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If you visit or shop at Earth’s Pure Nutrition.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Earth’s Pure Nutrition.com service or visit or purchase from Earth’s Pure Nutrition.com, you also will be subject to the guidelines and conditions applicable to such service or business. All terms, conditions, policies, pricing or guarantees are subject to change without notice.
PRIVACY
Please review our Privacy Policy, which also governs your visit to Earth’s Pure Nutrition.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Earth’s Pure Nutrition.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Earth’s Pure Nutrition.com or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Earth’s Pure Nutrition.com and protected by U.S. and international copyright laws. All software used on this site is the property of Earth’s Pure Nutrition.com or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
EARTH’S PURE NUTRITION, NATURE’S ESSENTIALS ALL IN ONE PLACE, and other Earth’s Pure Nutrition.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Earth’s Pure Nutrition.com in the U.S. and/or other countries. Earth’s Pure Nutrition.com trademarks and trade dress may not be used in connection with any product or service that is not Earth’s Pure Nutrition.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Earth’s Pure Nutrition.com. All other trademarks not owned by Earth’s Pure Nutrition.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Earth’s Pure Nutrition.com or its affiliates.
LICENSE AND SITE ACCESS
Earth’s Pure Nutrition.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Earth’s Pure Nutrition.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Earth’s Pure Nutrition.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Earth’s Pure Nutrition.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Earth’s Pure Nutrition.com’s name or trademarks without the express written consent of Earth’s Pure Nutrition.com. Any unauthorized use terminates the permission or license granted by Earth’s Pure Nutrition.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Earth’s Pure Nutrition.com so long as the link does not portray Earth’s Pure Nutrition.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Earth’s Pure Nutrition.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Earth’s Pure Nutrition.com does sell products to children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Earth’s Pure Nutrition.com only with involvement of a parent or guardian. Earth’s Pure Nutrition.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Earth’s Pure Nutrition.com reserves the right (but not the obligation) to remove or edit such content.
If you submit material via email or through any other manner of communication, and unless we indicate otherwise, you grant Earth’s Pure Nutrition.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Earth’s Pure Nutrition.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Earth’s Pure Nutrition.com for all claims resulting from content you supply. Earth’s Pure Nutrition.com has the right but not the obligation to monitor and edit or remove any activity or content. Earth’s Pure Nutrition.com takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Earth’s Pure Nutrition.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us for more instructions on how to make a copyright infringement claim.
RISK OF LOSS
All items purchased from Earth’s Pure Nutrition.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Earth’s Pure Nutrition.com and its affiliates attempt to be as accurate as possible. However, Earth’s Pure Nutrition.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Earth’s Pure Nutrition.com itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by Earth’s Pure Nutrition.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be incorrectly priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
All prices are subject to change without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Earth’s Pure Nutrition.com on an "as is" and "as available" basis. Earth’s Pure Nutrition.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Earth’s Pure Nutrition.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Earth’s Pure Nutrition.com does not warrant that this site, its servers, or e-mail sent from Earth’s Pure Nutrition.com are free of viruses or other harmful components. Earth’s Pure Nutrition.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
APPLICABLE LAW
By visiting Earth’s Pure Nutrition.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Earth’s Pure Nutrition.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Earth’s Pure Nutrition.com or to products you purchase through Earth’s Pure Nutrition.com shall be submitted to confidential arbitration in Ogden, Utah, except that, to the extent you have in any manner violated or threatened to violate Earth’s Pure Nutrition.com’s intellectual property rights, Earth’s Pure Nutrition.com may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Earth’s Pure Nutrition.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Earth’s Pure Nutrition
P.O. Box 3825
Ogden, UT 84409-3825
Phone: 801-731-3971
Fax: 801-731-8115
Email: askus@earthspurenutrition.com
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