Website Terms and Conditions of Use Agreement

Earthworm Clothing, Inc. would like to thank you for shopping with us! Please read these Terms carefully before using this website. By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, please do not use the website.

GENERAL

Earthworm Clothing, Inc. ("Earthworm Clothing") may modify all or any part of these Terms of Use from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.

SECURE SITE

To make certain all information is securely transacted, all communications and processing occurs through Secure Socket Layers (SSL). To ensure a higher level of security, we use 1024-bit SSL encryption with all of our transactions.

COPYRIGHT

Copyrights for the materials contained in this site, including all text, graphics, and photos, are owned by Earthworm Clothing, Inc. © 2005 Earthworm Clothing, Inc. All rights reserved. The use, reproduction, and/or re-transmission by any means of any of the material contained in this site without the written permission of Earthworm Clothing, Inc. is strictly prohibited.

TRADEMARKS

The trademarks and logos displayed on this website are the property of Earthworm Clothing, Inc. or other third parties. You are not permitted to use these Trademarks without the prior written consent of Earthworm Clothing, Inc. or such third party which may own the Trademark.

Links to Other Sites

Links to third party web sites on this site are provided solely as a convenience. If you use these links, you will leave this site. Earthworm Clothing, Inc. does not claim to have

reviewed these third party sites in their entirety, nor does it control these sites. Earthworm Clothing, Inc. is not responsible for any of these sites or their content. Furthermore, Earthworm Clothing, Inc. does not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

Accuracy of Information

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. If you are not fully satisfied with your purchase you may return it in its original condition, with the original Earthworm Clothing, Inc. packing receipt within 14 days of the order date. (Please see our Return Policy).

INDEMNIFICATION

You agree to defend, indemnify and hold Earthworm Clothing, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Earthworm Clothing, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Limitation of Liability

IN NO EVENT WILL Earthworm Clothing, Inc., ITS AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

POLICY

Earthworm Clothing, Inc. welcomes your questions and/or comments regarding our Terms and Conditions of Use and anything else on this site.

Contact Information: 610 Howard St * Wilmington, NC 28401 * Office/fax: 910.763.1366 * email: sales@earthwormclothing.com

Returns: Returns are issued within 14 days of purchase on new, unused items only. A 15% restocking fee will be applied to all returns. Refunds are issued in the original form of payment. Customer is responsible for all return shipping costs. We do not backorder.