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Thank you for visiting Earth School! We appreciate your interest in sustainable consumerism and are glad that you decided to visit our website.

These Terms & Conditions contain essential information regarding the rights, conditions, obligations, restriction, limitations, disclaimers, and exclusions that apply or may apply as you purchase products from Earth School and make use of our services. Please make sure you review these Terms & Conditions very carefully.  We encourage you to reach out with any questions to info@earthschoolclub.com.

AN IMPORTANT NOTE: These Terms & Condition require the binding arbitration of disputes on an individualized basis.  By agreeing to these terms and conditions, you hereby waive your rights to: (a) seek relief in a court of law; (b) have disputes decided by judge or jury; and (c) participate in a class action lawsuit against Earth School.  Please see Sections 18(b) and 18(c) for more details.

By accessing any of our Services, as defined below, you fully acknowledge and unconditionally agree to all of the following terms and conditions.

1. Definitions. Throughout our Terms & Conditions, you will see various terms capitalized. The following capitalized terms shall be defined as set forth herein:

1. “Earth School”, “we”, “us”, “our”, “Company”, and “Earth School” means Earth School, Inc., a Delaware corporation.
2. “Affiliates” means Earth School’s executives, employees, officers, contractors, consultants, attorneys, advisers, investors, board members, directors, partners, joint ventures, parents, subsidiaries, successors, assigns, and any controlling and/or acquiring individual and/or entity and each of their respective affiliates.  For the avoidance of doubt, “Affiliates” does not include manufacturers of Products.
3. “Buyer”, “You”, “your”, “yourself” and “user” refers to you, the individual, as well as any entity, individual, and/or organization on whose behalf you are acting.
4. Payment Information means any financially-sensitive information that can be utilized to facilitate a Product purchase, including without limitation credit/debit card information, bank account information, PIN numbers, and expiration dates.
5. “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.  Examples of your Personal Information include your name, email address, street address, shipping address, and phone number.
6. “User Content” refers to any text, photos, messages, images, illustrations, video, audio, and multimedia you create, modify, post, provide, upload, send, and/or share in connection with our Services.  This includes but is not limited to photos or videos of one or more Products that you share with Earth School, via email, our website, our social feeds, or otherwise, as well as any comments you post in connection with our services, and suggestions, ideas, and feedback you disclose to Earth School.  User Content specifically does not include any user passwords, Personal Information, or Payment Information – those items are subject to their own rules, as explained in our Privacy Policy – unless such information appears (against our recommendation) in a public-facing, photo, image, item of text, audio file, video, or multimedia item.
7. “PF Content” refers to any all code, content, materials and information that are included in and/or available through our Services – except your User Content – in various formats, including, but not limited to, images, illustrations, photographs, posters and banners, messages, videos, audio, software, multimedia, data, text, and any other intellectual property included in our Services.
8. “Digital Services” means Earth School’s software applications, websites, emails, blogs, text and SMS messages, social media accounts, feeds (e.g. Real Simple Syndication feeds, Atom feed), and other digital services, as well as all PF Content (e.g. photos, videos, product descriptions and reviews, promotions, advertisements, articles, information) available through our Digital Services.
9. “Product(s)” refer to any and all products listed and/or offered for sale by Earth School.
10. “Services” means any and all services arising out of and/or relating to the sale of Products by Earth School, including without limitation our Digital Services.
11. “Party” means each of you and Earth School.
12. “Parties” means you and Earth School, collectively.

1. You Must Be Eligible to Use Our Services.

1. Eligibility. By accessing our Services, you warrant and represent that you possess the full rights and/or authorization to agree to these Terms & Conditions, and to agree to and make payment on any Product purchase you make, whether for your own benefit or the benefit of a third party.  By accessing our Services, you further warrant and represent that you possess the full rights and/or authorization to authorize the use of your User Content, and to submit any financial information and Personal Information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be older than thirteen (13) years to use any of our Services.
2. Non-Eligibility. Earth School reserves the right to restrict, suspend, and/or terminate your access to our Services – and cancel any purchases – for any violation of these Terms & Conditions. In addition to those currently restricted, suspended or prohibited, you shall not use our Services if you are:

1. Acting on behalf of, affiliated with, or closely connected to a past, present, and/or imminent competitor of Earth School;
2. Acting on behalf of an entity, person, or organization without authorization;
3. Under a legal obligation that restricts and/or precludes your use of our Services; and/or
4. Otherwise unwilling to fully agree to, and follow all of these Terms & Conditions.

1. No Guarantees re: Eligibility. Earth School makes no warranty or covenant that each and every user satisfies our eligibility criteria; you recognize and agree that ineligible individuals may nonetheless access our Services.
2. Immediate Termination. If you are or become ineligible pursuant to this Section 2, you must immediately close your browser window, refrain from any further use of our Services, and notify us that you are terminating use of our Services. If you terminate your use of our Services for any reason, including without limitation due to ineligibility, you agree to send an email with the subject “End Use” to info@earthschoolclub.com, along a brief explanation regarding your ineligibility and/or other reasons for termination.

1. Basic Standards of Conduct.

1. Summary of Standards. If you abide by the Golden Rule, our Basic Standards of Conduct should be easy to follow.  Nonetheless, here are a few key points to help you along the path:

1. Treat Earth School, our Affiliates, our service providers, and our community members kindly and respectfully.  
2. Keep your User Content decent, non-disparaging, and constructive.  
3. All info you provide must be complete, truthful, and up-to-date.
4. Do not attempt to disrupt our tech, or misappropriate our I.P.

