This email newsletter is provided by our staff to inform users of current or upcoming sales, new product launches, health information, and more.  None of this content is medical advice, and none creates any kind of doctor-patient relationship.  Unsubscribe links are provided at the bottom of each email for those who no longer wish to receive communications from us.

SMS Communication

We offer a text message service that you may opt into or out of at any time.  These messages alert customers of current or upcoming sales, new product launches, health information, and more.  None of this content is medical advice, and none creates any kind of doctor-patient relationship, including replies from our team to questions from users.  To stop receiving text messages, reply STOP to any message.

Contact Us

If you have any questions about these Terms, please contact us via email ([email protected]) or phone (614-694-0154).

Earthley Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Earthley, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Earthley reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Earthley also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Earthley, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Earthley Terms of Use and Earthley Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Earthley and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Earthley through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected]

Contact

This message program is a service of Earthley, located at 240 Outerbelt Street Suite 8, Columbus, Ohio 43213.

Dispute Resolution

  1. General. In the interest of resolving disputes between you and Earthley in the most expedient and cost effective manner, you and Earthley agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Earthley or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Earthley or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Earthley ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Earthley to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Earthley will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Earthley. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. Notice; Process. If you or Earthley intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Earthley address for Notice is: 240 Outerbelt Street Suite 8, Columbus, Ohio 43213, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Earthley will make good faith efforts to resolve the claim directly, but if you and Earthley do not reach an agreement to do so within 30 days after the Notice is received, you or Earthley may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Earthley must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Earthley will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Earthley for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Earthley agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Earthley made within 14 days of the arbitrator’s ruling on the merits.
  5. No Class Actions. YOU AND Earthley AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Earthley agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Earthley makes any future change to this arbitration provision, other than a change to Earthley address for Notice, you may reject the change by sending us written notice within 30 days of the change to Earthley address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Earthley.
  7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

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