Terms & Conditions

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Whole Earth Group, LLC. (“Company”, “we”, “us”, or “our”), concerning your access to and use of the WholeEarthGifts.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. No products contained on this website are intended for the sale or distribution to or use by any person under the age of 18 (21 where applicable). Additionally, no products on this website are intended to be used as food or to be ingested or consumed by humans or animals. Keep out of reach of children. We make no representations as to intended use or suitability for any specific use of any products. If you are experiencing any adverse medical conditions, consult with a medical professional immediately. We make no claims to any health benefits by any products available on this site. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease. See Import Alert 54-15 issued by the FDA for more information. By continuing to use this site, you agree to follow the Privacy Policy and all Terms & Conditions contained herein. Products are not available in locations where the sale or possession is prohibited by law.

PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in $USD.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Use the Site to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Use this site if you are under the age of 18.
  • Consume any products sold on this site.
  • Allow children to come into contact with any product sold on this site.
  • Allow animals to come into contact with any product sold on this site.
  • Use this site if you are part of a company, organization (Government, Military or otherwise) that prohibits the use of any products sold on this site.)
  • Use this site in a city, state or territory where any product sold on this site has been deemed illegal by that city, state or territories governing authority.
  • Use this site in a city, state or territory where any product sold on this site has been regulated by a “Consumer Protection Act” by that city, state or territories governing authority.

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

WEBSITE DISCLAIMER

The information provided by Whole Earth Group, LLC. provided on WholeEarthGifts.com is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These terms shall be governed by and defined following the laws of TEXAS. Whole Earth Group, LLC. and yourself irrevocably consent that the courts of TEXAS shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 180 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

If you have questions or comments about this notice, you may contact us at any time.

Whole Earth Group, LLC.
4108 SW Green Oaks Blvd. #173176
Arlington, TX. 76003 USA
info@wholeearthgifts.com
888.MYKRATOM
Live Chat

Rewards Program Terms & Conditions

WholeEarthGifts.com may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to earn points that are redeemable for discounts on purchases and/or rewards or gifts. Rewards Program includes these Additional Terms that apply to your participation in activities allowing you to earn points (collectively, “Activities”).

-Rewards points never expire.
-Rewards points are not transferable.
-There is no limit to how many points you can collect.
-Rewards points are redeemable for all items, including sale items.
-Rewards points can be combined with multiple coupon codes.
-Rewards Points are not redeemable for shipping or sales tax. Sales tax will only be collected from Texas residents.

The Company may limit, suspend or terminate your ability to participate in a Rewards Program at its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation.

You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without prior notice to you.

Points can be earned in a Rewards Program by participating in certain activities, as described in the applicable Rewards Program description. For the avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company’s or its third-party Rewards Program affiliates’ policies, procedures, and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of points for shopping Activities in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of points required for a particular reward or discount. Points awarded have no cash value. You may redeem points you have earned for rewards offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms.

Supplies may be limited. Rewards may be awarded on a first-come, first-serve, and while-supplies-last basis. If you attempt to redeem points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, provide you with a reward of equal or greater value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you redeem points for a reward, you may not cancel the reward or return the reward for a refund of points. The only way to use points is to redeem them for Rewards Program rewards as available from time to time at WholeEarthGifts.com, or other applicable Rewards Program redemption sites, as applicable. Some rewards may have eligibility requirements and in that case, the Company reserves the right to verify your identity (by requesting a photocopy of your driver’s license or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit. Delivery of Rewards may be emailed to your email address or mailed to the U.S. postal address, as applicable, that you provided when you registered and created an account (“Account”) for the applicable Rewards Program, or to the email or U.S. postal address that our records show your Account was last updated to reflect.

Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the points will not be refunded. Program points are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations, and requirements as we may impose from time to time) you may reach us by using the “Contact Us”, or similar contact link found on WholeEarthGifts.com. We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you. Any points in our Rewards Programs that have not been redeemed for one (1) year from the time such points were earned or awarded may be deemed expired and removed from your account. We may modify our points expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire pursuant to such then-current rules or policies, we may remove such points from your Account, without any compensation or further obligation to you regarding the expired points.

You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points, rewards, prizes, or credits you earned or redeemed in any Rewards Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the WholeEarthGifts.com website and Features or our Services, including liability arising from your accrual of Rewards Program points or your redemption of such points for cash or other value. As a condition of your continued use of the WholeEarthGifts.com website and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice from a tax expert in order to determine the tax consequences of your use of WholeEarthGifts.com and Features and our Services, and any associated points, rewards, prizes, or credits earned or redeemed.

We reserve the right to make changes to these Terms from time to time at our sole discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the WholeEarthGifts.com and Features deemed appropriate by us so our users are always aware of the terms of their use of the WholeEarthGifts.com website and Features and our Services. Your continued use of any of the WholeEarthGifts.com website and Features or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of such WholeEarthGifts.com website and Features and our Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. In any event, if you used any of the WholeEarthGifts.com website and Features or our Services pursuant to a prior version of these Terms that required a certain notice period to you prior to any changes being effective, any changes under these Terms will not be effective as to you until the previously-specified notice period has passed after the date of these Terms.

