Terms and Conditions of Use (Terms) – general description and information This document describes the “Terms and Conditions of Use” (herein known as the Terms) on which The Endless Possibilities Group (EPG) LLC, dba Earthawear™, offer you information, including Intellectual Property as defined below, services and/or products on Our web site and related web pages – herein collectively known as The Services. We reserve exclusive rights to modify, amend or restate the Terms at any time with or without prior notice. Any use of this web site and affiliated Services after the posting of modifications to these Terms will, by default, constitute your acceptance of the Terms as modified. These Terms and Conditions of Use together with our Privacy Policy Statement, (collectively, the "Terms”) represent the legally binding agreement between The Endless Possibilities Group (EPG) LLC, dba Earthawear™ and you in connection with your access to and use of this website, http://www.earthawear.com (the "Site"). Use of this website You (the user) represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms.  Accessing the Earthawear™ Web Site, in any manner, whether automated or otherwise constitutes use of the Web Site and your agreement to be bound by these Terms.  Additionally, you agree to not  use the Services for illegal purposes, and not to interfere or disrupt the networks connected to the Services. Use by children under certain ages – typically age 18 The Endless Possibilities Group (EPG) LLC, dba Earthawear™, does not knowingly offer information or sell products from its web site to individuals under certain ages – this is typically children under the age of 18.  The Endless Possibilities Group (EPG) LLC, dba Earthawear™ reserves the right to apply these Terms to any location in the world where a minimum legal age is defined.  If you, the user, are under the age of 18, or under any legal age as defined by applicable law in your locale, you may only use this web site under the direction, guidance, and involvement of a parent or legal guardian.  The Endless Possibilities Group (EPG) LLC, dba Earthawear™, reserves the right to refuse service, terminate accounts, cancel orders, requests, and/or shipments at its sole discretion.  The Endless Possibilities Group (EPG) LLC, dba Earthawear™ disclaims all liability with regard to your use of this web site as a minor outside the Terms described herein. Links to web sites operated by other parties The Earthawear™ web site may contain links to web sites operated by other parties. The Endless Possibilities Group (EPG) LLC, dba Earthawear™, provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not owned or operated by or under the control of The Endless Possibilities Group (EPG) LLC, dba Earthawear™.  We are not in any way responsible for the content available or contained on the other sites. Such links do not imply Our endorsement of information or material on any other site and The Endless Possibilities Group (EPG) LLC, dba Earthawear™ disclaims all liability with regard to your access to and use of such linked web sites. Linking to Earthawear web site Unless otherwise set forth in a written agreement between you and The Endless Possibilities Group (EPG) LLC, dba Earthawear™, you must adhere to Our linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Endless Possibilities Group (EPG) LLC, dba Earthawear™, names and trademarks, (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with The Endless Possibilities Group (EPG) LLC, dba Earthawear™, (c) when selected by a user, the link must display this web site on full-screen and not within a "frame" on the linking web site, (d) you may not, without our prior written permission, frame or inline link partial contents of our web site, or incorporate into another web site or other service any of our material, content or intellectual property (e) The Endless Possibilities Group (EPG) LLC, dba Earthawear™ reserves the right  to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of The Endless Possibilities Group (EPG) LLC, dba Earthawear™ logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted. Links to third party sites The Endless Possibilities Group (EPG) LLC, dba Earthawear™, in its sole discretion, or other end users may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which The Endless Possibilities Group (EPG) LLC, dba Earthawea™r, exercises no control. Use of these sites is at your own risk.  Accordingly, The Endless Possibilities Group (EPG) LLC, dba Earthawear™, expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites and The Endless Possibilities Group (EPG) LLC, dba Earthawear™, disclaims all liability with regard to your access to and use of such linked web sites.  Moreover, these links do not imply an endorsement by The Endless Possibilities Group (EPG) LLC, dba Earthawear™, with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site, or any web site or the products and/or services provided by any third party. Restrictions on use You may not use the Services for any illegal purposes or in any manner inconsistent with the Terms. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree to promptly notify Us upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights. Further rights and restrictions on use You have Our permission to download material(s) from the Services and/or make a print hardcopy for your own personal, non-commercial use.  However, such printing must include and retain all trademark, copyright, and/or proprietary notices. You may not, however, use the Services in any manner to improve its quality or content for sale leading to personal financial gain.  