Terms and Conditions | Earthley Wellness

Last updated: November 13, 2025

Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the http://www.earthley.com website (the “Site”).

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing the Site, you represent that you are an adult of 18 or more years of age and agree to comply with and be bound by the Terms and Conditions.

If you disagree with any provision of the Terms and Conditions, you may not access or use the Site.

Agreement

The Terms and Conditions govern your access to and use of the Site, and your access/use of the Site constitutes an agreement between you and Earthley Wellness as to such use/access. The Terms may be modified at any time by Earthley Wellness by posting the modified Terms and Conditions to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of this Terms at any time at https://earthley.com/terms-and-conditions. Your use of this Site shall constitute and be deemed your unconditional acceptance of the Terms and Conditions.

Privacy

Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated by reference into the Terms. Please review our Privacy Policy at https://earthley.com/privacy-policy. Earthley Wellness reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.

Purchase Disclaimer

You are hereby advised that no item for sale on the Site is intended to diagnose, treat, cure or prevent any disease, or affect any specific condition. Products and services available for purchase should be purchased following consultation with a qualified health professional. It is solely your responsibility to determine if any products purchased from the Site could interact with your diet, current medication and/or lifestyle. Earthley is not responsible for your use or misuse of its products with respect to any potential interaction with other foods and/or medication that you take, or your specific lifestyle choices.

Neither Earthley Wellness, nor its employees, contractors and/or affiliates, are medical professionals. Earthley Wellness will not answer specific medical questions via email or chat. No product recommendations provided to you, based on your specific requests, constitute medical advice. No product description constitutes medical advice.

Wholesale Selling

You are not permitted to resell any products purchased through the Site on Amazon.com, in the United States. Earthley Wellness has an exclusive agreement with a third-party seller (Mixt Solutions) to manage our Amazon.com listings in the United States. Anyone interested in becoming a wholesaler of our products is welcome to sell on ANY other channel, including but not limited to Walmart marketplace, eBay, Etsy, social media sites/apps, your own website, your own e-mail lists, in-person, in a retail location, etc... but NOT Amazon.com in the United States. In the event you violate this provision of the Terms, Earthley Wellness will seek

Product Returns

See our Return Policy for more information.

Site Content

The Site is provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error-free manner. We reserve the right to cease operating the Site or any of its features at any time.

Intellectual Property

All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the property of Earthley Wellness or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Site Use

Earthley Wellness grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law or in violation of the Terms and Conditions. Your use of this Site is at the discretion of Earthley Wellness, which may terminate your access and use at any time.

Links To Other Websites

The Site may provide links to other websites. This Stie’s Terms and/or Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.

You further acknowledge and agree that Earthley shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services, available on or through any third-party websites.

Email Communication

We offer an email newsletter that you may opt into or out of at any time. This email newsletter is provided by our staff to inform users of current or upcoming sales, new product launches, general wellness information, etc. No communication from Earthley Wellness is intended to be, nor should it be construed as medical advice, and it does not create a doctor-patient relationship between you and Earthley Wellness or any of its employees/contractors. Unsubscribe links are provided at the bottom of each email for those who no longer wish to receive email communications from us.

SMS/MMS Communication

We offer a text message service for current and former customers who may opt in or out of at any time. These messages alert recipients to current and upcoming sales, new product launches, general wellness information, etc. No communication from Earthley Wellness is intended to be, nor should it be construed as medical advice, and it does not create a doctor-patient relationship between you and Earthley Wellness or any of its employees/contractors, including replies from our team to questions from users. To stop receiving text messages, please see the “Earthley Messaging Terms & Conditions” below.

Earthley Messaging Terms & Conditions

You may consent to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Earthley, including text messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Earthley reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Earthley also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Earthley, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation of SMS/MMS Communication

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include at least one of the following keyword commands: STOP, END, CANCEL, UNSUBSCRIBE or QUIT, and agree that Earthley and its service providers will have no liability for failing to honor such requests that do not include at least one of these specific keyword commands. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Earthley through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please visit and submit the form with details about your problem or your request for support, or email customercare@earthley.com.

Contact

This message program and the Site is a service of Earthley Wellness, located at 320 Outerbelt Street Suite J, Columbus, Ohio 43213.

If you have any questions about these Messaging Terms, please contact us via email (customercare@earthley.com) or phone 614-714-1708

Dispute Resolution

a. General. In the interest of resolving disputes between you and Earthley in the most expedient and cost effective manner, you and Earthley agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Earthley or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Earthley or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Earthley ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Earthley to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and Earthley will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Earthley. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. If you or Earthley intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Earthley address for Notice is: 320 Outerbelt Street Suite J, Columbus, Ohio 43213, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Earthley will make good faith efforts to resolve the claim directly, but if you and Earthley do not reach an agreement to do so within 30 days after the Notice is received, you or Earthley may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Earthley must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Earthley will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Earthley for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Earthley agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Earthley made within 14 days of the arbitrator’s ruling on the merits.

e. No Class Actions. YOU AND Earthley AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Earthley agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

f. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Earthley Wellness makes any future change to this arbitration provision, other than a change to Earthley address for Notice, you may reject the change by sending us written notice within 30 days of the change to Earthley address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Earthley.

g. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

Indemnification

You agree to indemnify, defend and hold Earthley Wellness, and our partners, contractors, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of the Terms and Conditions (to include the Messaging Terms) or use of the Site.

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EARTHLEY WELLNESS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL EARTHLEY WELLNESS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THE TERMS, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in the Terms that directly conflict with such laws may not apply to you.

Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is the Chief Executive Officer of Earthley Wellness, who can be reached as follows:

By Mail: 320 Outerbelt Street, Suite J, Columbus, OH 43213

By Phone: 614/694-0154

By E-mail: ben@earthley.com

Applicable Law

You agree that the laws of the state of Ohio ,without regard to conflicts of laws provisions, will govern the Terms and any dispute that may arise between you and Earthley Wellness or its affiliates. Venue shall be in the state and federal courts with jurisdiction over Franklin County, Ohio.

Severability

If any provision of the Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Contact Us

If you have any questions about these Terms, please contact Earthley Wellness via email (customercare@earthley.com), phone 614-714-1708, or mail at 320 Outerbelt Street, Suite J, Columbus, OH 43213.