(Effective as of February 2019)

Welcome to the website of Down to Earth Organic & Natural (DTE website). The following Terms of Use apply when you view or use the DTE website or by accessing the DTE website through your mobile device. Please review the following terms carefully. By accessing or using the DTE website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the DTE website.  

Privacy Statement

The Company respects the privacy of its DTE website users. Please refer to DTE’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the DTE website, you signify your agreement with this Privacy Policy.

About the DTE Website

The DTE website allows you to find information about:

  • How to improve the health of island communities through organic and natural products and a vegetarian lifestyle.
  • Events hosted by DTE
  • Monthly sale items, and to
  • Provide feedback about our stores and your experience at Down to Earth
  • Rules for User Conduct and Use of the DTE Website
  • You need to be at least 13 years old and a resident of the United States to use the DTE website

Use Restrictions

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • Use the DTE website for any unlawful purpose or for the promotion of illegal activities;
  • Interfere or attempt to interfere with the proper functioning of the DTE website;
  • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the DTE website or use any software, technology, or device to scrape, spider, or crawl the DTE website or harvest or manipulate data; or
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Online Content Disclaimer

Under no circumstances will DTE be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the DTE website, or transmitted to users.

Links to Other Sites and/or Materials

As part of the DTE website, DTE may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to DTE website users. The Company has no control over Third Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or service available on these Third-Party Sites or Third-Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by DTE, and DTE is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by DTE.  If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Copyright Complaints and Copyright Agent

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the DTE website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our copyright agent at Cades Schutte; 1000 Bishop Street Suite 1200; Honolulu, HI 96813:

  • The date of your notification;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  • Information reasonably sufficient to permit the DTE website provider to contact you, such as an address, telephone number, and/or email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the DTE website, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on the DTE website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Email May Not Be Used to Provide Notice

Email communications will not constitute legal notice to DTE or any of its officers, employees, agents or representatives in any situation where notice to DTE is required by contract or any law or regulation.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from DTE in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that DTE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages including information about DTE and special offers. You may opt out of such email by using the “Unsubscribe” function in emails that we send you, sending us an email using the Feedback page of our website, or by sending an email to optout@downtoeath.org. To opt out of our newsletter, use the “Unsubscribe” function at the top of the e-newsletter or the bottom of the news page of our website. You may also send us a letter to the following postal address:

Down to Earth Organic & Natural
Attn: Customer Support
P.O. Box 1166
Kailua, HI 96734

Opting out may prevent you from receiving messages regarding DTE or special offers.

Warranty Disclaimer

THE DTE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE DTE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE DTE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE DTE WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE DTE WEBSITE; (C) THE DTE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE DTE WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE DTE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us. For this additional reason, you should keep your contact information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of DTE’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of DTE. No purported waiver or modification of this Agreement by DTE via telephonic or email communications shall be valid.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of DTE to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with DTE must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Hawaii, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of DTE website and/or DTE’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of DTE website or Privacy Policy without DTE’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.