TERMS OF USE

1. Agreement and Scope

These Terms of Use (“Terms”) govern your access to and use of https://www.earthlinegreen.com and any other Earthline website that expressly links to these Terms (collectively, the “Site”).

The Site is operated by Earthline Inc., doing business as Earthline (“Earthline,” “we,” “us,” or “our”). “You” means the individual using the Site or, where applicable, the entity on whose behalf that individual acts.

By accessing or using the Site, you agree to these Terms. If you do not agree, discontinue use of the Site. If you use the Site on behalf of an entity, you represent that you have authority to bind that entity.

The Site is intended for users who are at least 18 years old and have the legal capacity to enter into these Terms.

These Terms include a binding arbitration provision and a class-action waiver in Section 13. Please read that section carefully.

You may save or print a copy of these Terms for your records.

2. Earthline’s Pre-Launch Website

Earthline is a pre-launch foodservice products brand focused on next-generation material pathways, including applications involving polyhydroxyalkanoates (“PHA”).

The Site currently provides information about Earthline, planned product categories, materials, and potential business opportunities. It may also allow you to contact us or request launch updates. It does not currently provide customer accounts, public user-posting features, or online checkout.

Product concepts, images, renderings, descriptions, and development plans may be preliminary or illustrative. They do not establish that a product is commercially available or that a depicted design, material, specification, or package will be offered.

Availability, launch dates, pricing, quantities, specifications, and product configurations may change. Joining a launch list or submitting an inquiry does not constitute an order, reserve inventory, guarantee access to samples, or require either party to enter into a transaction.

Any future sale, sample arrangement, distribution relationship, or other commercial transaction may be subject to separate written terms. These Terms do not replace those agreements or create a product warranty.

You are responsible for complying with laws applicable to your use of the Site. We do not represent that the Site or its content is appropriate or available for use in every jurisdiction.

3. Product, Material, and Environmental Information

Information about PHA or another material describes the material or application identified in its context. A characteristic of a resin, material family, component, or supplier’s product does not automatically establish the same characteristic for an Earthline finished product.

Unless expressly stated for an identified finished product and supported by applicable documentation, the Site does not represent that Earthline’s planned products are certified, home or backyard compostable, industrially compostable, biodegradable in any particular environment, recyclable, or equivalent in performance to conventional plastic.

Product-specific statements must be read together with their stated limitations, testing conditions, certification scope, and disposal instructions. Certification or testing for one product, component, thickness, or configuration does not necessarily apply to another.

Where compostability is stated for a particular product, the applicable environment and conditions matter. Home composting and industrial composting are different pathways. Facility acceptance and local collection programs may vary. Compostability does not mean that a product will break down in a landfill, in the ocean, or as litter.

Do not litter. Follow applicable product instructions and local waste-management requirements.

Before making purchasing, operational, or disposal decisions, request the current documentation for the particular finished product. Preliminary website information does not replace product-specific instructions or a separate written agreement.

Nothing in these Terms withdraws an express commitment made in a separate binding agreement or limits rights that cannot lawfully be excluded.

4. Intellectual Property and Permitted Use

The Site’s text, designs, graphics, photographs, videos, software, and other materials (“Content”), and the trademarks, service marks, and logos displayed on the Site (“Marks”), are owned by Earthline or its licensors and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Site and download or print reasonable portions of its Content for personal, non-commercial use or legitimate internal business evaluation.

You must retain copyright, trademark, and other proprietary notices. This permission does not authorize resale, republication, commercial distribution, or use of our Marks to imply affiliation, approval, or endorsement.

Except as expressly permitted by these Terms or applicable law, you may not reproduce, modify, distribute, publicly display, sell, license, or commercially exploit the Site, Content, or Marks without our prior written permission.

You may link to publicly accessible pages of the Site if the link is lawful, does not misrepresent your relationship with Earthline, and does not imply our endorsement. You may not frame the Site in a way that obscures its source or misleads visitors.

Rights not expressly granted are reserved. Permission requests may be sent to arjun@earthlinegreen.com.

5. Acceptable Use

You agree not to:

• Use the Site for unlawful, fraudulent, or deceptive purposes.
• Impersonate another person or misrepresent your identity, authority, or affiliation.
• Submit information you know is materially false or misleading.
• Submit unlawful threats, harassment, or material that infringes another person’s intellectual property, privacy, or other legal rights.
• Introduce malware or otherwise interfere with the Site’s operation, security, or availability.
• Attempt to access systems, data, or areas of the Site without authorization.
• Circumvent access restrictions or security measures.
• Use automated tools to extract Content systematically, overload the Site, or send unsolicited messages without our permission.
• Collect personal information through the Site without authorization.
• Remove proprietary notices or use Content or Marks beyond the permission granted in Section 4.
• Reverse engineer Site software except to the extent applicable law permits despite this restriction.

Ordinary browser use and standard search-engine indexing are permitted, provided they do not bypass access restrictions or interfere with the Site.

Nothing in these Terms prohibits honest reviews, lawful criticism, reporting concerns to government authorities, or other legally protected activity.

6. Inquiries, Submissions, and Feedback

You are responsible for information and materials you send through the Site or to Earthline. You represent that you have the rights and permissions needed to submit them and allow us to process them for their intended purpose.

