- Company's "Services" include providing resources related to product and supplement retailers, technology, and a marketplace for sustainable and related products (including reviews, ratings, articles, and certain products for sale).
- The Services are offered and available to users who are 18 years of age or older. By using this Website or App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
- We reserve the right to withdraw or amend the Website or App, and any of the Services provided on the Website or App. Further, we reserve the right to revise, update, modify, and close down any of the Services provided herein. We will not be liable if for any reason all or any part of the Website or App or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, restrict access to some part of the Services, or the entire Website or App, to users, including registered users.
- To use certain features of the Website or App or Services, you must register for an account with Erthie ("Erthie Account") and provide certain information about yourself as prompted by the Website or App registration form. You have the option of setting your Erthie Account to be public or private through the settings in your account, which you can access by logging in at www.Erthie.com/login. Public accounts will be viewable to all users and guests to the Website or App. Private accounts conceal the registrant's email address, and permit certain features of the Services like direct messaging and discrete buying options. Company does not warrant that all information will remain confidential simply by your opting to set your account private.
- When you sign in through your social media credentials, or any other piece of information as part of our security procedures, you must (and hereby agree to) treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Erthie Account is personal to you and agree not to provide any other person with access to this Website or App, Services, or portions of either using your user name, password or other security information, including your Social Media login credentials. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
(A) The Website, App, Services, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may download a single copy of our Erthie platform to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by additional end-user agreements as we may require.
- You may download a single copy of our Erthie App to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by additional end-user agreements as we, the Android Store, or the Apple Application Store, may require.
- You may not authorize any organizations, companies, or businesses to use the Services for any purpose, except for with the written consent of the Company.
- When we provide Social Media features with certain content, you may take such actions as are enabled by such features.
(C) You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- You must not nor permit access or use for any commercial purposes any part of the Website or App. If you wish to make any use of material on the Website or App other than that set out in this section, please address your request to: [email protected]
The Company name, the term Erthie, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website or App are the trademarks of their respective owners, where applicable.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or App, or which, as determined by us, may harm the Company or users of the Website or App or expose them to liability.
(B) Additionally, you agree not to:
- Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or App or Services, including their ability to engage in real time activities through the Website or App or Services.
- Use any robot, spider or other automatic device, process, or means to access the Website or App or Services for any purpose, including monitoring or copying any of the material presented thereon.
- Use any manual process to monitor or copy any of the material on the Website or App or Services, or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the and delivery of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App or Services, the server on which the Website or App or Services is stored, or any server, computer or database connected to the Services.
- Attack the Website or App or service via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack.
- Otherwise attempt to interfere with the proper working of the Website or App or Services.
- The Website or App contains message boards, chat rooms, personal and commercial web pages and profiles, our proprietary review portals (including Company's Sustainability Scorecard, and other interactive features (collectively, "User Services") that allow users to post, submit, publish, display, review, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Uploads") on or through the Website or App.
- Any User Upload you post to the site will be considered non-confidential and non-proprietary. By providing any User Upload on the Website or App, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
- You represent and warrant that:
- You own or control all rights to, including intellectual property rights, the User Uploads and have the right to grant the license granted above to us and our licensees, successors and assigns.
- You understand and acknowledge that you are responsible for any User Uploads you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Uploads posted by you or any other user of the Website or App.
(A) We have the right to:
- Remove or refuse to post any User Uploads for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App or Services, including any stalking or harassment.
(B) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App or Services.
(C) YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
(D) However, we do not undertake to review material before it is posted on the Website or App or Services, we do not and cannot ensure the accuracy of the information calculated into the Sustainability Scorecard, and cannot ensure prompt removal of objectionable material (and its impact) after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, subject to any applicable law.
(E) You hereby grant, and you represent and warrant that you have the right to grant, to Erthie, an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Uploads, and to grant sublicenses of the foregoing, solely for the purposes of including your User Uploads in the Website or App and Services. You agree to irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Uploads.
These content standards ("Content Standards") apply to any and all User Uploads and use of User Services. User Uploads must in their entirety comply with all applicable federal, state, local and international laws, including intellectual property laws, and regulations.
(A) Without limiting the foregoing, User Uploads must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
(B) If you post reviews on the Website or App, Services, or any of Erthie's social media pages or channels, you agree not to post reviews that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users, both guests and registrants with Erthie Accounts, with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions in these Content Standards, reviews posted on the Website or App, Services, or any of Erthie's social media pages or channels must not:
- Be written exclusively in capital letters,
- Be plagiarized,
- Contain spam or advertisements,
- Contain personally identifying information about any retailers, including any employees, contact persons listed on the Website or App, or other persons,
- Contain overly detailed or sexual descriptions of an individual's physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with any retailer,
- Contain any proprietary information about the Sustainability Scorecard that may be available to you as a result of your type of Erthie Account,
- Contain references to Merchants, retailers, or competitors other than the product or retailer being reviewed, or
- Contain unrelated personal grievances.
