Terms of Use
Thank you for visiting EarthEmpress.com. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
You should check this Website from time to time to review the then-current terms and conditions, because they are binding on you and can be revised without other notice.
Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any listed terms and conditions, you should not continue to use this Website.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Effective July 2010
the Terms of Use and Privacy Policy cover all visitors to this website, all subscribers to lists, contests, or newsletters whether paid or unpaid, all members or affiliates whether paid or unpaid, all communication tool participants, and all customers. Persons who visit or view this website, subscribe to lists or newsletters, join an organization or marketing endeavour promoted by this website, purchase products sold by or advertised on this website, even at no cost, are described herein as “Visitors” and are parties to these terms. The website, its agents, owners, operators, and employees are referred to collectively herein as “Website,” “Site,” and/or “Seller”.
CONTENT
No material on this site is intended to suggest that you should not seek professional medical care. Always work with qualified medical professionals, even as you educate yourself in the field of Live Food Nutrition, Raw Food, Living Foods, and/or local and organic foods.
Earth Empress is not a medical practitioner, nor do they offer medical advice of any kind. None of the information offered here should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent any disease or condition. While the raw food diet may be discussed in the context of numerous conditions, it can be dangerous to start any health program without first consulting a health professional.
All the information provided by Earth Empress is offered as-is, for informational purposes only.
Much of the information here exists outside the realm of conventional, accepted medical practice. The user of this information assumes all risks for its use or misuse. In no event shall Earth Empress, its employees or subsidiaries be held liable for any damages stemming from the use or misuse of this information. Your health is the sum total of all your life choices and appropriate professional care and guidance should be taken as you make changes to your diet. If you have or suspect you may have a health problem, you should consult your health care provider.
Your continued reading of this website indicates your acceptance of these terms and conditions. While every attempt has been made to ensure the information on this site is accurate, it is not guaranteed to be free from typographical errors, incorrect statements, or errors in reporting or research.
DENIAL OF USE
Earth Empress reserves the right to deny access to any Visitor for any reason. Earth Empress may collect and store data and information for the purpose of exclusion and for many other uses.
All persons under the age of 18 are denied access to this website. if you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by The Child Online Privacy Act (COPA) of 1998.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
CONTACT INFORMATION
Earth Empress
279 Yonge St, PO Box 23016
Barrie, ON
L4N7W8
CA
1.800.535.6311
1.800.LEONE.11
RETURN POLICY
Earth Empress guarantees that if you are not more than satisfied with any of our programs, drop us a line within 30 days and we will refund your money, no questions asked.
Our ebooks are non-refundable unless otherwise stated in sales page information or details
If you ever want to discontinue any of our membership offerings, just let us know and we will cancel all future auto-payments for your subscription.
Physical Products may be returned at your expense within 30 days of purchase in their original, unused resellable condition with all packaging (if applicable) for a full refund, minus shipping.
Defective goods will be replaced at no additional charge with receipt by email of a digital image of the damaged product within 7 days of delivery. In some instances, we may ask you to ship the item at our expense so we can request reimbursement from our suppliers. Please do not discard of any damaged merchandise until expressly confirmed by an agent of Earth Empress.
SHIPPING POLICY
Physical products sold on this website (CDs, Books, Manuals, DVDs, etc.) can be shipped internationally. All orders are sent from our Ontario location by Canada Post. Orders within the US and Canada include delivery confirmation. International orders are not tracked or insured unless requested, and additional fees must be paid in advance of shipping, by the customer.
Orders are usually shipped within 48 hours, or on the next business day. You are always welcome to inquire on an order status and cancel a pending order if it has not yet been shipped.
Time frames for delivery will depend on the country of destination, the shipping method, and the time of the year. US and Canadian orders generally reach their destination within 1-2 weeks, and International orders within 2-3 weeks. Mail may also be delayed for a longer period.
Digital products such as e-books need to be downloaded onto your computer. After an order for a digital product has been placed, the Buyer will receive a download link by e-mail. If you have not received your electronic merchandise, please contact us immediately so we can confirm your order and ensure you receive your purchased products.
COPYRIGHT AND TRADEMARK NOTICES
All contents of EarthEmpress.com and/or its suppliers are copyrighted and all rights reserved. The names of actual companies and products mentioned may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
SERVICE
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
VISITOR MATERIAL AND CONDUCT
Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of our terms and conditions.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Earth Empress logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
We expressly reserve the right to revoke the right granted for breach of these terms and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of our terms and conditions.
LIABILITY
EarthEmpress.com and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for:
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Canadian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Ontario, Canada courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside of Canada. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside Canada, you do so at your own risk and you are responsible for compliance with local laws.
Privacy Policy
USE OF COMMUNICATION TOOLS
Earth Empress and it’s associated web sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, you agree to use these communication tools only to post, send and receive messages and material that are proper and related to the particular communication tool.
Earth Empress reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Earth Empress sole discretion.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions, or any of the content of the submission contained therein, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. Please note however, that your information will never be shared or sold to any company or entity outside of Earth Empress, except in the case of Product Partnerships where you have expressly signed up for a product created in conjunction with a partner outside of Earth Empress. In this case, your name and contact information may be shared with this party and your purchase of such product considered your interest in the third party and the initiation of a relationship between them and you.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:
VISITOR INFORMATION OBTAINED FROM ‘REGISTRATION’
Registration means that the Visitor takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter, contest or subscribe to a mailing list; it can include your participation in visitor surveys; requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.
Occasionally complete credit card information may be provided to the website via fax, telephone or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.
To register with earthempress.com or any of its subsidiaries, you must be over eighteen years of age. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and Master Card provides information to the website but does not provide complete credit card numbers. In the process of online ordering, the customer provides, name, address, city, state, email address, phone number, CVV2 (back of card) number, and, occasionally a member password. You should consider all this information available to the website. This information is used to deliver the product, but under the Purchase Agreement you also approve its use for general solicitation purposes from Earth Empress or its product partners related to your purchase.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address, your email address and that of your friend. Referred emails or web pages may appear to come from your email. You must accept full responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR SURVEYS OR CONTESTS
Unless otherwise specified in the survey or contest, you must assume that any information provided to the website as part of a survey or contest in which you participate may be used for general solicitation for commercial purposes and that such information may be shared with joint venture partners or used by the site itself for product design or solicitation purposes. Your information will never be sold or shared with any unrelated party.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’
“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.
Cookies can be used to electronically gather information about you, which may or may not be personal information. By using this site you are expressly giving permission for use of ‘cookies’ and use of the information gathered from them. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site.
HOW INFORMATION MAY BE USED
Any information collected may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or its direct product partners only.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually known to the website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. The provider of such information gives express permission to use it in fraud investigation or for litigation if required by law enforcement agencies.
Earth Empress will never sell or give your information to other companies, websites, or marketing groups without your permission.
SPAM
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
DATA SECURITY
This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
ENTIRE AGREEMENT
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.
The Terms of Use and Privacy Policy were last updated on October 7, 2010.