You retain ownership of your submissions. You authorize us to receive, store, reproduce, and use inquiry materials as reasonably necessary to evaluate and respond to your request, subject to applicable law, our Privacy Policy, and any separate agreement.

If you voluntarily provide suggestions or feedback about the Site or Earthline’s products or business, you grant Earthline a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, adapt, and incorporate that feedback into our operations, products, and services without compensation. This license does not transfer ownership of your feedback or authorize public disclosure of personal information contrary to applicable law or our Privacy Policy.

Please do not send trade secrets, proprietary designs, or other confidential business information through general website forms or unsolicited email. Submission alone does not create a confidentiality obligation. A separate confidentiality agreement, where applicable, controls.

These provisions do not require you to transfer ownership of a consumer review or waive legally protected review rights.

7. Privacy and Communications

Our Privacy Policy describes how we collect, use, and disclose personal information. Please review it before submitting personal information through the Site.

These Terms do not authorize processing that would otherwise violate applicable privacy law or replace consent where consent is required.

We may communicate electronically to respond to inquiries or provide notices relating to your use of the Site. Electronic communications satisfy writing requirements only to the extent applicable law permits.

Submitting an inquiry does not, by itself, constitute consent to unrelated marketing communications. Marketing subscriptions and unsubscribe requests will be handled according to the applicable signup process, our Privacy Policy, and applicable law.

Keep copies of information important to you. The Site is not intended to serve as a storage or backup service. Nothing in this section limits our legal responsibilities concerning personal information.

8. Third-Party Websites and Services

The Site may contain links to third-party websites or resources. Unless expressly stated, a link does not constitute endorsement or a guarantee of their content, products, or services.

Third-party websites and services operate under their own terms and privacy practices. We do not control them, and your interactions with them are your responsibility, subject to applicable law.

9. Site Management, Availability, and Termination

We may monitor and manage the Site to maintain its operation, investigate misuse, and protect Earthline and others.

Subject to applicable law, we may restrict or terminate access when reasonably necessary to address a breach of these Terms, unlawful activity, security concerns, or operational requirements. You may discontinue use at any time. You may not circumvent an access restriction.

We may modify, suspend, or discontinue all or part of the Site. Maintenance, technical problems, and circumstances outside our reasonable control may interrupt access. We do not guarantee uninterrupted availability.

We may correct errors, inaccuracies, or omissions and update preliminary information. This does not permit us to disregard binding contractual commitments or applicable legal obligations.

Provisions that by their nature should survive termination—including intellectual property, feedback licenses, disclaimers, liability limitations, indemnification, and dispute resolution—will survive to the extent applicable.

10. Website Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Site will be uninterrupted, secure, error-free, or free from harmful code, or that preliminary information will remain current or complete.

Site information is general information and does not replace product-specific documentation, professional advice, or a separate written agreement.

These disclaimers concern the Site. They do not override express warranties in a separate agreement, excuse misleading representations, or exclude warranties or rights that applicable law does not permit us to exclude.

11. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EARTHLINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $100 OR THE AMOUNT YOU PAID EARTHLINE SPECIFICALLY FOR ACCESS TO THE SITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to fraud, willful misconduct, gross negligence, or any liability that cannot lawfully be excluded or limited. They do not limit non-waivable statutory remedies.

These website limitations do not establish liability limits for future product purchases or other transactions governed by a separate agreement.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Earthline and its officers, directors, employees, and agents against third-party claims, damages, liabilities, and reasonable legal expenses to the extent arising from:

• Your unlawful use of the Site.
• Your material breach of these Terms.
• Your submission of materials that infringe a third party’s rights.

This obligation does not apply to the extent a claim results from Earthline’s own breach of these Terms, negligence, willful misconduct, or violation of law.

We will give you reasonably prompt notice of a covered claim and reasonable opportunities to participate in its defense. We may control the defense using counsel of our choice, with reasonable cooperation from you. We will not agree to a settlement that imposes a non-monetary obligation or admission on you without your consent, which must not be unreasonably withheld.

13. Governing Law and Dispute Resolution

14. Changes and General Provisions

We may update these Terms. We will revise the “Last updated” date and provide additional notice of material changes where required by law. Revised Terms take effect on the date stated in the notice or, if no date is stated, when posted, subject to applicable notice and consent requirements.

Continued use after the effective date constitutes acceptance to the extent permitted by law. Changes will not retroactively alter dispute-resolution terms applicable to a dispute of which either party has already given written notice.

These Terms constitute the agreement concerning use of the Site. A separate written agreement controls matters it specifically addresses. Our Privacy Policy continues to govern the privacy matters it covers.

Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain effective to the extent legally permissible, subject to Section 13.

You may not transfer your rights or obligations under these Terms without our written consent. We may transfer them in connection with a merger, reorganization, or sale of the relevant business or assets, provided the transfer does not reduce your non-waivable rights.

Neither party is responsible for delay or failure caused by circumstances beyond its reasonable control, except where applicable law provides otherwise.

These Terms do not create a partnership, joint venture, employment, or agency relationship. Nothing in them waives rights or remedies that cannot lawfully be waived.