About Earth Mind & Body
Welcome to The Earth Mind and Body Essentials Website Earth Mind and Body Essentials provides the content and products available on this Site to you subject to the following terms and conditions, and policies which you may find throughout my Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using this Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Products and Services Not For Resell You may not sell or resell any of the products or services, or samples thereof, you receive from me. I reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that I believe, in my sole discretion, may result in the violation of my Terms and Conditions. Accuracy of Information I attempt to be as accurate as possible when describing my products on this Site; however, to the extent permitted by applicable law, I do not warrant that the product descriptions, colors, information or other content available on this Site are accurate, complete, reliable, current, or error-free. Intellectual Property All information and content available on this Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Earth Mind and Body Essentials, my affiliates, partners or licensors, and is protected by Canadian laws, including laws governing copyrights and trademarks. Your Obligations and Responsibilities In the access or use of this Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on this Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Earth Mind and Body Essentials, our affiliates, partners or licencors. Limited License I grant you a limited, revocable, and non exclusive license to access and make personal use of this Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent. The limited license set forth in this section does not include the right to: • Modify or download the Website or its contents (except caching or as necessary to view content) • Make any use of the Website or its content other than personal use • Create any derivative work based upon either the Website or its content • Collect account information for the benefit of another party • Use of any meta tags or any other hidden “text” utilising our name or the Trade Marks without my express written consent • Use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on my infrastructure You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to my Website may: link to, but not replicate, my Content; not imply that I am endorsing such website or its services or products; not misrepresent its relationship with me; not contain content that could be construed as distasteful, obscene, offensive or controversial; and, may contain only content appropriate for all ages. It shall not portray me or my products or services, in a false, misleading or derogatory, or otherwise offensive or objectionable manner, or associate me with undesirable products, services, or opinions. It may not use any Trademark without express written permission; not link to any page of this Web Site other than the home page. I may, in my sole discretion, request that you remove any link to this Website, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of this Website terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law. Third Party Links I am not responsible for the content of any off-Site pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by me, my affiliates or my partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other websites is at your own risk. I am in no way responsible for examining or evaluating, and I do not warrant the offerings of, off-website pages or any other websites linked to or from this Site, nor do I assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. User Content When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on this Site, you are entirely responsible for such User Content. I do not endorse or control the User Content transmitted or posted on this Site and therefore, I do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will I be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via this Site. You acknowledge that I have the right (but not the obligation) in my sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, I have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and I reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others. Representation and Warranties: Limitation of Liability This Website is presented “as is”. I make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not excludable. You agree that, to the fullest extent permitted by applicable law, I will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any Interruption of business access delays or access interruptions to this website data non-delivery, mis-delivery, corruption, destruction or any other modification loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on this Website, of computer viruses, system failure or malfunction which may occur in connection with your use of this Website, including during hyperlink to or from third party websites, and any inaccuracies, omissions or misleading, false or deceptive statements in the content or events beyond my reasonable control. Further to the fullest extent permitted by law, we will not be liable for any direct, indirect, special, incidental or consequential damages of any kind (including lost profits) related to this Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Governing Law These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of Canada. Indemnification You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of this Site or breach of these Terms and Conditions. You also agree to indemnify me for any loss, damages, or costs, including reasonable attorney’s fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on my infrastructure. General You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of this Site, and supersede and govern all prior proposals, agreements, or other communications. I reserve the right, in my sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to this Site and release of notice of such change. Your continued use of this Site thereafter constitutes your agreement to all such changed Terms and Conditions. I may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. My failure to require your performance of any provision hereof shall not affect my full right to require such performance at any time thereafter, nor shall my waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. Contact Me If you have any questions regarding these Terms and Conditions, please email me at firstname.lastname@example.org Disclaimer Earth Mind and Body Essentials does not claim to cure/treat/prevent any skin and/or hair related disorders. All our products are purely cosmetic in nature & to encourage to maintain a safe & natural cosmetic routine. If you are allergic to natural active ingredients, or are under treatment/medication for any skin or hair disorders, you must consult with your healthcare professional before using any of my products. The information on this site is general in nature and is not intended to substitute for the advice provided by your own physician and/or other healthcare professional and is not intended to treat, cure or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made by Earth Mind and Body Essentials through this web site. Users shall use their own discretion in ordering my products for their use. You may use my products in proper consultation with skin experts as to what would be suitable for your type of skin. The compositions of each of the products are clearly mentioned in the product description from where you can read and understand the suitability for your personal use. Under no circumstances, Earth Mind and Body Essentials shall be held liable for any action. Earth Mind and Body Essentials makes no warranty of any kind, express or implied, with respect to (a) the operation of this site, or (b) products, information or services displayed or sold on this site including any warranty of merchantability or fitness for a particular purpose. EARTH MIND AND BODY ESSENTIALS is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this or its contents. Under no circumstances, including, but not limited to negligence, shall Earth Mind and Body Essentials be liable for any direct, indirect, special, incidental or consequential damages, arising out of the use, or the inability to use, the materials published on this site. Users may not copy the website content, either entirely or for commercial gain. The Website content is protected by copyright, trademark and other intellectual property laws. The information provided here is not meant to replace sound medical advice. It is by no means conclusive and does not guarantee results. It is not meant to take the place of medical treatment, or to be used as a prescription for a remedy of disease.