Welcome to www.earthfx.net, a web site operated by Barefoot Sales Corporation (“Barefoot Connections™”), a California corporation and subsidiary of Earth FX, Inc. Barefoot Connections™ allows you to access and use this web site subject to the conditions of use below (the “conditions”). If you visit www.earthfx.net or make use of its content in any way, you accept these conditions. Please do not use this web site if you are not willing to abide by our conditions. In addition, if you desire to make a purchase from this web site, you will be provided with an opportunity to review and accept (or reject) our Product Purchase Agreement, which shall govern any purchase. With respect to any purchase, the Product Purchase Agreement shall control in the event of any inconsistency between it and the conditions below.
HEALTH-RELATED INFORMATION
Barefoot Connections™ products are personal body grounding or Earthing™ systems with connection to the earth's natural ground. All material and information presented by Barefoot Connections™ (or its affiliates) is intended to be used for educational and/or informational purposes only. Barefoot Connections™ products are in no way a substitute for professional medical care. There are no health benefit claims being made for Barefoot Connections™ products. The only claim for Barefoot Connections™ products is that they will conduct the electrons naturally resident in and on the earth. Statements on this web site have not been evaluated by the FDA or other government agency and the products on this web site are not intended to diagnose, treat, cure or prevent any medical condition or disease. Any health-related, medical, scientific, or other claims, statements, or information you may find on this website, are not necessarily applicable to you or any disease or condition which you may have or desire to prevent. Do not use the information available on or throughout this web site (including, but not limited to, information that may be provided on the web site by professionals affiliated with Barefoot Connections™ ) for diagnosing or treating a health problem or disease. Please consult with your own physician or healthcare practitioner if you have medical concerns.
ELECTRONIC COMMUNICATIONS
When you visit www.earthfx.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, as well as the compilation of all content on this site, are the property of Barefoot Connections™ or Earth FX, Inc. or their content suppliers, and are protected by United States and international copyright laws. All software used on this site is the property of Barefoot Connections™ or Earth FX, Inc., or their respective software suppliers, and is protected by United States and international copyright laws.
TRADEMARKS
Barefoot Connections™, EARTH FX, EARTHING™, EARTHED, EARTH TAP, EARTH TESTER, other such trade names related to products described or offered on this web site, and other graphics, logos, page headers, button icons, scripts, and service names on this web site are trademarks, registered trademarks or trade dress of Barefoot Connections™, Earth FX, Inc., or their affiliates in the U.S. and/or other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not Barefoot Connections™’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barefoot Connections™, Earth FX, Inc., or their affiliates. All other trademarks not owned by Barefoot Connections™, Earth FX, Inc., or their affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Barefoot Connections™ or Earth FX, Inc.
PATENTS
Information provided and products offered by this web site are subject to certain patents and patent applications of Earth FX, Inc., including without limitation U.S. Patent Nos. 6,683,779 (personal body grounding system) and 7,212,392 (personal body grounding instrumentation and process), and all corresponding foreign counterparts.
LICENSE AND SITE ACCESS
Barefoot Connections™ grants you a limited license (or sublicense if applicable) to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barefoot Connections™. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barefoot Connections™. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barefoot Connections™ and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of Barefoot Connections™ or Earth FX, Inc. without the express written consent of Barefoot Connections™. Any unauthorized use terminates the permission or license (or sublicense if applicable) granted by Barefoot Connections™. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.earthfx.net so long as the link does not portray Barefoot Connections™, Earth FX, Inc., their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barefoot Connections™ or Earth FX, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission from Barefoot Connections™.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use www.earthfx.net or make purchases only with direct involvement of a parent or guardian. Barefoot Connections™ reserves the right to refuse service, terminate accounts, and remove or edit content, at its sole discretion.
PRODUCT DESCRIPTIONS
Barefoot Connections™ attempts to be as accurate as possible in providing information on this web site. However, Barefoot Connections™ does not warrant that content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Barefoot Connections™ is not as described, your sole remedy will be as specified in the Product Purchase Agreement.
LINKS TO OTHER WEB SITES
We may provide links to the sites of affiliated companies and certain other entities or individuals. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these companies, entities, or individuals or the content of their web sites. Barefoot Connections™ and Earth FX, Inc. do not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE ARE PROVIDED BYBAREFOOT CONNECTIONS™ OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BAREFOOT CONNECTIONS™ AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,BAREFOOT CONNECTIONS™ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.BAREFOOT CONNECTIONS™ AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROMBAREFOOT CONNECTIONS™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT BAREFOOT CONNECTIONS™ AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, STATUTORY, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES) ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES AND APPLICABLE LAW
YOU AGREE THAT ANY DISPUTE OR CLAIMS RELATING TO THESE CONDITIONS OF USE OR THIS WEB SITE, SHALL BE SUBMITTED TO AND RESOLVED BY CONFIDENTIAL BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCATION, WHICH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF RIVERSIDE IN THE STATE OF CALIFORNIA. However, to the extent you have in any manner violated or threatened to violate intellectual property rights of Barefoot Connections™ or Earth FX, Inc., Barefoot Connections™ or Earth FX, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction in such courts. In any dispute proceeding, each party shall bear its own attorneys’ fees and costs. You agree that the laws of the State of California shall apply, without application of its principles of conflicts of law.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our web site, policies, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY
Please review our Privacy Policy, which also governs your visit to www.earthfx.net .
These conditions of use were last updated on Oct. 15, 2007.
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