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Terms & Conditions : EarthShoes.com

The following rules and regulations apply to all visitors to or users of the Earth, Inc. Web Site (the "Web Site"), the home page of which is at www.earthshoes.com. Please carefully read and review the following terms and conditions (collectively, the "Terms"), as they govern your use of this and any of our other web sites. By accessing our Web Site, you agree to abide by these Terms. If at any time you do not agree to these Terms, please do not enter or use our Web Site. For purposes of these terms and conditions "Earth" means Earth, Inc. and its subsidiaries and affiliates.

BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

General Use And Changes To Our Web Site

These Terms constitute the entire agreement and understanding between you and Earth, Inc., and they supersede any and all prior communications and agreements relative to your relationship with Earth, Inc. ("Earth" or "we"). We are providing you access to our Web Site conditioned upon your complying with these Terms. If you violate these Terms, we reserve the right to seek any and all available legal remedies available to us. We may terminate your access to our Web Site at any time for any reason and without prior notice to you.

These Terms may be revised periodically. You are responsible to stay up to date on any changes, as your continued use of our Web Site following our posting any revisions to these Terms constitutes your agreement to be bound by the revised Terms. We reserve the right, at any time and in our sole discretion, to revise these Terms as we deem necessary. Any and all changes will take effect once posted.

These Terms constitute the entire agreement and understanding between you and Earth, and they supersede any and all prior communications and agreements relative to your relationship with Earth. Earth provides you with access to our Sites subject to your compliance with these Terms. In the event such Terms are violated, Earth reserves the right to seek any and all available remedies afforded to us by the law. We may terminate your access to our Sites at any time, for any reason or no reason, and without prior notice to you.

 

Intellectual Property Rights

Earth Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Earth as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and non-commercial use. You may not remove or tamper with any copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. Any commercial or derivative use of our Web Site is strictly prohibited, and this includes, without limitation, the distribution, modification, publication, sale or public display of any content obtained from our Web Site. We reserve the right to protect our intellectual property and site contents to the maximum extent afforded to us by the law. This use is subject to the additional following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of our Materials without our prior written permission; (b) you may not access or use the Earth Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. All rights not expressly granted are reserved by Earth.

 

Trademarks

Earth and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Earth or its affiliates or licensors and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Earth Web Site. Your misuse of the trademarks displayed on the Earth Web Site is strictly prohibited. You are also advised that Earth will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

 

Copyright Infringement Complaints

Earth respects the intellectual property rights of third parties. If you believe that anything on our Web Site infringes upon any copyright which you own or control, please notify our legal department by providing it with the following information, in its entirety, as outlined in 17 U.S.C. § 512:

  1. Physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work or works that you claim has been infringed;
  3. A description of where on our Web Site we can find the work or works that you claim has been infringed;
  4. Your name, address, telephone number, and e-mail address;
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law;
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner who has allegedly been infringed.

All notices should be sent to: Earth, Inc., Attn: President, 41 Seyon Street, Suite 400, Waltham, MA 02453. Please note that by sending the above information you are only notifying Earth of any alleged infringement and you are not commencing any legal proceedings or claims.

 

Linking

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Earth Web Site. None of such links should be deemed to imply that Earth endorses the Third Party Sites or any content therein. Earth does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Earth will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

 

Special Notice Regarding Linking to the Earth Web Site

Earth has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Earth web page is prohibited absent express written permission from Earth. Framing, inline linking or other association of the Earth Web site or its Materials with links, advertisements and/or other information not originating from the Earth web site is expressly prohibited.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Earth Shoes (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at shopify@earthshoes.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Waltham, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Earth Shoes’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

 

Disclaimer of Warranty

Access to Earth Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Earth reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

 

Jurisdiction

Earth controls this Web Site from its offices within the Commonwealth of Massachusetts. Earth does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of Massachusetts, without giving effect to its conflict of laws provisions.

 

Your Communications

Earth shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Earth through the Web Site shall be subject to the Web Site's privacy policy.

 

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL Earth BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Earth IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

 

User Generated Content

Access to Earth Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Earth reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

 

Disclaimer of Warranty

You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our Web Site ("User Generated Content" or "Content"), and for any consequences that result from such submissions. Earth disclaims any and all liability in connection with User Generated Content.

All User Generated Content submitted to our Web Site shall be deemed non-proprietary and non-confidential. Earth shall be free to use, reproduce, modify, publish, incorporate, exploit, develop and distribute such Content and any ideas contained therein, without restriction or cost and through any medium now known or later developed. Earth does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or for anything else related to our company ("Business Ideas"). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Earth without restriction and without compensating you in any way. You are solely responsible for ensuring that the Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties.

Earth reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Earth may monitor and review the Content submitted to our Web Site, but we are under no obligation to do so. You understand that by accessing our Web Site you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Earth be liable for any User Generated Content or for any damages resulting from such Content. Earth does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein.

 

Accuracy of Content; Limitations on Quantity 

The information we provide through the Web Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products or services at a particular time does not guarantee that the products or services will be available. To the fullest extent permitted by law, if a product or service offered and sold by us is not as described, your sole remedy is to return it subject to the terms set forth herein.

 

Prohibited Conduct

Earth expressly prohibits certain conduct on our Web Site. Any and all illegal, libelous, obscene, tortious, or otherwise unauthorized acts associated with your use of our Web Site will not be permitted. In addition, any false or obscene material is subject to removal. Any attempt to interfere with our Web Site or attempt to access other user's confidential information will not be tolerated.

 

Privacy

All personal information submitted through our Sites will be governed in accordance with the terms of our Privacy Policy.

 

Indemnification

You agree to indemnify, defend, and hold harmless Earth, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, arising from or relating to your use of our Web Site, violation of these Terms, or violation of any third party rights. Earth reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, regardless of whether the matter qualifies for an indemnity. In the event Earth takes control of such litigation, you agree to provide reasonable efforts to cooperate and participate as needed in the defense of such matters.

All disputes or other actions arising from these Terms shall be adjudicated entirely in the state and/or federal courts of the Commonwealth of Massachusetts. 

 

Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

 

Assignment

These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Earth.

 

Resolving Disputes

In the unlikely event that a problem occurs with respect to your use of this Web Site and these Terms, Earth wishes to address your concerns. In the event of a dispute, we ask that you work with us to resolve the dispute informally by contacting our Customer Service Department.

 

Contact Us

If you have questions, comments, or concerns regarding our Terms of Use, please contact us at:

Online:
Click here to contact us

Phone:
(877) 372-2814

Earth, Inc.
Attn: Customer Service Department
41 Seyon Street, Suite 400
Waltham, MA 02453


Revisions

Earth may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Earth also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Earth may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.