TERMS & CONDITIONS
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, DO NOT USE THIS WEB SITE.
Urth Essence, Inc. Privacy Notice
We value our relationship with you and take your privacy seriously. The purpose of this Privacy Notice is to identify how we may process, collect, store, disclose, share and use your personal information that we collect from you or from others in connection with your use of our website (www.urthessence.com) and dependent pages (the “Site”), or your purchase or use of products, webinars, content or other services from us (collectively, our “Products and Services”). Urth Essence, Inc. ( “Company”) is committed to maintaining the privacy and security of your personal information in compliance with all applicable laws and our policy.
We may update this Privacy Notice at any time, by posting the amended version on this Site including the effective date of the updated version. We may also provide other privacy notices on specific occasions when we are collecting your personal information in ways that materially differ from what we have described here, so that you are aware of how and why we are collecting and using such information. By accessing the Site after we make such changes to this Privacy Notice, you are deemed to have accepted such changes.
THE INFORMATION WE COLLECT ABOUT YOU
What is personal information?
For purposes of this Privacy Notice, we refer to personal information according to the following definition: “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identifiable individual or household. Personal information does not include publicly available information or information that is de-identified or aggregate consumer information.
We collect personal information from you both when you provide it voluntarily and also automatically when you use our Site. By accessing our website or social media pages, submitting personal information to us, or purchasing our products or using our online services, you consent to the collection, use, sharing and disclosure of such information as set forth in this Privacy Notice, as it may be updated from time to time.
We collect personal information that you voluntarily provide to us when you: use our Site, communicate with us, make a purchase, use our services, provide us information, engage or connect with us through one of our social media pages, update or add information to your account, chat with a customer support specialist, or when you otherwise correspond with us.
In addition, we also automatically collect personal information about you in connection with your usage of our Site, including from third party marketers and e-commerce platforms that monitor usage of our Site.
For more information about the types of your personal information we may use, see the descriptions below.
Types of Personal Information We Collect
We may collect and use the following types of personal information in connection with your use of our Products or Services:
Personal contact details, such as name, mailing addresses, telephone numbers, and personal email addresses
Date of birth
Gender
Social media account information
Account preferences and history
Financial information, such as credit card or debit card numbers
Geolocation information
Device/browser type or identification
Your IP address, your browsing history, and your page views
We never request or require you to provide any of the following sensitive categories of data, but through our chat services and customer services interactions, we know that sometimes customers and users of the Products and Services choose on their own to voluntarily share the following kinds of personal information with us:
Sensitive information about your age, race, gender or ethnicity, religious beliefs, sexual orientation and political opinions
Sensitive information about your health or diet, including any medical conditions, diagnoses and/or injuries
HOW WE MAY USE INFORMATION ABOUT YOU
We will only use your personal information for the purposes identified below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose described here. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so consistent with applicable law.
In general, your personal information may be used for the following purposes:
In connection with our provision of Services or Products to you, which may include the following:
oManaging and fulfilling your orders
oPayment processing and account management
oProviding customer support and responding to your questions or comments
oOperating and improving our Services
For us to comply with our legal obligations, including assessing compliance with our regulatory requirements (e.g., using customer order information in the aggregate, including revenues generated in connection with our regulatory tax requirements).
For our other legitimate interests to make available and highlight content and opportunities that are relevant to you, improve our Services or Products, maintain our relationship with you, and protect users of our Services or Products and customers. We both benefit when we use your information to:
oImprove our Services or Products
oOffer new Services or Products
oDecide which ads to show you by showing you those that “match” your past viewing, browsing and shopping activity. Many advertising services collect and use data from your web and mobile app activity both on and off the Services to help show you ads that are more targeted to your interests
oContact you via email or postal mail in order to offer you coupons, discounts and special promotions, poll your opinions through surveys or questionnaires and inform you about our Services or Products, as authorized by applicable law
oDeliver targeted marketing, service updates, and promotional offers
oContact you regarding your account or an order, to troubleshoot problems with your account or an order, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service
oMonitor and improve the information security of our websites
oKeeping our Services safe, secure and operational
oPrevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities
oFulfill the purpose for which you provided the personal information
Cookies and Tracer Tags
Our Sites use a technology called "cookies". A cookie is a tiny element of data that our Sites can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on our Sites where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Sites, these cookies (1) may let us know who you are, (2) are necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us and our Service Providers with information that we will use to personalize our Sites in accordance with your preferences. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Sites, you will limit the functionality we can provide when you visit our Sites.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies, such as cookies to personalize advertisements for goods and services.