1. You Must Make Proper Use of Our Services.  You agree that your use of our Services – including but not limited to acts and/or omission relating to a Product purchase –  shall not directly or indirectly constitute, involve, attempt, aid, support, incite, encourage, advise, bring about, and/or facilitate any of the following:  

1. A violation or circumvention of any applicable law, rule, regulation, or standard of conduct, whether local, state, federal, international, or foreign;
2. An unlawful, unfair, and/or deceptive business act, practice, or scheme;
3. Identity theft, impersonation, misrepresentation, fraud, or the reckless or knowing provision of false, incomplete, inaccurate, and/or outdated information;
4. A violation of the rights of Earth School, our Affiliates, or any third party (e.g. rights to intellectual property, privacy, publicity).
5. Threats, stalking, intimidation, bullying, hate speech, political speech, trolling, and/or any other harassing or abusive conduct;
6. Obscenity, vulgarity, nudity, pornography;
7. Any implication of endorsement or affiliation with Earth School;
8. Any attack on the character, reputation, brand identity, quality, performance or history of any person, entity, or organization (e.g. defamation, disparagement), notwithstanding any honest and good-faith Product review;
9. The circulation of malicious file, programs, content, and/or code (e.g. spamming, phishing, harvesting, unauthorized advertisements, viruses, Trojan horses, spyware, worms, Easter eggs, time bombs);
10. The unauthorized disclosure of Personal Information and/or financial information, or other confidential or sensitive information;
11. An imminent or actual breach of any pre-existing legal obligation, including without limitation of a breach of these Terms & Conditions;
12. Interference with an existing business relationship and/or contract; or
13. Tortious conduct not previously described.

1. You Must Respect Our Technology & Operations.  

1. Proper Working Order.  You agree that you shall not attempt to or actually disrupt, manipulate, or otherwise interfere with the proper working order of any servers, networks, systems, equipment, and other technologies belonging to Earth School, our Affiliates, and/or any of our third party providers.  Under no circumstances shall you attempt to, or actually disrupt, alter, or modify any aspect of our Services or the services of our Affiliates and/or third party providers, including, but not limited to, disruption of our websites, inventory management system, social accounts, and online storefront technology.
2. Public Interface Only. You shall utilize only those interfaces publicly provided by Earth School, its Affiliates, and its third party providers, when interacting with our Services; you shall not use any application programming interface to access our Services.  You shall only access that which Earth School, its Affiliates, and its third party providers deliberately make publicly available, within the bound of reasonably intended use.  You shall not attempt to, or actually access any information, data, code, and/or other material belonging to Earth School, it Affiliates, and/or its third party providers that is not intended for public access and/or consumption– through hacking, password mining, and/or another breach of authentication and/or security.   Likewise, you are not allowed to test or probe the security or vulnerability of our Digital and
3. Excessive Load. Your use of our Services shall not impose any excessive load or unreasonable demand – per our determination – on the infrastructure, systems, servers, or other technology and operations of Earth School, its Affiliates, and/or its third party providers.
4. Reverse Engineering. You shall not attempt to or actually reverse engineer, decompile, duplicate, decipher, disassemble, translate, modify, mimic, render generically, or otherwise derive the code underlying any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law.  This clause includes, but is not limited to, reverse engineering, duplicating, mimicking, and/or rebranding any Products offered for sale, as well as any technology relating to our Digital Services.

1. Earth School’s Data, Information, IP Materials, Code & Content. You agree that you are strictly forbidden from the following with respect to PF Content.

1. Displaying, publishing, transmitting, licensing, sublicensing, distributing, exhibiting, and/or making commercial use of these items beyond our prior express written consent and without the express written consent of the Content’s rightful owner;
2. Downloading, extraction, copying, indexing, and/or collection of these items (including, without limitation, use of a robot, spider, data miner, crawler, scraper or similar tool);  
3. Duplication, rebranding, and/or derived usage of these items;
4. Deleting or modifying the substance and/or appearance of these items;
5. Displaying these items out of context, obscuring them, including them alongside objectionable content, or otherwise failing to present them as fully intended;
6. Using these items to develop applications, services, websites, or any other functionalities that leverage the Services; and
7. Any other manual and/or automated means of improper access or retrieval.

