If you register for a Earthpak account, you will have pages associated with your Earthpak account, including a Profile page, Lists Page, and Account page. Your Lists Page, and Account page are not visible to anyone but you.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites, the compilation (meaning the collection, arrangement and assembly) of all content on the Sites are the exclusive property of Earthpak and protected by Canadian and international copyright and other intellectual property laws. All rights reserved. All software used on the Sites is the property of Earthpak or its software suppliers and is protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Earthpak. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public by telecommunication – without the prior written permission of Earthpak is strictly prohibited.
Earthpak.ca and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Earthpak and may not be used in connection with any product or service that is not offered by Earthpak in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Product Information
The products displayed on the Sites can be ordered and delivered only within Canada. Earthpak products displayed on the Sites may be available in select Earthpak distributions in Canada. All prices displayed on Earthpak.ca are quoted in Canadian Dollars and are valid and effective only in Canada. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Earthpak.
All material and information presented by Earthpak is intended to be used for personal educational or informational purposes only. All products should be used strictly in accordance with their instructions, precautions and guidelines.
- Third Party Content and Third Party Sites
Earthpak may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Earthpak does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Earthpak and such third party. Earthpak does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Earthpak is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Earthpak through the Community, do not necessarily reflect the views of Earthpak.
- Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
- Reservation of Rights
Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. EARTHPAK IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, EARTHPAK DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF TITLE, QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, EARTHPAK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
EARTHPAK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY.
- Applicable Law
- Copyright Infringement
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Earthpak’s designated copyright agent with the information referred to above, along with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– A description of your interest or right with respect to the copyright in the work or content; and
– The date and time of the commission of the claimed infringement.
In accordance with the applicable Canadian copyright law, Earthpak will provide notice electronically to the subscriber who is responsible for posting the work or content that you are alleging infringes copyright.
- Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.