Terms & Conditions
Agreement between User and www.deepeartharts.com
Welcome to www.deepeartharts.com. The www.deepeartharts.com website (the "Site") is
comprised of various web pages operated by Deep Earth Arts. www.deepeartharts.com is offered
to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.deepeartharts.com constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.deepeartharts.com is an E-Commerce Site.
Deep Earth Arts offers subscription services, an online shop, information about our in person shop,
as well as a blog and other information concerning spirituality, nature, and the services of both Josh
Simonds and Isaac Vars.
Electronic Communications
Visiting www.deepeartharts.com or sending emails to Deep Earth Arts constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
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. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Deep Earth Arts is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Deep Earth Arts and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Deep Earth Arts does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.deepeartharts.com only
with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel a subscription at any time. There are no refunds for services, just rescheduled
time slots. If you have any questions about cancellations or refunds, please email Isaac at
care@deepeartharts.com .
Links to Third Party Sites/Third Party Services
www.deepeartharts.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Deep Earth Arts and Deep Earth Arts is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
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changes or updates to a Linked Site. Deep Earth Arts is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Deep Earth Arts of the
site or any association with its operators.
Certain services made available via www.deepeartharts.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.deepeartharts.com domain, you hereby acknowledge and consent that Deep Earth Arts may
share such information and data with any third party with whom Deep Earth Arts has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.deepeartharts.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.deepeartharts.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Deep Earth Arts that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Deep Earth Arts or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Deep Earth Arts content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Deep Earth Arts and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Deep Earth Arts or our licensors except as expressly authorized by
these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Deep Earth Arts has no obligation to monitor the Communication Services. However, Deep Earth
Arts reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Deep Earth Arts reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.
Deep Earth Arts reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Deep Earth Arts's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Deep Earth Arts does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Deep Earth Arts
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Deep Earth Arts spokespersons, and their views do not necessarily reflect those of
Deep Earth Arts.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.deepeartharts.com or Posted on Any Deep Earth Arts Web
Page
Deep Earth Arts does not claim ownership of the materials you provide to
www.deepeartharts.com (including feedback and suggestions) or post, upload, input or submit to
any Deep Earth Arts Site or our associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are granting Deep Earth
Arts, our affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Deep Earth Arts is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Deep Earth Arts's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
International Users
The Service is controlled, operated and administered by Deep Earth Arts from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Deep Earth Arts Content
accessed through www.deepeartharts.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Deep Earth Arts, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Deep Earth Arts reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Deep Earth Arts in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DEEP EARTH ARTS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DEEP EARTH ARTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
DEEP EARTH ARTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DEEP EARTH ARTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
DEEP EARTH ARTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Deep Earth Arts reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New Hampshire and you
hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Deep Earth Arts as a result of this agreement or use of the Site. Deep Earth Arts's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Deep Earth Arts's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Deep Earth Arts with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Deep Earth Arts with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Deep
Earth Arts with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Deep Earth Arts reserves the right, in its sole discretion, to change the Terms under which
www.deepeartharts.com is offered. The most current version of the Terms will supersede all
previous versions. Deep Earth Arts encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Deep Earth Arts welcomes your questions or comments regarding the Terms:
Deep Earth Arts
103 Cottage Street
Littleton, New Hampshire 03561
Email Address:
care@deepeartharts.com
Telephone number:
6039916990
Effective as of September 06, 2022