We do not condone copyright infringement, and will terminate the user accounts of repeat infringers. You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied or posted on the Website or App or Services in a way that constitutes copyright infringement, please provide our Copyright Agent (provided in this Section X), in writing, with the information as follows:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or of interest in the copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Website or App, or in the provision of the Services, with reasonably sufficient detail to enable the Company to find the allegedly infringing material, including a URL;
- Your address, telephone number to reach you, and email address;
- A written statement by you representing that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A written statement by you, made under penalty of perjury, that all of the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent (submitted to [email protected]), or at the following address:
Erthie Copyright Agent
c/o Carbon Law Group
US Bank Tower, 633 W 5th St #2600
Los Angeles, CA 90071
- The information presented on or through the Website or App or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or App or Services, or by anyone who may be informed of any of its contents.
- This Website or App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Erthie's marketplace is solely comprised of independent (unaffiliated with the Company) Merchants who run their own shops. Each Merchant is responsible for their own policies regarding refunds, exchanges, and returns. Therefore, individual policies (between products and Merchants) will vary from Merchant to Merchant, and product to product.
- Users intending to make a purchase ("Buyers") on Erthie are responsible for locating and familiarizing him or herself with the Merchant's refund, return, and exchange policy, which may be viewed on their Merchant page. Further shipping and policy information may be available on the Merchant's listing page. If no policies are found, please report the product and Merchant to [email protected].
- Before you return any item purchased through the Erthie marketplace from a Merchant, you should remember to have a written agreement (email or contract) clearly setting the terms for your return.
- Because each Merchant runs their respective page, Company is not directly involved in transactions between individual Buyers and Merchants. If you encounter an issue with a transaction (such as a non-delivery or an item not being as described), please contact the Merchant directly to work toward a resolution. Company is unable to issue immediate refunds or accept any returns for purchases made by Buyers. If no resolution can be reached, we may intervene, in our sole discretion.
- We may update the content on this Website or App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.
(A) You may link to our Website or App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
(B) This Website or App may provide certain Social Media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website or App.
- Send e-mails or other communications with certain content, or links to certain content, on this Website or App.
- Cause limited portions of content on this Website or App to be displayed or appear to be displayed on your own or certain third-party websites.
(C) You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
(D) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
(E) We may disable all or any Social Media features and any links at any time without notice in our discretion.
If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, where applicable.
- Third Party Materials. The Website or App or Services might display, include or make available third-party content (including data, information, articles, applications, or other products, services or materials) or contain links to third party websites, services, and advertisements for third parties such as Promotions (defined below) (collectively, the "Third Party Materials"). You agree that Erthie is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Erthie does not assume nor will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third Party Materials and links (described in Section XV above) thereto are provided solely as a convenience.
- Promotions. The Website or App or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed retailers or Merchants (collectively, the "Promotions"). Promotions are treated as Third Party Materials under this Agreement. Erthie displays Promotions on its Website or App and Services, as well as direct user text messaging, as a form of advertisement for the listing retailer or Merchant only (the "Offeror"). All Promotions are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Website or App or Services. The Offeror, and not Erthie, is solely responsible for:
- Redemption of the Promotion,
- Compliance with all aspects of the Promotion and applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto),
- All goods and services it provides to you in connection with the Promotion, and
- All injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Promotion or not.
- Parties other than Company operate stores, provide services, or sell product lines through the Erthie platform, Website, and App. In addition, we provide links to the sites of affiliated companies, Merchants, and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites, landing pages, or applications (mobile and desktop). Company does not assume any responsibility or liability for the actions, product, and content of all these nor for any other third parties.
- The "Current Price" or MSRP is the suggested retail price of a product as provided by a Merchant, manufacturer, supplier or seller. We do not check Current Prices against prices found on our Website, App, or other retailers' websites or mobile applications. We further cannot warrant the accuracy for any items in any retailers' catalogue based on mispricing, stated pricing, or otherwise, because other Merchants may follow different policies in the event of a mispriced item.
The owner of the Website and App is based in the state of California in the United States. We provide this Website and App for use only by persons located in the United States. We make no claims that the Website or App or any of its content is accessible or appropriate outside of the United States. Access to the Website and App may not be legal by certain persons or in certain countries. If you access the Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including intellectual property laws.
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or App, or Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
- WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPET TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECTUING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
- This website is operated by Renewable & Sustainable Choices Inc., located at 12332 Madrona Way, Nevada City, CA.
- All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (Section X) in the manner and by the means set forth therein.
- All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]