Earth’s Edge, Inc. Privacy Notice

Earth’s Edge, Inc., a Michigan corporation (“Earth’s Edge”), understands and shares your concerns about privacy.  As necessary to protect any information we receive through this web site, www.earthsedgeusa.com (the “Site”), such information is used in accordance with the protocol established in this privacy notice (the “Privacy Notice”). 

By visiting the Site, you acknowledge that you have read this Privacy Policy, understand it, agree to be bound by its terms and consent to the disclosures set forth herein.

The Information We Collect

We receive and store certain types of information whenever you interact with us. You may choose not to provide certain information, but by doing so you may not be able to fully utilize the Site.  Thus, you acknowledge and agree that we may collect and use your information, including any uses outside of your relevant jurisdiction. 

We automatically collect non-personally identifiable information from you when you visit the Site. This information includes your Internet Protocol address (“IP address”), which is the number automatically assigned to your computer whenever you access the internet. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our server and to administer the Site.

We may also collect personally identifiable information from you when you visit the Site (e.g. email address, phone numbers, mailing/shipping addresses, credit/debit card account numbers, etc.).  However, please note that we do not store your credit card information and the same must be entered each time a purchase is made.

Like many web sites, we use "cookies," to obtain certain types of personal information when you access the Site (e.g. browser version, operating system and other technical information).  A cookie is a file that will be stored on your computer’s hard drive and provides a means by which we can collect anonymous browsing information.  While this might sound bad, it really isn’t as the cookies are primarily used as necessary to enable the “shopping cart” feature of the Site. Earth’s Edge does not use cookies to gather data from your computer unless you intend to provide us with such information. A number of companies offer utilities designed to help you visit web sites anonymously. Although we will not be able to provide you with a personalized experience at the Site without this information, we want you to be aware that these tools exist. The “help” portion of the toolbar on most browsers may also tell you how to prevent your browser from accepting cookies, how to have the browser notify you when you receive a new cookie or even how to disable cookies

We may also receive information about you from other sources and add it to your account information.

Use of the Information We Obtain

Information about our customers is an important part of our business and we are not in the business of selling it to others. Information submitted to us is collected, stored, processed, disclosed or disposed of in accordance with applicable law. We share customer information only as described below or as otherwise required by applicable law.   

Examples of how we use the information we collect from you are as follows:

·        Processing your order(s);

·        Administering your account with us;

·        Providing you with notice of changes to the Site and promotional offers; and

·        Answering your questions and comments.

We may employ other companies and individuals to perform functions on our behalf, including, without limitation, filling orders, delivering packages, sending postal and electronic mail and processing credit/debit card payments.  They have access to personal information as necessary to perform their functions, but may not use it for other purposes.

Sometimes we send offers to selected groups of our customers. If you do not want to receive such offers, or if you do not want to receive e-mail or other mail from us, please contact us here.

We release account and other personal information when we believe release is appropriate to comply with applicable law; enforce or apply our Terms and Conditions of Use Agreement (see below) and other agreements; or protect the rights, property, or safety of our business, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. However, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

If you make a written request, you can receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.  Please send your written request to:

Earth’s Edge

Attn: Webmaster

222 Washington St.

Grand Haven, MI  49417

Earth’s Edge gives you access to a broad range of information about your account and your interactions with Earth’s Edge for the limited purpose of viewing and, in certain cases, updating that information. When you update information, we may keep a copy of the prior version(s) for our records.

Other Web Sites, Documents and Information

            This Site may contain links to other documents that are part of the Site, other documents or information or a third party’s web site.  Please note that we do not control any third party sites and they may collect and disclose information that we otherwise would not.  Under no circumstances is Earth’s Edge responsible for the collection, use, misuse or disclosure of any information collected by a third party’s web site, nor are we liable for the use, misuse or disclosure of the same.  Earth’s Edge disclaims and waives all liability related to such collection, use, misuse or disclosure.

Security Matters

            As a means to protect you, Earth’s Edge employs secure server software to encrypt all information you input into the Site.  However, we are not responsible for, nor does Earth’s Edge make any representations or warranties as to the adequacy or sufficiency of such security measures.  Further, Earth’s Edge shall not be liable to you for any damages you incur as a result of the nonenforecment of the Privacy Policy, a security breach of the Site or any malfunctions of the Site.

Children

Earth’s Edge does not sell products for purchase by children on this Site. But we do sell great children's products for purchase by adults. If you are under 18, you may use this Site only with the involvement and under the supervision of a parent or guardian.

Miscellaneous

            This Privacy Notice is binding on you, your successors and heirs. All matters relating to this Privacy Notice shall be governed by applicable United States’ law. Earth’s Edge reserves the right to amend this Privacy Notice, and all amendments thereto shall be effective 10 days after they are first posted to the Site.  Please check the Site with frequency to review our most recent Privacy Policy.

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As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain aspects of the Site.  For further information about Earth’s Edge or the Site, please contact us here.

Dated: July 16, 2004

TERMS AND CONDITIONS OF USE AGREEMENT

General

            Thank you for visiting this web site (www.earthsedgeusa.com).  Earth’s Edge, Inc., a Michigan corporation (“Earth’s Edge”), has designed this web site for you (the “Site”).  By using the Site, you acknowledge and agree that the following terms and conditions govern your use of the Site.  In the event of a conflict between any other agreement, rule, policy or term of service and this agreement, the provisions of this agreement shall govern.  In the event you “bookmark” a portion of the Site, your use of the Site still binds you to the terms of this agreement.  Further, as we may change, amend and/or modify this agreement at any time without notice, it is recommended that you periodically review these terms and conditions of your use.