The WholeEarthGifts.com website and Features are controlled, operated, and administered by Whole Earth Group, LLC. from its offices within the United States of America. The Company makes no representation that materials on the WholeEarthGifts.com website and Features are appropriate or available for use in states or cities within the United States where Kratom is illegal, regulated by any form of “Consumer Protection Act”,  or in other locations outside of the United States and access to them from territories where the contents or products available through the WholeEarthGifts.com website and Features are illegal is prohibited. You may not use the WholeEarthGifts.com website and Features or export the content or products in violation of U.S. export laws and regulations. If you access WholeEarthGifts.com website and Features from states or cities within the United States where Kratom is illegal or any location outside of the United States, you are responsible for compliance with all local laws.

You are not permitted to download or use any of the WholeEarthGifts.com websites and Features or our Services, including making any purchases of products or services from the Company, if you are (i) located in, under the control of, or a national or resident of any country that has deemed Kratom products illegal; (ii) a member of a military branch or other organization, government or private, that has prohibited the use of Kratom products by its employees or members; or (iii) placed on the U.S. Department of Commerce’s “Denied Person List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation in your jurisdiction.

The Company’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives, and permitted assigns. You may not assign your rights or obligations hereunder without the Company’s prior written consent, and any such unauthorized assignment shall be null and void.

If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) (“Guidelines”).

For example, if you have been paid or provided with free products in exchange for discussing or promoting a WholeEarthGifts.com website or service, you agree to comply with the Guidelines’ requirements for disclosing such relationships. You, and not Whole Earth Group, LLC., are solely responsible for any endorsements or testimonials you make regarding any product or service made available on WholeEarthGifts.com.

You agree that your use of the WholeEarthGifts.com website and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, Whole Earth Gifts, LLC., and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties, and representations, express or implied, in connection with our Services, the WholeEarthGifts.com website, and Features and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the WholeEarthGifts.com website and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the WholeEarthGifts.com website and Features or our Products or Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our WholeEarthGifts.com website and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the WholeEarthGifts.com website and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. To the maximum extent permitted by applicable law, in no event will Whole Earth Group, LLC., or its affiliates, partners, employees, and agents, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the WholeEarthGifts.com website and Features, our Products or Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify and hold the Company, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the WholeEarthGifts.com website and Features or our Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the WholeEarthGifts.com website and Features or our Services; and/or (v) any content you post or share on or through the Service. You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any points, rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any points, rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company’s sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the points balance or value of any Account(s). All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law. Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company’s sole option. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the WholeEarthGifts.com website and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.

If you have questions or comments about this notice, you may contact us at any time.

Whole Earth Group, LLC.
4108 SW Green Oaks Blvd. #173176
Arlington, TX. 76003 USA
info@wholeearthgifts.com
888.MYKRATOM
Live Chat

Subscription Service Terms & Conditions

Your use of Subscription Services and Subscription Products is governed by these Subscription Terms, which are described in further detail below.

The following points are particularly important:

  • Subscriptions automatically renew until canceled.
  • You may cancel your Subscription Product at any time by visiting your My Account dashboard and clicking the Cancel Subscription button in the Subscriptions tab, or by emailing us at support@wholeearthgifts.com.
  • Cancellations must be submitted three (3) business days before the next scheduled shipment.
  • Cancellation will immediately cease auto-renewal of Subscriptions.
  • The Access Period and cost of the Subscription Product you purchase are disclosed prior to purchase and confirmed via email following the purchase.
  • No coupons, sales, rewards, or other discounts may be applied to the monthly subscription service.
  • We will transfer your billing information only to our payment processor(s) as disclosed in our Privacy Policy.
  • Offers may be subject to additional limitations, which are always presented to you at the time of the offer receipt.

Read these Subscription Terms carefully before using the Subscription Services. These Subscription Terms (which include the other documents referenced below) constitute a legal agreement between you (“you” or “your”) and Whole Earth Group, LLC. If you purchase, register for, or redeem a Subscription Product through an External Service, you may also be subject to additional terms and conditions supplied by that service.

By purchasing and/or using a Subscription Product, and accessing or otherwise using any portion of the Subscription Services, you agree to be bound by these Subscription Terms, which contain liability limitations, an arbitration agreement, and a class action waiver, all as detailed in the Terms of Use. These provisions control how disputes are resolved.

If you are not willing to be bound by these Subscription Terms, do not purchase or use a Subscription Product, and you may not access or otherwise use any portion of the Subscription Services.

