Terms | Earth Friendly Apparel

Terms of Use

January 28, 2008

These Terms of Use set forth the terms and conditions governing your use of the Earth Friendly Apparel Company website at earthfriendlyapparel.net. By using earthfriendlyapparel.net in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of earthfriendlyapparel.net and do not apply to any other website or change or alter any other agreement between you and Earth Friendly Apparel Company.

Earth Friendly Apparel Company reserves the right, in its sole discretion, to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of earthfriendlyapparel.net following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. If at any time you do not agree with these Terms of Use, you must immediately stop using earthfriendlyapparel.net.

Privacy Policy
Earth Friendly Apparel Company is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy here regarding the collection and use of your information on earthfriendlyapparel.net. By using earthfriendlyapparel.net, you are consenting to the terms of our Privacy Policy.

Ownership and Use of Website Information
All information, materials, and other content located on earthfriendlyapparel.net, except noted third party materials, are the property of Earth Friendly Apparel Company and are protected under United States and international copyright laws and treaty provisions.

Restrictions on Use
You agree that you will not use the earthfriendlyapparel.net website or any content located on earthfriendlyapparel.net in any way not explicitly authorized in the preceding paragraph. If you want to use the content of earthfriendlyapparel.net in a manner that is not expressly permitted by these Terms of Use, you must obtain Earth Friendly Apparel Company’s prior written consent. To seek such consent, please contact us at legal@earthfriendlyapparel.net. Without limiting the foregoing, you agree that you will not (a) use earthfriendlyapparel.net or its contents in any way that could overburden, impair, disable or damage the Earth Friendly Apparel Company server; (b) obtain or attempt to obtain any content or information that has not been intentionally made available on earthfriendlyapparel.net; or © use any automated means, such as scripts, screen-scrapers, or website copying applications, to capture, copy, or otherwise access the earthfriendlyapparel.net website.

Earth Friendly Apparel Company reserves the right to revoke your permission to use the earthfriendlyapparel.net website at any time, and your use shall be discontinued immediately upon such notice from Earth Friendly Apparel Company. Access to earthfriendlyapparel.net may be monitored or logged without further notice to you.

Links to earthfriendlyapparel.net
You may link to the earthfriendlyapparel.net website subject to the following restrictions. You agree that you will not (a) include links to any earthfriendlyapparel.net page other than http://www.earthfriendlyapparel.net; (b) “frame” or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on earthfriendlyapparel.net; © alter or modify earthfriendlyapparel.net content, “cut and paste” or otherwise reproduce earthfriendlyapparel.net content on the website that links to earthfriendlyapparel.net; (d) misrepresent your relationship with Earth Friendly Apparel Company or the earthfriendlyapparel.net website or imply that Earth Friendly Apparel Company or the earthfriendlyapparel.net website has any connection with, or is endorsing or sponsoring, you or your website; or (e) present false, misleading or defamatory information about Earth Friendly Apparel Company or its services. You further agree that you will not link to earthfriendlyapparel.net if content on the linking site contains libelous, defamatory, obscene, pornographic, or patently offensive material. You link to earthfriendlyapparel.net at your own risk; Earth Friendly Apparel Company is under no obligation to maintain earthfriendlyapparel.net, provide or update earthfriendlyapparel.net content or otherwise support your link to the earthfriendlyapparel.net website. Earth Friendly Apparel Company may revoke its authorization for you to link to the earthfriendlyapparel.net website at any time for any reason or no reason, and you agree to remove any and all links to the earthfriendlyapparel.net website upon notice by Earth Friendly Apparel Company.

Links to Other Websites
This Website may contain links to other Web sites (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Earth Friendly Apparel Company makes no representations about websites linked from earthfriendlyapparel.net. The inclusion of any such link on earthfriendlyapparel.net does not imply that Earth Friendly Apparel Company endorses, recommends or accepts any responsibility for such sites, their content, policies, practices, products, services or companies. We encourage you to read the terms of use and privacy policies of any website that you visit, including those linked from earthfriendlyapparel.net, as their terms and policies may differ from ours.

No Endorsements
Earthfriendlyapparel.net may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Submissions
Earth Friendly Apparel Company does not want to receive confidential or proprietary information from you through its earthfriendlyapparel.net website or via email. Please note that, other than as set forth in the privacy policy, any information or material sent to Earth Friendly Apparel Company may not be treated as confidential. If you submit information or materials to us (including without limitation ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant Earth Friendly Apparel Company an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You understand that you will not be compensated or credited for any such use. You agree that you shall have no recourse against Earth Friendly Apparel Company nor any right to license fees or royalties for any alleged or actual infringement or misappropriation of any property included in your communications to us.

No Warranty

THE EARTHFRIENDLYAPPAREL.NET WEBSITE, ITS CONTENTS, AND THE SERVICES OFFERED THROUGH THE WEBSITE (COLLECTIVELY, THE “WEBSITE”) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, EARTH FRIENDLY APPAREL COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. EARTH FRIENDLY APPAREL COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability
EARTH FRIENDLY APPAREL COMPANY DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE EARTHFRIENDLYAPPAREL.NET WEBSITE, EVEN IF EARTH FRIENDLY APPAREL COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability
Earth Friendly Apparel Company may change the services and programs mentioned on or available through earthfriendlyapparel.net at any time without notice. Additionally, all services referenced on earthfriendlyapparel.net are subject to availability and qualifications. earthfriendlyapparel.net can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Earth Friendly Apparel Company intends to make such services or programs available in your country.

Trademarks, Copyrights and Restrictions
This site is controlled and operated by Earth Friendly Apparel Company at 2588 El Camino Real, F164, Carlsbad, CA 92008. The phone number is (800) 473-1297. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Earth Friendly Apparel Company, its related companies or by other parties that have licensed their material to Earth Friendly Apparel Company. Material on earthfriendlyapparel.net or any Website owned, operated, licensed or controlled by Earth Friendly Apparel Company is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Earth Friendly Apparel Company.

Jurisdictional Statement
This website is controlled, operated and intended for use only in the United States of America. We do not represent that materials on earthfriendlyapparel.net are appropriate or made available for use outside of the United States of America.

Governing Law
These Terms of Use and all matters relating to your access to, or use of earthfriendlyapparel.net shall be governed by the laws of the State of California. You agree that any legal action or proceeding between Earth Friendly Apparel Company and you for any purpose concerning these Terms of Use of earthfriendlyapparel.net or in any way related to this website shall be brought exclusively in a court of competent jurisdiction sitting in the State of California. Any cause of action or claim you may have with respect to these Terms of Use, earthfriendlyapparel.net, or Earth Friendly Apparel Company must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver
Earth Friendly Apparel Company reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. Earth Friendly Apparel Company’s failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of Earth Friendly Apparel Company’s rights.

Severability
If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.