By using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Site. In addition, when you use any of our services or offerings, you may be subject to additional guidelines and terms applicable to those services or offerings. We reserve the right to amend these Terms from time to time. All amendments will be effective upon the posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by these Terms, as amended.
By accessing the Site, you represent and warrant that you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms.
Users of the Site are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to the Site.
By accessing the Site, you agree not to:
- Use this Site for unlawful purposes;
- Impersonate any person or entity;
- Harass, threaten, or defraud users or staff of Earth Star Services or our vendors;
- Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of the Site or any other party;
- Misrepresent the source, identity, or content of information transmitted via the Site;
- Take any action that would undermine any aspect of the Site;
- Transmit to the Site any virus or other program that may damage or impair the use of our or our users’ hardware, software or equipment;
- Take any action that would inhibit any other users’ enjoyment of the Site; or
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site.
3. THIRD PARTY LINKS.
We may provide links or references to other websites or online resources but we are not responsible for and do not endorse such third party websites or resources. We do not assume responsibility or liability for the actions, products, or contents on any third party site. Please independently evaluate whether these resources are good for you – your use of such third party websites and resources is solely at your own risk.
4. INTELLECTUAL PROPERTY RIGHTS.
The Site is owned and operated by Earth Star Services. This Site and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Site provided by us (the “Materials”) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Materials on the Site are our copyrighted property.
If you create anything using our Materials, you agree that we exclusively own all right, title and interest in and to such Materials, including without limitation any modifications or derivative work based off of the use of our Materials. You further agree to assign any interest or right you may have in such Materials to us, and to provide information and execute any documents to formalize such assignment.
All trademarks, service marks, and trade names (each, a “Mark”) are proprietary to us. You agree not to use our Marks in connection with any product or service that is not ours in any manner that would likely cause confusion or discredit us or anyone else. All other Marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
These Terms permit you to use the Site for your personal use only. We grant you a limited license to access and to make personal use of the Site. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
You agree to pay all costs associated with using the Site and purchasing the services or products provided by us. The price for the services or products will be made available at the time of purchase. You further agree to our return policies as stated below.
We accept credit card payments. By submitting your order to purchase the services or products, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically.
6. DISCLOSURE REGARDING AFFILIATE LINKS
We use selective affiliate links, which means a commission is earned if you make a purchase via the link. The price you pay will be the same whether you use the affiliate link or go directly to the vendor’s website using a non-affiliate link.]
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION THAT WE PROVIDE YOU ON THE SITE IS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE STRIVE TO PROVIDE YOU WITH ACCURATE, COMPLETE AND UP TO DATE INFORMATION, BUT WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION PROVIDED ON THIS SITE. WE ASSUME NO LIABILITY FOR ANY ERRORS OR MISSTATEMENTS ON THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE.
You will defend, indemnify and hold harmless Earth Star Services, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your access, use or conduct on the Site, any content you provide or your violation of these Terms.
All client provided testimonials are authentic. The testimonials presented on our Site are applicable to the individuals depicted only and may not be representative of the experience of others. The testimonials are not paid and are not indicative of future performance or success of any other individuals. We cannot and do not guarantee any results of people utilizing the material or services provided by us on our Site.
12. GOVERNING LAW AND DISPUTE RESOLUTION.
You agree that these Terms and any dispute under these Terms is governed by the laws of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in San Diego, California, U.S.A. You waive any jurisdictional, venue, or inconvenient forum objections.
13. GEOGRAPHIC RESTRICTIONS
Earth Star Services is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
If you have any questions, comments, or concerns about these Terms, please contact us at:
Earth Star Services, LLC
1835-A South Centre City Parkway, #417
Escondido, California 92025
Last updated: May 8, 2017