Terms Of Service


The entity operating this website is By The Earth Living. As you navigate the site, "we", "us", and "our" refer to By The Earth Living. By The Earth Living provides this website to you, the user, including all information, tools, and services offered here, subject to your acceptance of all terms, conditions, policies, and notices outlined on this page.

By using or accessing our site, including making a purchase, you agree to be bound by our "Service" and these Terms of Service. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. Please review these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions outlined in this agreement, then you are not authorized to access the website or use any services. If our Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to these Terms of Service. The most current version of our Terms of Service can be found on this page, and we reserve the right to update, modify, or replace any part of these Terms of Service at any time. It is your responsibility to check this page periodically for changes. By continuing to use or access the website following the posting of any changes, you accept those changes.


We utilize Shopify Inc. as the host for our online store. Their e-commerce platform enables us to offer our products and services to you.



By accessing or using our Service, you affirm that you are of legal age in your state or province of residence, or that you have given us consent to allow any of your minor dependents to use this site. You may not use our products or services for any illegal or unauthorized purpose, and you agree to comply with all applicable laws in your jurisdiction, including copyright laws. You must not transmit any harmful code or viruses, and a breach of any of these terms may result in the immediate termination of your access to our Service.



We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may be altered to comply with technical requirements of networks or devices. Your credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. The headings in these terms are included for convenience and do not limit or affect these Terms.



We strive to provide accurate and up-to-date information on our site, but we do not guarantee the accuracy, completeness, or timeliness of any information on our site. The material on our site is provided for general information only and should not be relied upon without consulting primary, more accurate, complete, or timely sources of information. Historical information on our site is not current and is provided for reference only. We reserve the right to modify the contents of our site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


Section 4 - Changes to Service and Prices:

We reserve the right to modify or terminate the Service, or any part of it, without prior notice. This includes changes to the content and prices of our products, which may occur without warning. We will not be held responsible for any modifications, price changes, suspensions, or discontinuations of the Service that may occur.



Our website may offer certain products or services that are exclusively available online. These items may have limited quantities and can only be returned or exchanged according to our Return Policy. While we've made every effort to accurately display the colors and images of our products, we cannot guarantee that your computer monitor will accurately reflect these visuals.

We reserve the right, but are not obligated, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions on a case-by-case basis. We may limit the quantity of any product or service we offer, and we reserve the right to modify product descriptions and prices at our sole discretion, without prior notice.

We also reserve the right to discontinue any product at any time, and any offer for a product or service on our site is void where prohibited. We cannot guarantee that any product, service, information, or other material obtained through our site will meet your expectations or that any errors in the Service will be corrected.




To ensure accuracy of billing and account information, we reserve the right to refuse any order and limit or cancel quantities purchased per person, household or order. Such limitations may apply to orders under the same customer account, credit card, or shipping and billing address. If we make any changes or cancellations to an order, we may notify you through the contact information provided at the time of purchase. We also reserve the right to restrict orders that we believe are made by dealers, resellers or distributors.

By making a purchase at our store, you agree to provide current, complete and accurate purchase and account information. You also agree to update your account information including email address and credit card details, promptly and as needed for us to complete your transactions and communicate with you.



We may provide you with access to tools from third-party providers that we do not monitor, control, or influence. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. If you choose to use any optional tools offered through the site, you do so entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the relevant third-party provider(s) provide the tools. We may also offer new services and/or features through the website in the future, including new tools and resources. These new features and/or services will also be subject to these Terms of Service.



Our Service may contain content, products, and services from third-party providers. Links to third-party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, you should review the third-party's policies and practices carefully to ensure you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.



If we request certain specific submissions from you, such as contest entries, or you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may use and publish in any medium any comments you forward to us without restriction. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. We may monitor, edit, or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.


Your submission of personal information through the store is governed by our Privacy Policy.



Occasionally, our site or Service may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies,


Section 12 of the Terms of Service outlines the prohibited uses of the site and its content. Users are prohibited from using the site for any unlawful purpose, soliciting others to perform unlawful acts, violating regulations, rules, laws or ordinances, infringing upon intellectual property rights, harassing or discriminating against others, submitting false information, uploading malicious code or interfering with security features, among other things. By The Earth Living reserves the right to terminate a user's access to the service for violating any of the prohibited uses.

Section 13 of the Terms of Service disclaims warranties and limits liability. By The Earth Living does not guarantee uninterrupted, timely, secure or error-free use of the service and does not warrant the accuracy or reliability of results obtained from using the service. The service is provided "as is" and "as available" without any representation, warranties or conditions of any kind. By The Earth Living and its affiliates shall not be liable for any damages arising from a user's use of the service, including but not limited to lost profits, revenue, savings, or data. By The Earth Living's liability is limited to the maximum extent permitted by law.

Section 14 of the Terms of Service outlines indemnification. Users agree to indemnify and hold harmless By The Earth Living and its affiliates from any claim or demand, including reasonable attorneys' fees, arising from the user's breach of these Terms of Service, violation of the law, or violation of a third-party's rights.


Section 15 - Severability: If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions will still be enforceable to the fullest extent allowed by law. The unenforceable provision will be considered severed from these Terms of Service and will not affect the validity of any other remaining provisions.

Section 16 - Termination: These Terms of Service will remain in effect unless either party terminates the agreement. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services or when you stop using our site. We may terminate this agreement at any time without notice if we suspect that you have failed to comply with any term or provision of these Terms of Service. In this case, you will remain liable for all amounts due up to and including the date of termination.

Section 17 - Entire Agreement: These Terms of Service and any policies or rules posted by us on our site or in respect to the Service constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Section 18 - Governing Law: These Terms of Service and any separate agreements in which we provide you with services will be governed by and construed in accordance with the laws of By The Earth Living, 139 S Main Avenue Fallbrook CA, 92028

Section 19 - Changes to Terms of Service: We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. Your continued use of our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. You are responsible for periodically checking our website for any changes.


