Earth Empress Terms of Use and Privacy Policy
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.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 The material on this Website may be out of date, and we make no commitment to update such material.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.
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. 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
RETURN POLICY
Our ebooks and programs are non-refundable unless otherwise stated in sales page information or details, all sales are final. 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. Defective goods will be replaced at no additional charge with receipt by email of a digital image of the defective product within 7 days of delivery.
SHIPPING POLICY
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 at customer service at earth empress dot com so we can confirm your order and assist you.
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
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will NOT be stored on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. 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.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
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.
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 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. 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 are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
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.
Your Consent
By using our site, you consent to our online privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.
This policy was last updated on May 22, 2018.
Contacting Us
If there are any questions regarding this privacy policy you may contact us at customer service at earthempress dot com.
