PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
You have up to 24 hours to cancel your order.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts human or technological errors may occur. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.
ALL UPPER EARTH'S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." UPPER EARTH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH UPPER EARTH HEREBY EXPRESSLY DISCLAIMS. UPPER EARTH DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. UPPER EARTH WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
LIMITATION OF LIABILITY
UPPER EARTH WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR UPPER EARTH'S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UPPER EARTH.
IN NO EVENT WILL UPPER EARTH'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF UPPER EARTH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the website or of the networks connected to the website, and to abide by all security policies adopted by Upper Earth. You acknowledge and agree that, for security purposes, Upper Earth may monitor your account and your access to and use of the website. Upper Earth may at any time terminate or suspend your access to the website as Upper Earth considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Upper Earth may also impose limits on certain features and functions of the website, or restrict your access to the website without notice or liability.
You agree to defend, indemnify and hold Upper Earth harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement.
By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.