Use of the Site

            Earth’s Edge does not guarantee that the Site will be free of computer viruses or other matters intended to damage, interfere, intercept or appropriate any computer systems, data or other information.  There may also be information on the Site that contains errors, inaccuracies or omissions. You are solely responsible for implementing all measures necessary to (i) ensure the accuracy of your data including, without limitation, requirements for accuracy of data input and output and any means necessary to reconstruct lost information or data and (ii) protect yourself and you computer systems from the dangers inherent in using the internet, specifically, but without limitation, any interception or uploads of your data or systems by an unauthorized third party.

Earth’s Edge reserves the right to change or amend the Site at any time, without prior notice, including time periods after which you have submitted an order.  We understand that this could cause certain inconveniences for you.  Thus, if you are not completely satisfied with a purchase, you may return it in accordance with Earth’s Edge Return Policy.

Without limiting the generality of the foregoing paragraph, in the event the Site contains an error or omission concerning the price of, or information about, a product, Earth’s Edge reserves the right to refuse or cancel an order. We shall have such right whether your order has been approved and your credit/debit card charged.  If your card has been charged for an order, and we exercise our right to cancel the same in accordance with this paragraph, we will issue you a credit in the amount of the charge and you agreed to accept this as your exclusive remedy in accordance with the terms of this agreement.

            This Site may not be available at all times, some of which may be out of our control.  The Site may also be scheduled to go offline temporarily for repairs and maintenance.  Under all circumstances Earth’s Edge shall not be responsible for or have any liability in the event the Site is unavailable, nor for any mis-delivery or non-delivery of any information, acts of third parties or any other outages or problems by web host providers, as well as for any loss of data or sales or transactions caused by any of the foregoing.

            This Site may contain links to other internet web sites solely for your information and convenience.  Earth’s Edge does not control the content or the availability of these sites. Unless otherwise stated in this agreement, Earth’s Edge is in no way affiliated with any of these third parties, nor does it endorse or sponsor such web sites, products, services or content.

Disclaimer

            Earth’s edge provides the Site to you “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, including, but not limited, to implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, and under no circumstances shall Earth’s Edge be LIABLE FOR any special, indirect, punitive or consequential damages from your use of the Site or any errors, inaccuracies, or omissions in the Site.  FURTHER, Earth’s Edge shall not be liable for any cost, expense or damage arising indirectly or directly from any transactions consummated by the use of this Site.

Limitation of Liability

Earth's Edge shall not be liable for any direct, indirect, incidental, special or consequential damages or losses that result from your use of this site or the inability for you to use the same.

            You agree that this paragraph and the preceding paragraph apply to all content, merchandise and/or services throughout this Site.  Earth’s Edge’s total cumulative liability under the terms of this agreement shall not exceed the lesser of any fee/amounts paid by you, if any, to Earth’s Edge for use of the Site or One U. S. Dollar and 00/100 ($1.00). The limitations of liability contained herein shall apply to and inure to the benefit of Earth’s Edge, its successors, assigns, officers, directors, employees, attorneys, agents and assigns.

Indemnification

            You agree to indemnify, defend and hold Earth’s Edge, its successors, assigns, officers, directors, employees, attorneys, affiliates and agents harmless against all claims, damages, demands, actions, costs, expenses, liabilities and losses of any kind, including actual attorneys’ fees and litigation expenses, arising from or in any way related to the use of this Site, and you understand that you do not have any right to settle any case or matter without the express written consent of Earth’s Edge.

Termination

            The terms and conditions of this agreement are in effect until terminated by you or Earth’s Edge.  You may terminate this agreement at any time and Earth’s Edge reserves the right to do the same, all without prior notice.  Further, if Earth’s Edge determines in its sole discretion that you have failed to comply with any term or condition of this agreement, Earth’s Edge may deny you access to the Site.  On termination of this agreement, you agree to promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies thereof, whether made under the terms of this agreement or otherwise.

Miscellaneous

            This agreement can be enforced by Earth’s Edge, its successors and assigns.  In the event that one or more of the terms or provisions of this agreement shall be determined to be invalid, illegal or otherwise unenforceable in any other regard, such in validity, illegality or unenforceability shall not effect any other provision or terms contained in this agreement. Any delay or failure by Earth’s Edge to require performance of any term or provision of this agreement shall in no way affect our right to later enforce such provision or term. Any delay or failure by Earth’s Edge to exercise any of its rights, in this agreement or otherwise shall not constitute a waiver of such right or any other rights.   Under no circumstances are you allowed to assign or delegate any of your responsibilities or obligations of this agreement without the written consent of Earth’s Edge.  Unless otherwise referenced herein, a person not a party to this agreement shall not be a beneficiary of the same and no such third party shall have any right to enforce any term of this agreement.  This agreement and other documents incorporated by reference shall constitute the entire agreement between Earth’s Edge and you as to the subject matter contained herein. This agreement shall be construed in accordance with the laws of the State of Michigan, without regard to any applicable conflict of law provisions. If you access the Site from a non Unites States jurisdiction, you agree that you responsible for compliance with all laws of such jurisdiction.