This is Section 20 of the terms and conditions for the SMS/MMS mobile message marketing program offered by By The Earth Living. By participating in the Program, you agree to these Mobile Messaging Terms and Conditions and Privacy Policy. You also agree to receive marketing messages sent to your phone number through an autodialer or prerecorded messages, although not all messages may be sent through an automatic telephone dialing system. You understand that opting in to the Program does not require you to make any purchase from By The Earth Living, but message and data rates may apply. The Agreement is limited to the Program and does not modify any other terms and conditions or privacy policies that may apply to your relationship with By The Earth Living.


To opt out of the Program or withdraw your agreement to this Agreement, you are required to respond with any of the following keywords: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message sent from us. Upon opting out, you may receive a confirmation message. Please note that using any other keywords or methods to opt out, such as altering, changing, or modifying the prescribed keywords, or verbally requesting an employee to remove you from our list, is not a reasonable means of opting out. You acknowledge that our text message platform may not recognize and respond to such non-standard opt-out requests, and we and our service providers shall not be liable for failing to honor such requests.


The Program enables users who opt in to receive various messages related to the marketing, promotion, payment, delivery, and sale of digital and physical products, services, and events. These messages, which may include checkout reminders, will be sent periodically at the discretion of the program and could vary in frequency on a daily, weekly, or monthly basis. Additionally, based on the user's interaction with the Program, recurring mobile messages and other additional mobile messages may be sent periodically. To get support for the Program, users can text "HELP" to the number from which they received the messages or send an email to support@ByTheEarthLiving.net. However, it's important to note that this email address cannot be used to opt-out of the program, and opt-outs must be done through the proper procedures mentioned above.

Our Warranty Disclaimer: We provide the Program "as is" and it may not be available in all areas or continue to function in the event of changes made by your wireless carrier. We are not responsible for any delays or failures in the receipt of mobile messages related to the Program. The delivery of mobile messages is subject to the effectiveness of transmission by your wireless service provider/network operator, which is outside of our control. Delayed or undelivered mobile messages are not the responsibility of carriers.

Participant Requirements: To participate in the Program, you must have your own wireless device capable of two-way messaging, be a wireless service subscriber with text messaging service, and use a participating wireless carrier. Not all cellular phone providers offer the necessary service for participation. Refer to your phone capabilities for specific text messaging instructions.

Age Restriction: If you are under 13 years of age, you are not permitted to use or interact with the Platform. If you are between 13 and 18 years old and use or engage with the Platform, you must obtain permission from your parent or legal guardian. By using or engaging with the Platform, you confirm that you are not under the age of 13, have your parent's or legal guardian's permission to use or engage with the Platform if you are between 13 and 18 years old, or are of adult age in your jurisdiction. Additionally, by using or engaging with the Platform, you acknowledge and agree that you are permitted by the Applicable Law in your jurisdiction to do so.


You agree not to send any prohibited content through the Platform. This includes fraudulent, defamatory, threatening, harassing, or stalking content, objectionable content such as profanity, violence, bigotry, and discrimination, pirated software and harmful code, any unlawful products, services, or promotions, personal health information protected by HIPAA or HITECH, and any other content that is prohibited by applicable law.

If a dispute arises between you and us or any third-party service provider acting on our behalf regarding federal or state statutory claims, common law claims, or the breach, termination, enforcement, interpretation, or validity of this agreement, it will be resolved through binding arbitration in Vancouver, British Columbia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator will apply the substantive laws of the Federal Judicial Circuit where By The Earth Living's principal place of business is located. The parties will select an arbitrator with at least five years of experience and knowledge of the dispute's subject matter, or the AAA will appoint one. The arbitrator's decision will be final and binding, and each party will bear its share of the arbitration fees. The arbitrator may award attorneys' fees only if authorized by statute or contract and cannot award punitive damages.


The parties agree that any claims against each other must be brought through individual arbitration and not as a member of a class or representative proceeding. Additionally, the arbitrator cannot preside over any form of representative or class proceeding and may not consolidate claims from multiple persons, unless both parties agree otherwise in writing.

Unless required by law, neither party nor the arbitrator can disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal right. If any provision of this Section is deemed invalid, illegal, or unenforceable in a particular jurisdiction, it will not affect any other provision of this Section or invalidate or render unenforceable that provision in any other jurisdiction. If a dispute is brought to court instead of arbitration, the parties waive their right to a jury trial. This arbitration provision remains in effect even if the agreement to participate in our Programs is canceled or terminated.


This agreement acknowledges compliance with the Florida Telemarketing Act and the Florida Do Not Call Act for Florida residents. If you opt into the program and provide a shipping address located in Florida or use a phone number with a Florida area code, we may assume you are a Florida resident. You may not assert that you are a Florida resident and the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you if you do not meet these criteria or advise us in writing that you are a Florida resident. As a Florida resident, mobile messages sent in direct response to your messages or requests will not be considered "telephonic sales call" or "commercial telephone solicitation phone call" as defined by Florida Statutes Section 501.

By agreeing to these terms, you warrant and represent that you have the necessary rights, power, and authority to do so. Failure to exercise any right provided in this agreement will not waive further rights. If any provision in this agreement is found unenforceable, it will be limited or eliminated to the minimum extent necessary for the agreement to remain in full force and effect. Any updates to the program will be subject to this agreement unless stated otherwise in writing. We reserve the right to modify this agreement, and any changes will be communicated to you. You are responsible for reviewing this agreement and accepting it as modified by continuing to participate in the program.

Questions about the Terms of Service should be sent to us at support@bytheearthliving.net