1. Public Search Engine Exception: Operators of public search engines are hereby granted permission to use spiders for the sole and limited purpose of developing a publicly available searchable index of the content and information appearing in publicly-facing areas of our online properties – and are granted such permission only to the extent necessary to create such an index.  Public search engine operators are not granted permission to create caches or archives of the indexed content.  Earth School reserves the right to limit, suspend, or revoke this permission at any time, for any reason, without notice, at its sole discretion.
2. Limit: One Account per Person. Earth School reserves the right to require that you register to use part or all of our Services. You are allowed to create a single account for yourself, as a natural person.  You may create an additional account for each entity/person who authorizes you to agree to these Terms & Conditions with prior express written authorization.  Earth School reserves the right to reject or require a change as to your registration information (e.g. username, password, email account), for any reason, at its sole discretion.
3. Each User Is Responsible for His/Her/Its Own Account, User Content, & Information.   Your account, User Content, passwords, Personal Information, and Payment Information are your responsibility.  You and you alone are responsible for all actions and omissions arising out of, and/or relating to your account, User Content, and/or use of our Services.   Any User Content or information you provide to us is at your own risk of liability, harm, loss, damages, expenses, fees, costs, and/or fines – Earth School. shall not be responsible or liable for your User Content.
4. Responsibility for Your Account & Information.  Access to and use of certain functionalities of the Digital Services may require you to register for a user account with us. If you decide to register an account with us, you agree to provide us with accurate, complete and current information about yourself during account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Products, Services, or Digital Services. Any information (including Personal Information, Payment Information) that you provide to us is at your own risk. You agree to keep your log-in information confidential and secure at all times.  Except to the extent that Earth School offers express written consent to the contrary, you agree that Earth School is not liable for any loss or damage that results from the unauthorized use of your account, either with or without your knowledge you and you alone are fully responsible for any failure to safeguard your information or for permitting any other individual, entity, or organization to access or use our Services via your account; you agree that we may attribute all use of your account to you, and you hereby accept any and all such attribution. You agree to notify us immediately at info@earthschoolclub.com if you suspect any unauthorized use of your account or any other breach of security. We have the right to cancel or suspend your registration at any time, for any reason, as determined in our sole discretion.
5. Unsavory Conduct.  There is always a chance that, during the course of using our Services, you may encounter people, behavior, interactions, content, and/or other material that you consider inaccurate, objectionable, inappropriate, hostile, indecent, or worse.  You acknowledge and agree that you use our Services at your own risk of encountering such people, behavior, interactions, content, and/or other material; you acknowledge and agree that you shall not, under any circumstances, hold Earth School or its Affiliates responsible or liable in connection with such persons, behaviors, interactions, content, and/or other material.
6. Notice to Parents.  You are hereby notified, pursuant to 47 U.S.C. Section 230(d), that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors; though Earth School does not endorse any parental control site or application, for information about current providers, you can visit: http://kids.getnetwise.org and http://onguardonline.gov/.
7. Non-Audit of Content.  Earth School does not guarantee that we will audit, analyze, or review User Content or other third party content before it goes live. Neither Earth School, nor its Affiliates is in any way responsible for what is published as User Content or other third party content in connection with our Services, and we are under no obligation to edit or control User Content or other third party content.  While we like to make efforts to help our users, we make no warranties or representations regarding responding to User Content issues, third party content issues, or other issues arising out of, or relating to our Services; it is possible that your issue may go unaddressed.  That said, we reserve the right to delete any User Content, including your own, or any other content at any time for any reason, without notice, in our sole discretion.
8. Linking & Deep Linking to Earth School.  You agree that you will not link to our Digital Services (including but not limited to our website) in an effort to disrupt, obstruct, harass, defame, unfairly profit from, or otherwise harm us.  Furthermore, you agree that deep linking to our Digital Services is strictly prohibited without our prior express written consent.
9. Report Suspicious or Improper Conduct. You agree to immediately notify Earth School of any known or suspected: (a) unauthorized use of your account, (b) breach of Earth School‘s security, (c) improper usage of our Services, or (d) other violation of these Terms & Conditions. You can make such a report by emailing info@earthschoolclub.com.  with the subject line “Improper Conduct” and a detailed account of the issue.  
10. Framing & Hidden Technology.  You may not utilize framing or mirroring techniques to enclose any Earth School trademark, logo, image, text, layout, format, or other proprietary information or intellectual property, without our prior express written consent. You may not utilize any “hidden text” (e.g. meta tags) that references Earth School‘s proprietary information or intellectual property without our prior express written consent.  You may not remove any proprietary notices in connection with our Services or attempt to disable, bypass, modify, or otherwise circumvent any digital rights management or security system used in connection with our Services.
11. Editing & Deleting Your User Content.  With respect to the User Content you create, distribute, or otherwise submit or disseminate in connection with our Services – such as photos, videos, messages, comments, and posts – you cannot revise or delete that which has been submitted to Earth School.  
12. User Content Is Public.  Your User Content is considered non-confidential in its entirety – it may be publicly displayed and circulated, discovered, attributed to you, and/or used by Earth School and its Affiliates as described in these Terms & Conditions (including our Privacy Policy).  You acknowledge and agree that neither Earth School nor its Affiliates controls or is responsible for the use of your User Content by any third party.

1. Your Rights

1. License to Use Services.  Provided that you fully agree to these Terms & Conditions – and are capable of conducting yourself in accordance with them at all times– you will be granted a limited, non-exclusive, non-sublicensable, non-transferable, non-delegable, non-assignable, fully revocable license to access and make use of our Digital Services, strictly as intended, in accordance with these Terms & Conditions. Earth School reserves the right to limit, suspend, or revoke this license at any time, for any reason, in its sole and absolute discretion, without prior notice or warning.  
2. Single Copy.  You acknowledge and agree that you allowed to make a single copy of the content available through our Digital Services for non-competitive use in learning about, evaluating, and making good-faith use of our Services, provided that you any such copy must be accompanied by a clear, complete, unmodified, and unobscured copy of these Terms & Conditions – and that these Terms & Conditions shall control use of said copy.
3. Termination by You.   If you wish to terminate your account and/or cease usage of Earth School‘s Services, you may do so at any time; simply send an email to info@earthschoolclub.com from the email address you use in connection with Earth School (or in lieu of such an email address, your primary email address) and include the subject line “End Use”, along with a few details about your reason for ceasing all further use.   You acknowledge and agree that termination, by either Party or both, has no impact on Earth School‘s ability to maintain and use all User Content and any other information, material, and data you have transmitted to Earth School within the bounds of these Terms & Conditions, including without limitation our Privacy Policy.

1. Our Rights

1. Terms, Services & Access.  Earth School reserves the right to do any and all of the following, in its sole discretion, at any time, for any reason, effective immediately, without liability, cause, notice, or preservation obligation:

1. Add to, remove, or modify any and/or all of our terms and conditions (including, but not limited to, these Terms & Conditions and our Privacy Policy) – in which case, your subsequent access and/or use of our Digital Services constitutes acceptance of the amended term(s);
2. Suspend, discontinue, remove, interrupt, restrict, update, improve, or otherwise modify (a) our Services, (b) features, functions, details, and/or portions of our Services,  and (c) material, data, information, code, and/or content arising out of, or relating to our Services – including, without limitation, the right to freely  modify, revise, and each Product’s price, description, specifications, availability, lead time, available quantity, minimum and maximum quantity, and any accompanying photos, descriptions, and images.
3. Refuse, suspend, interrupt, terminate, ban, restrict, or otherwise modify your, or any other person’s, access to and/or ability to use our Services and any features, functions, details, and portions thereof.