1. Eligibility Requirements
To be eligible to access and use the Subscription Services, you must meet the following criteria (“Eligibility Requirements”):
You must reside within one of the Authorized Jurisdictions, be at least 18 (21 where applicable by law) years of age or the age of legal majority in your Authorized Jurisdiction, and capable of entering into a binding agreement;

  1. You must have an account in good standing with us, which includes the payment of all Fees and Applicable Taxes if any; and
  2. You must meet any additional qualifications or adhere to any limitations disclosed with the offer of an applicable Subscription Product Service, including limitations on the use of Trials and those additional terms specified on our Subscriptions page, which we may update from time to time.

 

2. License for Your Use of the Subscription Services

Subject to your compliance with these Subscription Terms including the Eligibility Requirements, Whole Earth Group, LLC. hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Subscription Services in the Authorized Jurisdiction(s), and otherwise view and use the Subscription Services to the extent permitted by its intended function for your personal, non-commercial use, and not for the sublicense to or use by third parties.

3. Access and Renewal

Your ability to access and use the Subscription Service commences on the date we make the Subscription Services available to you following your purchase or redemption of a Subscription Product and remittance of the Fee and Applicable Taxes, if any, and continues until the end of the applicable Access Period. Whole Earth Group, LLC. will automatically renew or commence your Subscription for a new Access Period by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription as provided below.

Unless you affirmatively opt-out of automatic renewal either prior to the expiration of a Subscription Product or before the end of the then-current Access Period (as applicable), you hereby authorize Whole Earth Group, LLC. to renew or commence your subscription automatically at the end of each Access Period or at the expiration of your Subscription Product for a new Access Period.

If you opt-out of automatic renewal, your Subscription Product will expire and your access to the Subscription Services will cease at the end of its specified Access Period. In order to continue to access the Subscription Services after your Access Period has expired, you will need to purchase or redeem a new Subscription Product. You are required to maintain accurate and up-to-date payment information. Whole Earth Group, LLC. assumes no responsibility or liability if your Subscription Product fails to renew.

4. Subscription Cancellation; Refunds

You may cancel the renewal of Subscription Product at any time by emailing; support@wholeearthgifts.com, or by following the instructions included in your Subscription Product purchase, redemption, or renewal confirmation email. If you cancel your Subscription Product during your current Access Period, your access to the Subscription Services will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription Product is final and non-refundable; Whole Earth Group, LLC. will not issue you any refund, including partial, prorated, or otherwise unless required to do so by law.

5. Advertising

Except in the few limited circumstances set forth in this paragraph and the Whole Earth Group, LLC. Terms of Use, Whole Earth Group, LLC. provides the Subscription Services to you free of third party advertising. Certain audiovisual content on the Subscription Services may contain third party advertising or references to third party advertisers, particularly if sponsored or underwritten by an advertiser. If you receive the Subscription Services courtesy of an advertiser-sponsor, then advertising related to that sponsoring advertiser may appear in the Subscription Services. Whole Earth Group, LLC. may also market, promote, and/or advertise itself and its own products or services through the Subscription Services.

6. Availability and Modifications

Whole Earth Group, LLC. reserves the right to modify, offer additional, or cease offering Subscription Products and Subscription Services at any time in its sole discretion, including but not limited to changes in Fees, modifying the availability of and Eligibility Requirements for certain Subscription Products and Subscription Services, or modifying the features and functionality of certain Subscription Services. If we cease offering your current Subscription Product, your access to the Subscription Services will continue until the end of your then-current Access Period. In such an event, we may elect to migrate you to a similar Subscription Product and charge your payment method the associated Fee at the end of your then-current Access Period. We will provide you with thirty (30) days prior notice via email before changes in Subscription Products or Fees take effect. Any changes to the Subscription Products or Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Access Period. In the event we do migrate you to a different Subscription Product or modify your current Access Period or Fee, you may opt-out of these changes by disabling auto-renewal of your Subscription Product, or canceling your Subscription by emailing; support@wholeearthgifts.com.

7. Changes to Subscription Terms

We may modify these Subscription Terms from time to time. If we make material changes to these Subscription Terms as it applies to your currently active Subscription Product, then we will supply you with appropriate notice (e.g., in-app notification, email, statement on the Whole Earth Group, LLC. Service, etc) of those changes. Revised Subscription Terms will become effective upon the next renewal of your Subscription Product and your continued use of the Subscription Services will constitute your acceptance of the revised terms. If you are not willing to agree to the revisions, you may cancel your Subscription Product as disclosed above.

8. Entire Agreement

These Subscription Terms (including, without limitation, the documents incorporated into them constitute the complete and exclusive agreement between you and Whole Earth Group, LLC. with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements by or between you and Whole Earth Group, LLC. concerning such subject matter.

If you have questions or comments about this notice, you may contact us at any time.

Whole Earth Group, LLC.
4108 SW Green Oaks Blvd. #173176
Arlington, TX. 76003 USA
info@wholeearthgifts.com
888.MYKRATOM
Live Chat