Terms of Use

Effective Date: 01-01-2020 • Version: 1.0

Welcome to Earth Solutions (“we”, “us”, “our”). By accessing or using our websites, mobile applications, online stores (collectively, the “Sites”) or placing an order with us, you agree to be bound by these Terms of Use (“Terms”). If you do not agree with these Terms, please do not use the Sites or place any order.

Table of Contents

Part A: General Use

1. Acceptance of Terms

These Terms govern your access to and use of the Sites. These Terms are in addition to any separate agreement you may enter with us (for example, a Wholesale Account Agreement).

2. Changes to Terms

We reserve the right to modify, suspend or terminate the Sites or change these Terms at any time. If we make a material change, we will notify you (for example by posting a notice on the Sites or via email) and the updated Terms will apply when published. Your continued use of the Sites after that constitutes acceptance.

3. Privacy & Data

Your use of the Sites is also subject to our Privacy Policy, which sets out how we collect, use, store and disclose your personal information.

4. User Eligibility

The Sites are intended for users at least 13 years of age. By using the Sites, you represent and warrant that you are at least such age. Purchases may only be made by users who are at least 18 years of age.

5. Account Responsibility

If you create an account on the Sites, you are responsible for maintaining the confidentiality of your account credentials and all activity under your account.

6. Intellectual Property

All content on the Sites (text, graphics, logos, images, software, etc.) is owned by Earth Solutions or our licensors and protected by intellectual property laws. You may not reproduce or use such content except as expressly permitted.

7. User Conduct

You agree to use the Sites only for lawful purposes and not to infringe others’ rights or restrict others’ use.

8. Disclaimer of Warranties; Limitation of Liability

The Sites and materials provided are on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. To the fullest extent permitted by law, Earth Solutions and its affiliates will not be liable for indirect, incidental, special, or consequential damages related to your use of the Sites.

9. Indemnification

You agree to indemnify and hold harmless Earth Solutions, its affiliates, officers and employees from any claim or demand arising out of your breach of these Terms or your use of the Sites.

Part B: Purchases & Orders (Retail & Wholesale)

1. Pricing & Availability

All prices displayed on the Sites are in U.S. Dollars (USD) unless otherwise specified. We reserve the right to modify prices or product availability at any time without prior notice.

2. Orders & Payment Terms

Payments are processed at time of shipment unless otherwise noted. By placing an order, you represent that you are authorized to use the payment method used and that all the information provided is accurate.

3. Shipping; Delivery; Risk of Loss

Shipping, delivery and risk of loss for products is subject to our Shipping, Returns & Payments policy and the specific shipping terms described at checkout.

4. Returns & Refunds

Returns and refunds are subject to the terms described in our Shipping, Returns & Payments policy.

5. International Orders

International shipments are subject to our Shipping, Returns & Payments policy. Customs, duties or taxes are the responsibility of the buyer unless otherwise specified.

Part C: Wholesale Specific Terms

If you hold a Wholesale Account with us, you are subject to additional terms and conditions listed on our Wholesale Policies page, including minimum order size, freight terms, and pricing. By placing a wholesale order, you represent that you are purchasing for resale and will abide by any resale or MAP policies disclosed.

Part D: Governing Law & Miscellaneous

1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia (USA). You and Earth Solutions agree to submit to the exclusive jurisdiction of the state and federal courts located in Gwinnett County, Georgia for any dispute arising under these Terms.

2. Assignment

These Terms, and any rights under them, are not assignable by you without our prior written consent. We may assign our rights or delegate our obligations.

3. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be deemed stricken and the remaining provisions will continue in full force and effect.

4. Notices

We may provide notices to you by posting on the Sites or via email to your registered email address. You consent to receive electronic notices.

5. Entire Agreement

These Terms (together with the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement between you and Earth Solutions regarding your use of the Sites.

6. Contact Information

If you have questions about these Terms, you may contact us at:
Earth Solutions
2700 North Berkeley Lake Road #A2
Duluth, Georgia 30096, USA
Email: customerservice@earthsolutions.com
Phone: 404-889-8952

By using the Sites or placing an order, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.