1. Rejection of Modifications.  If you do not wish to be bound by modifications relating to our Terms & Conditions (including without limitation our Privacy Policy), Services, or access rights, you must stop using our Services immediately and cease from all further usage of our Services  You further agree to email info@earthschoolclub.com with the subject “End Use” and details about your reason for ceasing all further use of our Services.
2. No Obligation to Act/Refrain.  Earth School is under no obligation – and shall face no penalty, liability, damage, claim, suit, or loss – to take action or refrain from taking action with respect to maintaining, updating, modifying, improving, and/or providing: (a) our Services; (b) features, functions, details, or portions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of, or relating to, our Services, including without limitation the PF Content.
3. License to Earth School.  Subject to the terms and conditions set forth in our Privacy Policy, you hereby grant a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, worldwide license to exercise any and all rights you may have as to any content (including without limitation your User Content), data and information arising out of and/or relating to your use of our Services, including, without limitation, data and information concerning the browsing of our website, the purchase of Products, the receipt of Products, and your usage of Products.  Likewise, you agree that Earth School may, at our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your content (including without limitation your User Content), data and information arising out of and/or relating to your use of our Services throughout the world, in any form or medium (whether now known or later developed), and in any manner, fashion and/or context we wish.  You further agree that you waive any moral rights – including, but not limited to, the rights of attribution – in connection with any content and any data and information arising out of and/or relating to your use of our Services, though Earth School reserves the right to attribute your User Content to you in its sole discretion, at any time, for any reason.  Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to these Terms & Conditions.
4. Handling Your Information & User Content.  You agree that Earth School may store, save, retain, delete, or destroy any and all content, information and/or data it collects – including but not limited to your User Content and any data concerning your Personal Information and Payment Information – as it deems fit, with or without notice or cause, effective immediately.  Specific details about how we use your information – including your personally-identifying and Payment Information – can be found in our Privacy Policy.
5. All Rights Reserved. All PF Content is the property of Earth School or one or more third-parties.  PF Content is protected by the copyright laws, trademark laws, patent laws, and other intellectual property laws of the United States and other countries – and you acknowledge and agree all copyrights, trademark rights, and other proprietary rights and interests arising out of, and/or relating to, the PF Content are owned by us or our licensors to the fullest extent permitted under applicable law.  Except as expressly authorized in these Terms & Conditions or with our prior express written consent, you may not use, download, upload, copy, print, enter into a database, exhibit, display, transmit, broadcast, perform, sell, lease, rent, reproduce, republish, license or sublicense, post, duplicate, create derivative works from, transmit, distribute, share, or otherwise exploit or make commercial use of any PF Content, in whole or in part.  You further acknowledge and agree that all rights in the Earth School name, trade names, logos, service marks, trade dress, slogans, and designs – regardless of the size of the print or the presence of a legal designation (e.g., ™ or ®) – are the exclusive property of Earth School and/or its licensors, and are protected by United States and international law from reproduction, imitation, confusing and/or misleading usage, dilution, and/or any other unfair usages.  Nothing expressly stated or implied by these Terms & Conditions – or by our Services in general – shall give you any right, license, or other form of permission to use the Earth School name, or any trade names, logos, service marks, trade dress, slogans, and designs that belong to Earth School and/or our licensors; your use or misuse of intellectual property belonging to Earth School and/or its licensors is hereby expressly prohibited.  If you wish to obtain permission to use Earth School‘s trademark or other PF Content, or if you have any questions about these Terms & Conditions, please direct your inquiries to us at info@earthschoolclub.com. Furthermore, you acknowledge that the Products sell may be protected by patent laws and other intellectual property laws of the United States and other countries; nothing expressly stated or implied by these Terms & Conditions – or by our Services in general – shall give you any right, license, or other form of permission to use the patents connected to the Products we sell; your use of intellectual property belonging to Earth School, its Affiliates, its licensors, its suppliers, its manufacturers, and any other related parties  is hereby expressly prohibited, unless otherwise authorized express approved in writing.
6. Messages & Notifications to Our Community.  For the purpose of service messages and notices intended for general consumption, we reserve the right to contact you through any means we choose, including by mail, telephone, email, social media, or website banner; you agree that any means of contact we choose will suffice for the purpose of providing adequate, timely legal notice.
7. Catch-All.  To the fullest extent permitted by law, Earth School reserves any and all rights and interests relating to our Company, our Affiliates, and our property which were not expressly enumerated in these Terms & Conditions, including, but not limited to, rights relating to ownership, title, copyright, patent, proprietary rights, and trademark.

