Terms of Service

General

Thank you for visiting this web site (www.earthsedgeusa.com). Earth’s Edge, Inc., a Michigan corporation (“Earth’s Edge”), has designed this web site for you (the “Site”). By using the Site, you acknowledge and agree that the following terms and conditions govern your use of the Site. In the event of a conflict between any other agreement, rule, policy or term of service and this agreement, the provisions of this agreement shall govern. In the event you “bookmark” a portion of the Site, your use of the Site still binds you to the terms of this agreement. Further, as we may change, amend and/or modify this agreement at any time without notice, it is recommended that you periodically review these terms and conditions of your use.

Use of the Site

Earth’s Edge does not guarantee that the Site will be free of computer viruses or other matters intended to damage, interfere, intercept or appropriate any computer systems, data or other information. There may also be information on the Site that contains errors, inaccuracies or omissions. You are solely responsible for implementing all measures necessary to (i) ensure the accuracy of your data including, without limitation, requirements for accuracy of data input and output and any means necessary to reconstruct lost information or data and (ii) protect yourself and you computer systems from the dangers inherent in using the internet, specifically, but without limitation, any interception or uploads of your data or systems by an unauthorized third party.

Earth’s Edge reserves the right to change or amend the Site at any time, without prior notice, including time periods after which you have submitted an order. We understand that this could cause certain inconveniences for you. Thus, if you are not completely satisfied with a purchase, you may return it in accordance with Earth’s Edge Return Policy.

Without limiting the generality of the foregoing paragraph, in the event the Site contains an error or omission concerning the price of, or information about, a product, Earth’s Edge reserves the right to refuse or cancel an order. We shall have such right whether your order has been approved and your credit/debit card charged. If your card has been charged for an order, and we exercise our right to cancel the same in accordance with this paragraph, we will issue you a credit in the amount of the charge and you agreed to accept this as your exclusive remedy in accordance with the terms of this agreement.

This Site may not be available at all times, some of which may be out of our control. The Site may also be scheduled to go offline temporarily for repairs and maintenance. Under all circumstances Earth’s Edge shall not be responsible for or have any liability in the event the Site is unavailable, nor for any mis-delivery or non-delivery of any information, acts of third parties or any other outages or problems by web host providers, as well as for any loss of data or sales or transactions caused by any of the foregoing.

This Site may contain links to other internet web sites solely for your information and convenience. Earth’s Edge does not control the content or the availability of these sites. Unless otherwise stated in this agreement, Earth’s Edge is in no way affiliated with any of these third parties, nor does it endorse or sponsor such web sites, products, services or content.

You are solely responsible for all risks associated in the use of this Site, thus if you do not agree to the terms and conditions contained herein, please do not use the Site. Intellectual Property Matters Copyright notice for all information on this Site is as follows: Copyright © 2004 Earth’s Edge, Inc. All Rights Reserved. This Site and all matters contained herein are intended for personal non-commercial use. Any use or reproduction of the Site for commercial purposes or for distribution to others is in violation of the United States copyright law and may subject you to civil and criminal penalties. You are not authorized to modify, publish, transmit or otherwise create any similar or derivatives works or in any other way interfere or exploit any of Earth’s Edge copyrighted materials without first obtaining Earth’s Edge’s written consent. All product names, trademarks, service marks or other items or images on this Site are the property of, or used with express permission by Earth’s Edge. The use of the foregoing without the written consent of the applicable owner is prohibited. Nothing in the Site shall in any way be deemed to have conferred by implication, estoppel or otherwise, any license or any patent or trademark of Earth’s Edge or any third party. Submission of Pictures, Designs, Ideas, Etc. or Any Other Feedback to Us If you submit a picture or other work to Earth’s Edge for posting on our “Photo Gallery” portion of the Site, or if you submit any other designs or ideas to us, the following shall govern such submission. All submissions are not confidential and shall become the sole and exclusive property of Earth’ Edge with no obligation to hold the same in confidence. You should consult a qualified attorney before making any submission to us. You also agree that you are at least 18 years old and that your submission does not infringe upon or violate applicable law. Further, you are not relying on any promise, expectation or other understanding with us in making your submission, nor do you believe that any form of agreement is implied. This paragraph shall be deemed to be a separate agreement made by you to us if it is necessary for us to enforce its terms. If you contact or respond to us with questions, information, opinions, suggestions or other comments or feedback with regard the Site, products, services or otherwise, you understand that the same is not confidential, nor are we required to hold it in confidence. Further, Earth’s Edge shall in no way have any obligation with respect to such submissions and we are free to use such information as we desire, but in accordance with our Privacy Policy.