In addition, you may not use any of our trademarks, tradenames, or any other forms of our business names which may create the impression that such names belong to you, or are associated with you in any way, shape, or fashion.  You, the user, acknowledge that you have no rights or ownership to any of our business names or marks. Moreover, you agree to not use the Services or information contained herein for unsolicited mailings (either electronic or otherwise) or “spam” material.  You will not use any of our trademarks, tradenames, or any other forms or our business names in unsolicited mailings or spam.   Intellectual Property This website contains material which is derived and compiled in part and/or in whole from materials supplied by Us and various other sources. This website, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the "Intellectual Property"), is to be considered property belonging to The Endless Possibilities Group (EPG) LLC.   If you would like to make copies and/or distribute certain information, please contact us. No license granted You acknowledge to have no rights or licenses in or to the Services and materials contained in this document other than the limited right to utilize the Services in accordance with the Terms as described herein. Should you choose to download content from the Services, you must do so in accordance with the Terms. Such download is licensed to you by Us only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other licensing rights to you. Accuracy disclaimer We do not warrant or guarantee the accuracy, quality, completeness, currency, pricing, or validity of any information on the web site linked to or from the web site. All information contained on this web site has been obtained from sources believed by Us to be accurate and reliable.  All ads, press releases, announcements, newsletters, etc. are provided by the identified organizations and/or linkages.  We do not edit or control the information We receive.  We may, at our sole discretion, note obvious errors that have been discovered.  Due to the possibility of human, mechanical, and/or technical error, We are not responsible for any errors or omissions. Rights reserved All rights, both present and future, regarding the Intellectual Property and any other proprietary rights of  The Endless Possibilities Group (EPG) LLC, dba Earthawear™, of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations shall at all times remain the sole and exclusive property of The Endless Possibilities Group (EPG) LLC. Liability disclaimer The material provided on this web site could include technical inaccuracies or typographical errors.  The web site may be subject to periods of interruption beyond our control. We reserve the express rights to modify or discontinue, temporarily or permanently, the web site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the web site or any portion thereof. Limitation of liability While We endeavor to maintain the highest professional quality of the Services We offer on Our web site, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus; the use of, or the inability to use the materials in the Services even if there is negligence by Us or an authorized representative of The Endless Possibilities Group (EPG) LLC, dba Earthawear™.  You, the user, consider yourself as having been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. However, our total liability to you for all losses, damages, and causes of action will not exceed the amount you paid to Us to access the Services. Indemnity User agrees to indemnify, defend and hold The Endless Possibilities Group LLC, dba Earthawear™, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including any and all reasonable attorney fees, due to or arising out of your use of this web site and/or breach of this agreement – herein identified and acknowledged as the Terms. Password and online website accounts You may be offered the opportunity to choose your own username and password or be assigned a username and password with which to access restricted areas of this web site. You agree not to use the username or password of another user at any time or to disclose your password to any third party.  We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. You are solely responsible for any and all uses of your username and password. The Endless Possibilities Group LLC, dba Earthawear™, is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential.  The Endless Possibilities Group (EPG) LLC, dba Earthawear™ is not responsible for any credits or debits made to your account by any person or persons who uses your username and/or password without your express consent and permission.  You agree to notify The Endless Possibilities Group (EPG) LLC, dba Earthawear™ immediately if you suspect any unauthorized use of your username or access to your password. General disclaimer We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site. This includes any personal injury, business interruption, loss of use, lost data, lost profits, any or all other losses, whether in an action of contract, negligence, or other tortuous action, even if We have been informed of the possibility. Miscellaneous These Terms will be governed and be interpreted pursuant to the laws of the State of  West Virginia, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. If We ask a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Our reasonable control. The Endless Possibilities Group (EPG) LLC, dba Earthawear™, reserves the right to refuse service, terminate accounts, cancel orders, requests, and/or shipments at its sole discretion.