1. Survival.  All terms and conditions in these Terms & Conditions which are reasonably intended to survive beyond the lifespan of the Parties’ transaction shall so survive, regardless of whether there is payment and delivery in full.  This includes, without limitation, the terms and conditions set forth in the following Sections: Section 1 (“Definitions”); Section 3 (“Basic Standards of Conduct”); Section 5 (“Our Rights”); Section 6 (“Survival”); Section 7 (“Privacy Policy”); Section 10 (“Acceptance, Returns & Cancellations”) Section 11 (“Risk of Loss & Passage of Title”) Section 12 (“Restrictions on Resale and Export”); Section 14 (“Warranties & Disclaimers”); Section 15 (“Limitation of Liability”); Section 16 (“Indemnification”); Section 17 (“Injunctive Relief”); Section 18 (“Procedural Considerations”); and Section 20 (“Miscellaneous”). Each surviving term and condition shall survive until its purpose is fulfilled and/or no longer applicable – or, otherwise, indefinitely.  To the extent any of the foregoing terms, conditions, and/or policies contain one or more provisions which are not applicable as to this Section 6 (“Survival”), the Parties acknowledge and agree that the inapplicable provision(s) shall simply be severed from interpretation, and that the rest of the provisions shall survive as described in this Section 6.
2. Privacy Policy.  Earth School respects and honors your privacy rights. We strongly recommend that you carefully review our Privacy Policy, as linked here. This Privacy Policy governs how we collect and use your information.  Our Privacy Policy is incorporated by reference into these Terms & Conditions; by agreeing to our Terms & Conditions, you acknowledge and fully agree to be bound by the terms and conditions set forth in our Privacy Policy.
3. Prices, Billing, and Payment Terms.  

1. Prices.  You agree that you shall purchase Products from Earth School at the prices listed in your purchase confirmation at the time of checkout (“Prices”).
2. Taxes.  All Product Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any authority on amounts payable.  You acknowledge and agree that you are responsible for all such taxes, duties, or charges as specified at the time of checkout – and you promise that you shall promptly reimburse Earth School to the extent we are required to pay any such taxes, duties, and charges.
3. Fees.  All Product Prices are exclusive of any shipping and delivery fees.  You acknowledge and agree that you are responsible for all shipping and delivery fees specified at the time of checkout.
4. Payment Terms.  You agree to authorize Earth School to fully and immediately charge your designated payment provider for the amount listed in your purchase confirmation at the time of checkout, including, without limitation, all applicable taxes, duties, charges, shipping and delivery fees. You accept and permit that Earth School may provide your Payment Information and Personal Information to financial services providers, shipping/delivery carriers, and other third parties necessary to facilitate your purchase of Products.  You warrant and represent that: (i) any Personal Information and Payment Information (e.g. credit card info, bank info) you have supplied and will supply to Earth School is true, correct and complete; (ii) you have been and will continue to be fully authorized to make use of any and all accounts and Payment Information used by you in connection with our Services; and (iii) any charges you have incurred and will incur in connection with our Services shall be honored by your financial institution.
5. Errors in Processing Your Purchase.  Earth School strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability; this includes, without limitation, mistakes as to the availability of any Product, as well as overcharges and undercharges on the pricing of any Product or shipping/delivery costs.  Earth School reserves the right to correct any such errors or mistakes and to cancel and refund any orders arising from such occurrences, even if Earth School has already requested or received payment.

1. Shipments; Delivery.

1. Shipping.  The Parties agree that delivery of the Products within the United States will be made F.O.B. (Shipping Point) and that delivery of the Products outside of the United States will be made EXW (Incoterms 2020), each to the location specified in your purchase confirmation at the end of the checkout process. You acknowledge and agree that Earth School reserves the right to refuse to ship Products to any particular location, locality, county, state, region, province, country, or continent – at any time, for any reason, for any period of time, subject to our sole discretion – and will issue you a refund for any amounts paid on a purchase we refuse to ship. You acknowledge and agree that you shall not hold Earth School or its Affiliates liable or responsible in connection with any effort to ship, deliver, and/or transport one or more purchased Products across local, county, state, regional, provincial, and/or international lines.  You acknowledge and agree that Earth School may, in our own discretion contract, with any third party partner we choose for shipping and delivery of Product(s).  
2. Lead Time.  Although Earth School aims to meet estimated shipping and/or delivery dates, as provided at the time of checkout, Earth School does not warrant or guarantee any shipping/delivery date or timeframe.  Earth School will use commercially reasonable efforts, subject to availability, to ship all Products within four (4) weeks of Earth School‘s receipt of full payment for the Products.  
3. Partial Shipments.  You acknowledge and agree that Earth School may, in its sole discretion, make partial shipments of Products to you, staggered over time, without penalty or liability.

1. Acceptance, Returns & Cancellations.  ALL SALES ARE FINAL.  You acknowledge and agree that, except as provided under our Return & Cancellation Policy (“RCP”), all sales of Products are made on a one-way basis; you have no right to return, receive a refund for, or receive credit for Products purchased under these Terms & Conditions. Our RCP is incorporated by reference into these Terms & Conditions; by agreeing to our Terms & Conditions, you acknowledge and fully agree to be bound by the terms and conditions set forth in our RCP.  
2. Risk of Loss & Passage of Title.  The right, title, and interest in and to any Product you purchase – along with the risk of and responsibility for any loss, damage, and/or destruction as to any Product – shall pass to you upon the earlier of Earth School‘s delivery to the carrier or delivery into storage, regardless of any conflict freight terms between you and Earth School and/or its Affiliates, whenever and however established.  You agree that any claims, disputes, controversies, and/or causes of action for loss or damage in transit shall be made by you directly against the carrier; you agree that Earth School shall not be responsible for bringing or defending against any such claims, disputes, controversies, and/or causes of action. 
3. Restrictions On Resale and Export.  You represent and warrant that neither you nor any person, entity, or organization to whom you provide one or more of our Products shall resale or export any Product or indirectly encourage, incite, support, or engage in the resale or export of any Product without Earth School prior express written consent.
4. Your Representations and Obligations.  You represent and warrant to Earth School that:

1. YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY PRODUCTS, WHETHER IN TERMS OF OPERATING COSTS, PHYSICAL HEALTH AND WELL-BEING, GENERAL EFFECTIVENESS, OR SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY Earth School, BY WAY OF ADVICE OR OTHERWISE, RELATED TO THE USE OF THE ITEMS.
2. You represented that you have assessed and confirmed and/or will assess and confirm –  prior to your purchase of one or more Products – the viability and appropriateness of the Products, especially as they relate to your specific needs and whether they comply with applicable laws, rules, requirements and expectations given the settings and location(s) where the Products are intended to be received, transported, stored, distributed, and/or used.  
3. When applicable, you agree to assume all responsibility for shipments of Products requiring any government import clearance.