Disclaimer

EARTH’S EDGE PROVIDES THE SITE TO YOU “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND UNDER NO CIRCUMSTANCES SHALL EARTH’S EDGE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES FROM YOUR USE OF THE SITE OR ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE SITE. FURTHER, EARTH’S EDGE SHALL NOT BE LIABLE FOR ANY COST, EXPENSE OR DAMAGE ARISING INDIRECTLY OR DIRECTLY FROM ANY TRANSACTIONS CONSUMMATED BY THE USE OF THIS SITE.

Limitation of Liability

EARTH'S EDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THIS SITE OR THE INABILITY FOR YOU TO USE THE SAME.

You agree that this paragraph and the preceding paragraph apply to all content, merchandise and/or services throughout this Site. Earth’s Edge’s total cumulative liability under the terms of this agreement shall not exceed the lesser of any fee/amounts paid by you, if any, to Earth’s Edge for use of the Site or One U. S. Dollar and 00/100 ($1.00). The limitations of liability contained herein shall apply to and inure to the benefit of Earth’s Edge, its successors, assigns, officers, directors, employees, attorneys, agents and assigns.

Indemnification

You agree to indemnify, defend and hold Earth’s Edge, its successors, assigns, officers, directors, employees, attorneys, affiliates and agents harmless against all claims, damages, demands, actions, costs, expenses, liabilities and losses of any kind, including actual attorneys’ fees and litigation expenses, arising from or in any way related to the use of this Site, and you understand that you do not have any right to settle any case or matter without the express written consent of Earth’s Edge.

Termination

The terms and conditions of this agreement are in effect until terminated by you or Earth’s Edge. You may terminate this agreement at any time and Earth’s Edge reserves the right to do the same, all without prior notice. Further, if Earth’s Edge determines in its sole discretion that you have failed to comply with any term or condition of this agreement, Earth’s Edge may deny you access to the Site. On termination of this agreement, you agree to promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies thereof, whether made under the terms of this agreement or otherwise.

Miscellaneous

This agreement can be enforced by Earth’s Edge, its successors and assigns. In the event that one or more of the terms or provisions of this agreement shall be determined to be invalid, illegal or otherwise unenforceable in any other regard, such in validity, illegality or unenforceability shall not effect any other provision or terms contained in this agreement. Any delay or failure by Earth’s Edge to require performance of any term or provision of this agreement shall in no way affect our right to later enforce such provision or term. Any delay or failure by Earth’s Edge to exercise any of its rights, in this agreement or otherwise shall not constitute a waiver of such right or any other rights. Under no circumstances are you allowed to assign or delegate any of your responsibilities or obligations of this agreement without the written consent of Earth’s Edge. Unless otherwise referenced herein, a person not a party to this agreement shall not be a beneficiary of the same and no such third party shall have any right to enforce any term of this agreement. This agreement and other documents incorporated by reference shall constitute the entire agreement between Earth’s Edge and you as to the subject matter contained herein. This agreement shall be construed in accordance with the laws of the State of Michigan, without regard to any applicable conflict of law provisions. If you access the Site from a non Unites States jurisdiction, you agree that you responsible for compliance with all laws of such jurisdiction.

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