Site Use and Health Disclaimer
Health Disclaimer: It is your right to educate yourself in health and medical knowledge, to seek helpful information and make use of it for your own benefit, and for that of your family. You are the one responsible for your health. In order to make decisions in all health matters, you must educate yourself. The views and nutritional advice expressed by Earth Harmony Naturals are not intended to be a substitute for conventional medical service. If you have a severe medical condition, see your physician of choice. We do not claim to "cure" disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH EARTH HARMONY NATURALS OFFERS YOU ACCESS TO OUR WEBSITE.
This Agreement describes the terms and conditions applicable to your use and/or purchase of our goods and/or services available under the domains, sub-domains of www.globalhealing.com and other websites owned or operated by Earth Harmony Naturals and/or associated entities, as well as use of the websites themselves. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website, goods and/or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Earth Harmony Naturals website. This User Agreement ("Agreement") constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter "Customer") and Earth Harmony Naturals, Inc., a Texas Corporation (hereinafter "Earth Harmony Naturals"). We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Earth Harmony Naturals, Inc. This Agreement is effective on September 30, 2003 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to September 30, 2003.
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Customer agrees to compensate Earth Harmony Naturals for any goods or services ordered through this website at the original purchase price. ex. promotions, distributors, etc.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR MANUFACTUERES PROVIDE OUR WEBSITE, GOODS AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS OR OUR MANUFACTURERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR MULTIPLIED DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF EARTH HARMONY NATURALS LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE (INCLUDING, BUT NOT LIMITED TO, THE TEXAS DECEPTIVE TRADE PRACTICES ACT AND ALL OTHER CONSUMER PROTECTION STATUTES). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF THE PURCHASE, AND (B) $100. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS PART OF THE CONSIDERATION OF THIS AGREEMENT, AND WAS SPECIFICALLY INCLUDED BY EARTH HARMONY NATURALS IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMER, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHER.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO EARTH HARMONY NATURALS, AS WELL AS HOLD EARTH HARMONY NATURALS HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS' FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH EARTH HARMONY NATURALS MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM EARTH HARMONY NATURALS SOLE OR COMPARATIVE NEGLIGENCE.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Earth Harmony Naturals, Inc., Attn: Legal Department, 1242 N Post Oak, Suite 100, Houston, Texas 77055 (in the case of Earth Harmony Naturals) or to the address you provide to Earth Harmony Naturals during the purchase process (in your case). Notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Earth Harmony Naturals to collect our fees and/or recover damages for, or to obtain an injunction relating to, the Earth Harmony Naturals website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Earth Harmony Naturals may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas necessary to protect the rights or property of Earth Harmony Naturals, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
Both parties agree that Earth Harmony Naturals is the sole owner of its website and all its contents, and that said website and contents constitute valuable intellectual property. Customer promises not to use Earth Harmony Naturals's website, nor its contents for any use, other than informational purposes intended by Earth Harmony Naturals or to purchase goods and/or services. Customer promises not to make any copy or colorable imitation of Earth Harmony Naturals's website for any purpose whatsoever. Customer agrees that in the event of a breach or threatened breach by Customer of the terms and conditions of this paragraph, Customer agrees that Earth Harmony Naturals shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining Customer from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above. Earth Harmony Naturals may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting Earth Harmony Naturals from pursuing any other remedies available to Earth Harmony Naturals for such breach or threatened breach, including the recovery of damages from Customer. Any indulgence by Earth Harmony Naturals under this Section shall not be construed to be a waiver of any of its rights hereunder.
- This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein
- This Agreement may be modified only by written attachment agreed to and executed by all of the parties hereto.
- This Agreement shall be subject to and governed by the laws of the State of Texas, with the exception of its conflict of laws provisions.
- Any waiver or forbearance by Earth Harmony Naturals of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
- This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
- If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not effect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable. You can also call 302-240-4800 for customer service.
- By checking this box, and agreeing to this disclaimer, you are providing us with a digital signature.
I acknowledge the one year money back guarantee policy on all Earth Harmony Naturals branded products and the 90 day money back return policy for all other unopened products. I also acknowledge that all non-Earth Harmony Naturals branded products are subject to a 20% restocking fee.
To qualify for a refund you must fulfill the following requirements:
- You must contact our returns department within one year of placing your order.
- To contact our returns department, email firstname.lastname@example.org.
- You will be refunded the full amount including the shipping costs if it is a Earth Harmony Naturals branded product. All other products must be unopened and in resellable condition in order to receive a refund. The products must also be returned at the customer's expense and are subject to a 20% restocking fee.
Specials, Promotions, & Offers
Offers may not be applied to any orders completed after the sale has ended or retroactively to any orders made prior to the date the promotion was sent to you. Only one offer valid per order. The maximum quantity of products the promotion will be applied to is 10.
For additional information on all products, ingredients, use, and dosages please visit our website at earthharmonynaturals.com.