1. Warranties & Disclaimers

1. TO THE FULLEST EXTENT LEGALLY PERMITTED, Earth School DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS.  However, a Product that you purchase may be accompanied by a manufacturer’s warranty.  You acknowledge and agree that all matters relating to any manufacturer’s warranty run strictly between you and the manufacturer; to the extent you wish receive warranty coverage, you agree to follow the instructions included in the manufacturer’s warranty, if any, to obtain warranty service, including but not limited to, as warranty services relates to any Product defects.  YOU AFFIRM THAT Earth School SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS, IF ANY, TO YOU AND/OR ANY THIRD PARTY.  You further acknowledge and agree that neither the listing nor the availability of any Product is intended to indicate or reflect an affiliation with or endorsement of any product, service, manufacturer, supplier, or distributor.
2. DISCLAIMERS.  To the fullest extent permitted by applicable law, you acknowledge and agree that:

1. ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  
2. Earth School SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU OR ANY THIRD PARTY.
3. Earth School AND ITS AFFILIATES DISCLAIM ANY DUTIES, RESPONSIBILITIES, LIABILITIES, AND OBLIGATIONS IN CONNECTION WITH ANY “FORWARD-LOOKING STATEMENT” WE MAKE.
4. NEITHER Earth School NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY OR RELATED RIGHTS AS THEY ARISE IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES.  
5. NEITHER Earth School NOR ITS AFFILIATES MAKES ANY PROMISES, COVENANTS, OR WARRANTIES REGARDING THE ACTS AND OMISSIONS OF ANY THIRD PARTY.  THIS INCLUDES, WITHOUT LIMITATION, THE ACTS AND OMISSIONS OF ANY CARRIER FOR SHIPPING/DELIVERY AND/OR ITS PERSONNEL, AS WELL AS THE ACTS AND OMISSIONS OF ANY FINANCIAL SERVICES PROVIDERS WE USE TO FACILITATE OUR TRANSACTIONS.  
6. NEITHER Earth School NOR ITS AFFILIATES WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, USE, OR EFFICACY OF ANY PRODUCT –GENERALLY OR WITH RESPECT TO ANY INDIVIDUAL’S (INCLUDING YOUR OWN) SPECIFIC NEEDS OR INTENDED USE OF THE PRODUCTS – AND OUR WEBSITE AND OTHER MEDIA PROPERTIES DO NOT INTEND TO CONVEY SUCH A REPRESENTATION. NEITHER Earth School NOR ITS AFFILIATES WARRANTS OR REPRESENTS THAT THE PRODUCTS WILL MEET OR SATISFY ANY LAWS OR REGULATORY RULES OR GUIDELINES.
7. NEITHER Earth School NOR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION, DATA, MATERIALS, AND CONTENT AVAILABLE THROUGH OUR SERVICES WILL BE ACCURATE, PRECISE, COMPLETE, RELIABLE, AND/OR UP-TO-DATE.
8. YOU ACCORDINGLY ACKNOWLEDGE AND AGREE THAT Earth School MAKES NO REPRESENTATIONS REGARDING THE EXISTENCE OR NATURE OF ANY DEFECTS IN THE MANUFACTURING, DESIGN, MATERIALS, PACKAGING, DESCRIPTIONS, BOXTOP LANGUAGE AND INSERTS, OR WORKMANSHIP OF ANY PRODUCT WE OFFER FOR SALE (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT(S) YOU HAVE PURCHASED AND/OR WILL PURCHASE). YOU FURTHER AGREE THAT YOU SHALL NOT HOLD Earth School LIABLE OR RESPONSIBLE FOR ANY CLAIMS, CAUSES OF ACTION, OR CONTROVERSIES ARISING OUT AND/OR RELATING TO ANY OF THE AFOREMENTIONED DEFECTS.  
9. INSOFAR AS Earth School PROVIDES ANY WEIGHTS, DIMENSIONS, MEASUREMENTS, COLORS, OR ANY OTHER DESCRIPTIONS AS TO OUR PRODUCTS, THOSE ARE MERE APPROXIMATIONS FOR YOUR CONVENIENCE, WITH NO GUARANTEE AS TO ACCURACY, PRECISION, FREEDOM FROM ERROR, OR MANNER OF APPEARANCE.
10. Earth School, ITS AFFILIATES, AND SERVICE PROVIDERS USE CERTAIN PHYSICAL, MANAGERIAL, AND TECHNICAL SAFEGUARDS DESIGNED TO PRESERVE THE SECURITY OF, AND SAFEGUARD AGAINST UNAUTHORIZED ACCESS TO, PERSONAL INFORMATION, FINANCIAL INFORMATION, AND OTHER SENSITIVE INFORMATION THAT WE MAINTAIN IN CONNECTION WITH YOUR USE OF OUR SERVICES. THIS, HOWEVER, DOES NOT GUARANTEE THAT YOUR PERSONAL, FINANCIAL, AND OTHER SENSITIVE INFORMATION WILL BE PROTECTED AGAINST UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION, OR DESTRUCTION BY ANY BREACH OF OUR PHYSICAL, TECHNICAL AND/OR MANAGERIAL SAFEGUARDS. EVEN WITH THE MOST RIGOROUS INFORMATION SECURITY STANDARDS, NO STORAGE OF INFORMATION OR TRANSMISSION OF DATA OVER THE INTERNET CAN BE 100% SECURE. Earth School AND OUR AFFILIATES DISCLAIM ALL LIABILITY IN CONNECTION WITH ANY UNDESIRED AND/OR HARMFUL DISCLOSURE AND/OR USAGE OF YOUR PERSONAL INFORMATION, PAYMENT INFORMATION, AND/OR OTHER SENSITIVE INFORMATION.
11. OUR MANUFACTURERS, SUPPLIERS, CARRIERS, AND OTHER THIRD PARTIES PROVIDERS MAY IMPOSE THEIR OWN DISCLAIMERS, WAIVERS, AND/OR LIMITATIONS.  YOU THEREFORE AGREE THAT THE DISCLAIMERS, WAIVERS, AND LIMITATIONS APPEARING IN THESE TERMS & CONDITIONS WILL ONLY SERVE TO SUPPLEMENT– AND IN NO MANNER DIMINISH, ELIMINATE, OR SUPPLANT – THE FORCE AND EFFECT OF DISCLAIMERS, WAIVERS, AND/OR LIMITATIONS OF OUR THIRD PARTY PROVIDERS, EXCEPT TO THE EXTENT SUCH THIRD-PARTY WAIVERS, DISCLAIMERS, AND/OR LIMITATIONS FURTHER LIMIT Earth School’s RESPONSIBILITY AND/OR LIABILITY.  INSOFAR, AS THERE IS ANY CONFLICT BETWEEN A DISCLAIMER, WAIVER, AND/OR LIMITATION BY Earth School AND A DISCLAIMER, WAIVER, AND/OR LIMITATION, THE DISCLAIMER, WAIVER, AND/OR LIMITATION BY Earth School SHALL CONTROL.