Security of Personal Information
We maintain administrative, technical, and physical safeguards to protect against unauthorized access, use, modification, and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Sites. However, even with the best technology, no website is 100% secure. We will take reasonable measures that we believe are appropriate to protect your Personal Information from loss, misuse, alteration, or destruction, and, where possible, will ask that any third parties to whom we may transfer such information take comparable steps to protect that security.
Secure Shopping
When you place orders on our Sites, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Sites from capturing and viewing your Personal Information. Since any order information you provide to us on our Sites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Sites. The most recent versions of Netscape Navigator™ and Microsoft Internet Explorer® can support a secure connection and can be downloaded for free from the Netscape and Microsoft websites respectively.
Passwords
To provide you with an increased level of security, online access to your Personal Information is protected with a password that you select. We strongly recommend that you do not disclose your password to anyone. Urth Essence, Inc. will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or e-mail messages).
HOW LONG WE STORE YOUR PERSONAL INFORMATION
We may store your personal information following completion of transactions with you to the extent required to comply with our legal, accounting, or reporting requirements and to provide information about our Services (such as your order history) requested by you. Additionally, we may continue to store your personal information contained in our standard back-ups.
YOUR OPTIONS REGARDING YOUR PERSONAL INFORMATION
You have choices about how we use your personal information to communicate with you and send you marketing information. You can opt out from receiving future marketing communications from us at any time by:
Using the unsubscribe function in the email or marketing information you receive from us; or
Contacting us as set forth under “How to contact us” below.
In addition, you have choices available to you through the device or browser you use to access the Services regarding your cookies and other browser settings.
HOW TO CONTACT US
If you have any questions or concerns about our use of your personal information, please do not hesitate to contact us through any of the methods listed below. If you have a complaint or concern about how we are using your personal information, then we will work to address such concern(s).
Mail: Urth Essence, Inc.
488 NE 18th str. – 4506, Miami, FL, 33132
Phone: 310-967-9287
Email: info@urthessence.com
TERMS & CONDITIONS
Products, Content, and Specifications. All features, content, specifications, products, and prices of products and services described or depicted on this web site, www.urthessence.com ("Web Site"), are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Urth Essence, Inc. (“Company”, “we” or “us”), which operates this Web Site pursuant to agreements set forth by us, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on 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 are stating that the products ordered will be used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser, as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the 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 the information on this Web Site is complete, accurate, and current. Despite our 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 up-to-dateness of any information on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, with or without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Copyright. All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Company or its content suppliers and protected by international copyright laws. The compilation of all content on the Web Sites is the exclusive property of Company and protected by domestic and international copyright laws. All software used on the Web Sites is the property of Company or its software suppliers and protected by domestic and international copyright laws.
Trademarks. Company’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, word marks or trade dress of the Company in the United States and all other applicable territories. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Urth Essence, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or the Company’s products. All other trademarks not owned by Company that appear on the Web Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
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 determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities, 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. Personally identifiable information that you voluntarily post on any part of this Web Site that is viewable by the public (e.g. in the Customer Reviews section) is not subject to this Web Site's Privacy Policy and is considered User Communications. We and our respective affiliates and our or their 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 will 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 include any material we deem inappropriate or unacceptable. You agree that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. By submitting, transmitting, posting, uploading, modifying, or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully-paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from, and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you.
Disclaimers. Your use of this Web Site is at your risk. The information, materials, and services provided on or through 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 Urth Essence, Inc. nor any of our respective affiliates warrant the accuracy or completeness of the information, materials, or services provided on or through this Web Site. The information, materials, and services provided on or through this Web Site may be out of date, and neither Urth Essence, Inc. nor any of our respective affiliates makes any commitment or assumes any duty to update such information, 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 manufacturers, 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. Neither Urth Essence, Inc. nor any of our affiliates assumes any responsibility, or will be liable for any damages to or any viruses that may infect your computer, telecommunications equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. In no event will Urth Essence, Inc., nor any of our respective officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of this Web Site be liable to you or anyone else for any direct, 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 results of use of this Web Site, any web sites linked to this Web Site, or the materials, information, or services contained on 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 suppliers of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such products or services in accordance with the returns and refunds policies posted on this Web Site.
Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding to you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
Governing Law
THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Jurisdiction and Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Web Sites. Any controversy or claim arising out of or relating to these Terms of Use and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section of these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the City of Miami. You waive the defense of forum non conveniens.
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 placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Web Site at any time without notice.
Health Related Information. The information contained in this Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Urth Essence, Inc.) for diagnosing or treating a health problem or disease or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read all product packaging carefully prior to use.
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 email us at info@urthessence.com. Alternatively, you may call us at (310)967-9287.