Terms of Use & Privacy Policy
Terms & Conditions (In other words all the legal stuff, we want you to be a good person):
Please read these terms and conditions carefully before using this Web Site. Your use of this Web Site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, then do not use this Web Site.
Thank you for visiting EarthPowerStones. As for your information, we don't sell it to anyone else. We collect your email, numbers and address (anything that you provide) so we can send you your purchases and information regarding our products.
We try to be considerate of your personal space and don't flood your email box with crazy junk. Who needs that?
We respect your privacy and want to protect your personal information. To learn more, please read this Privacy Policy.
This Privacy Policy explains how we collect and use your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting the Site directly or through another site, you accept the practices described in this Policy.
This privacy policy applies to the Site.
We are not responsible for the content or privacy practices on any web site not operated by EarthPowerStones.com to which the Site links or that links to the Site.
INFORMATION COLLECTION AND USE
1. Information Collection.
We collect information from you in different ways on this Site. One goal in collecting personal information from you is to provide a meaningful, efficient, and customized experience.
Ordering. We use PayPal at this time. So your payments are collected thru PayPal and then transferred to us. PayPal may also ask you for your country of residence and/or your organization’s country of operation, so they can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. If we encounter a problem when processing your order, your personal information may be used to contact you.
(b) Email Addresses. If you choose to enter your email address it is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify you of your purchases and possible new products available on our site.
(c) Cookies and Other Technology, these are things that do stuff all by themselves, like tiny spiders collecting data and frankly we don't really understand all that the web is, who does? This site is designed using Wix so it's their technology that makes it possible for us to show you our wares and for you to buy them. We use their technology to bring you art. Like many sites, this Site employs cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
(i) Cookies are small pieces of information that are stored as text files by your Internet browser on your computer’s hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of the Site. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we keep a record of your browsing activity and purchase. THE SITE’S COOKIES DO NOT AND CANNOT INFILTRATE A USER’S HARD DRIVE TO GATHER A USER’S CONFIDENTIAL INFORMATION. Our cookies are not “spyware.” Thank goodness!!!!
(ii) Web beacons assist in delivering cookies and help us determine whether a web page on the Site has been viewed and, if so, how many times. For example, any electronic image on the Site, such as an ad banner, can function as a web beacon. This is google basicly telling us where you've been.
(iii) Facebook, Twitter, all the new gagets that the kids are making collect certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer's personal information collected by us.
(d) Log Files. As is true of most web sites, the Site server automatically recognizes the Internet URL from which you access the Site. We may also log your Internet protocol (“IP”) address, Internet service provider, and date/time stamp for system administration, order verification, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)
(e) Age. We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 13. If you purchase anyting for us on our Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, and rely on a parent or guardian to assist you.
2. Information Use and Disclosure.
(a) Internal Use. We use your personal information to process your order and provide you with customer service.
(b) Communications with You: We will use your personal information to communicate with you about the Site and your orders and deliveries. Also, we may send you a confirmation email when you purchase from us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
(c) External Use. We want to provide you with excellent service and to offer you a great selection. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone at this time.
(i) To help you buy products and provide customer service to you, we rely on PayPal to help us with your purchases and that way we don't have your credit card numbers or bank routing numbers. That makes us feel better knowing that you are not throwing your information willy nilly all over the place. Keep it in people!!!
(ii) If you've been naughty... We may disclose such information in response to requests from law enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use the Site for illegal reasons or to commit fraud.
(iii) We will not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business. However, it’s possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.
The Site uses PayPal and they use SSL encryption to protect your personal information online.
While Wix and Paypal use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline. Ain't that the truth! We built this site using Wix and we use their services to provide you with our lovely jewelry and art.
Upon your request, we will (a) correct or update your personal information; (b) stop sending emails to your email address; and say goodbye forever. Contact us thur our email.
Please do not email your credit-card number or other sensitive information. And never trust any suspicious email that looks like it's from us that asks for such things!!! Why would you?
More Terms of Use:
Products, Content and Specifications. All features, content, specifications, Products and prices of Products and services depicted or described on this Web Site are subject to change at any time without notice. We make all reasonable efforts to accurately display our products, including content and pricing. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations: When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. As a result, risk of loss and title for items purchased from this Web Site pass TO YOU upon delivery of purchased items to the carrier. You are responsible for filing any claims with carriers for damaged and /or lost shipments.
Accuracy of Information: We attempt to ensure that information on this Web Site is complete, accurate and current. Despite these efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than stated on the Web Site. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Web Site: You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occurs under your account or password.
Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.
Linking to this Web Site: Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Third Party Links: This Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use any such link, neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material: You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User Information: Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
* DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
* LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND EXCHANGE FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICIES POSTED ON THIS WEB SITE.
* Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
* Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
* Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us.