1. Limitation of Liability.

1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Earth School OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND/OR RELIANCE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Earth School HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Earth School’s AND ITS AFFILIATE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, WHETHER ARISING OUR OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF: (A) THE AMOUNT PAID FOR THE SUBJECT PRODUCT(S), INCLUDING ANY SHIPPING, DELIVERY, PICKUP, AND RETURN COSTS; OR (B) $25.00.
3. The limitation of liability set forth in Sections 15(a) and 15(b) shall not apply to death or bodily injury resulting from Earth School‘s acts or omissions.  The limitation of liability set forth in Section 15(b) shall not apply to liability resulting from Earth School‘s gross negligence or willful misconduct.

1. Indemnification.  YOU HEREBY AGREE TO INDEMNIFY, DEFEND (INCLUDING REASONABLE ATTORNEY’S FEES), AND HOLD Earth School AND ITS AFFILIATES HARMLESS IN CONNECTION WITH ANY AND ALL THIRD PARTY DISPUTES, CONTROVERSIES, AND CLAIMS FOR DAMAGES, HARMS, DEBTS, LOSSES, LIABILITIES, STATUTORY REMEDIES, FINES, FEES, COSTS AND EXPENSES AND/OR PENALTIES ARISING OUT OF AND/OR RELATING TO: (A) YOUR PURCHASE OF ONE OR MORE PRODUCTS FROM Earth School; (B) YOUR USE/MISUSE OF ONE OR MORE PRODUCTS AND/OR SERVICES OFFERED BY Earth School AND ANY ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH; (C) THE SHIPMENT, DELIVERY, STORAGE, TRANSFER, AND/OR DISTRIBUTION OF  ONE OR MORE PRODUCTS PURCHASED FROM Earth School; (D) YOUR BREACH OF ANY OF THE WARRANTIES AND/OR REPRESENTATIONS SET FORTH IN THESE TERMS & CONDITIONS; AND (E) YOUR PROVISION OF ONE OR MORE ITEMS PURCHASED FROM Earth School TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO MATTERS RELATING TO THE USE/MISUSE OF SUCH PRODUCT(S) AND ANY ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH.  THE AFOREMENTIONED EXCLUDES MATTERS RESULTING FROM Earth School’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  BUYER AGREES THAT Earth School AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY MATTER WHERE BUYER MUST PROVIDE INDEMNIFICATION.
2. INJUNCTIVE RELIEF.  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU SEEK TO ENJOIN OR RESTRAIN Earth School OR ANY OF OUR AFFILIATES FROM PROVIDING OUR SERVICES, INCLUDING, WITHOUT LIMITATION, SELLING PRODUCTS, OPERATING THE WEBSITE www.earthschoolclub.com, AND STAYING IN TOUCH WITH OUR CUSTOMERS AND OUR COMMUNITY.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, YOU ARE NOT ENTITLED TO INJUNCTIVE RELIEF, RESCISSIONS, OR ANY OTHER EQUITABLE REMEDY IN CONNECTION WITH THESE TERMS & CONDITIONS AND ANY AGREEMENT HERETO RELATING, EXCEPT THAT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF OR REQUIRE SPECIFIC PERFORMANCE, BUT ONLY THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM(S).
3. Procedural Considerations

1. Choice of Law & Venue.  Any claim, dispute, suit, matter, or controversy arising out of and/or relating to these Terms & Conditions will be construed and governed in accordance with the laws of the State of NC in the United States of America, without regard to its conflict of laws principles.  All disputes will be arbitrated (or, if the mandatory arbitration clause herein specified is found to be invalid, litigated) in Charlotte, NC, USA.  The Parties hereby waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.  The Parties acknowledge and agree that this provision is not intended to, in any manner, limit or negate the force or effect of the immediately subsequent provisions entitled “Mandatory Arbitration of Claims” and “Class Action Waiver.”  The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms & Conditions.
2. MANDATORY ARBITRATION OF CLAIMS. 

1. THE PARTIES HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JUDGE OR A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT THE PARTIES WOULD HAVE IF THE PARTIES WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 
2. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY AND ALL CLAIMS, DISPUTES, SUITS, MATTERS, OR CONTROVERSIES (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS AND/OR USE OF OUR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 
3. To the extent legally permitted, each Party shall advance its own costs, expenses, and fees in an arbitration hereunder, with reasonable fees and costs awarded to the substantially prevailing party in any arbitration arising hereunder.  Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules then in effect (or if no longer in effect at the time a demand for arbitration is brought hereunder, then the rules of arbitration which are generally accepted as being the successor of the AAA Consumer Arbitration Rules), except as modified by this Section 18, and before a single, neutral arbitrator to be mutually selected by the parties.  To the extent permitted by the arbitrator, the arbitrator will conduct any hearings by telephonic or video conference appearance, rather than in-person.  Any award rendered in an arbitration proceeding hereunder shall be final and binding on each of the Parties, and judgment may be entered thereon in any court of competent jurisdiction.  This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.  
4. For qualifying claims, you may elect to pursue your claim on an individual basis in small-claims court, rather than via arbitration, provided you give Earth School written notice of your intention do so within one hundred twenty (120) days of when you first knew of or reasonably should have known of the issue underlying your claim.

1. CLASS ACTION WAIVER.  The Parties agree to an arbitration on an individual basis.  The Parties agree that, in any dispute, NEITHER YOU NOR Earth School WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS AND/OR CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The Parties further agree that the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class action waiver and any thereto may only be raised in a court of competent jurisdiction.
2. U.S. Jurisdiction.  Earth School and its properties are located in and operated from the United States.  Earth School does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Earth School insofar as they subject Earth School to non-U.S. law or jurisdiction and/or originate in a jurisdiction outside of the United States.
3. Reporting Issues to Local, State & Federal Officials.  To be clear: nothing in these Terms & Conditions, including the Mandatory Arbitration provision and other language, is intended to prevent either Party from bringing issues (including, without limitation, matters relating to Earth School, our Affiliates, these Terms & Conditions, or one or more Products) to the attention of local, state, or federal officials and/or agencies as a Party may deem appropriate.
4. 180-Day Statutory Period for All Claims.  The Parties agree that all claims arising out of any/or relating to these Terms & Conditions shall be subject to a one (1) year statute of limitations.

1. Notice to California Residents

If the Services or Digital Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:  The provider of the Services or Digital Services is:

Earth School, Inc.

Attention: Legal Department

2764 Pleasant Road Suite A PMB 659

Fort Mill, SC 29708

info@earthschoolclub.com

If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

1. Miscellaneous

1. Assignments.  Except as expressly permitted otherwise in writing by Earth School, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms & Conditions.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms & Conditions.  Notwithstanding anything herein contrary, Earth School may freely assign, delegate, sell, and/or transfer its rights and obligations under these Terms & Conditions – and any assets relating to, arising out of, and/or concerning these Terms & Conditions – including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control.  These Terms & Conditions will be binding on your heirs, permitted assigns, administrators, and other legal represents, and shall inure to the benefit of Earth School and any of its successors and/or assigns.
2. Force Majeure.  You acknowledge and agree that Earth School shall hold no liability or responsibility for any harm, damages, penalties, losses, costs, expenses, fees, or issues, nor be deemed to have defaulted or breached these Terms & Conditions for any failure or delay in fulfilling or performing any term of these Terms & Conditions, that result from factors beyond the scope of our reasonable control.  This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses (including without limitation COVID-19), closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.
3. Severability.  If any of the terms and conditions herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms & Conditions herein – and all other portions thereof – shall nevertheless remain in full force and effect to the extent legally permissible.
4. Translation & Headings.  Any translation of these Terms & Conditions is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms & Conditions and the English version thereof shall be resolved in favor of the English version.  Our headings and section titles in these Terms & Conditions are provided strictly for your convenience; they have no binding or representative effect on either Party.
5. Non-Waiver.  No waiver under these Terms & Conditions is effective unless it is in writing, identified as a waiver to these Terms & Conditions, and signed by an authorized representative of the Party waiving its right.  The Parties acknowledge and agree that any failure by either Party to require the other’s strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement herein stated.  
6. Non-Endorsement.  Although Earth School offers to sell Products manufactured and supplied by third parties, you acknowledge and agree that our listings – and any related imagery and/or information (e.g. pictures of Products; information on dimensions, weight) – do not constitute an endorsement of, or affiliation with, the Product or its manufacturer/supplier, nor do they constitute an assumption of liability or taking of responsibility as to the Product(s) in question.
7. Construed to Reflect Intent of Parties.  Insofar as these Terms & Conditions include any errors or ambiguities related to spelling, grammar, or syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be construed to reflect the intent of the Parties.  This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “and” vs. “or” vs. “and/or”; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “including” – which shall mean “including without limitation,” rather than as point of exclusion, unless otherwise noted; (c) any  ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “Product” vs. “Products” vs. “Product(s)” – which shall not render any language inapplicable by virtue of the fact that you do or do not possess more than one (1) Product.
8. Legal Notices.  All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to Earth School at the address on this website and to you at your shipping address.  All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).  Except as otherwise provided in these Terms & Conditions, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
9. No Third-Party Beneficiaries.  These Terms & Conditions benefit solely the Parties to these Terms & Conditions and their respective successors and permitted assigns and nothing in these Terms & Conditions, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms & Conditions.
10. No Public Announcements.  Unless expressly permitted under these Terms & Conditions, you promise that you shall not make any statement (whether oral or in writing) in any press release, external advertising, marketing or promotion materials regarding the Products, or Earth School‘s  business unless it has received the express written consent of Earth School, or it is required to do so by law.