Privacy Policy
Web Site Terms and Conditions of Use
By your use of the energywellnessproducts.com and its associated websites (energywellnesscenter.net), (the
Site), you agree to abide by and to be legally bound by the terms and conditions, disclaimers , and notices, (also
designated as the agreement), we have established and outlined below in this privacy policy. If you do not agree to
abide by and to be legally bound by the privacy policy agreement we have established, you may not access or
otherwise use the Site.
The Site is owned and administered by Mara S. Gerke, dba Energy Wellness Products (also designated as "our" and
"we"). All Content is protected by copyright laws. All Site design, graphics, and images, (the Content) are
Copyright © 2006, Energy Wellness Products.
You can view the Site's content for your personal, noncommercial use only. This means that you can view the
contents of the Site on your computer. You agree that you do not obtain any ownership rights by retaining any
copyrighted material. You are required to conform with all relevant laws, regulations and rules regarding your use
of copyrighted material. You can not and will not distribute, create derivative works from, participate in the
transfer or sale of, post on the World Wide Web, reproduce, transmit, or in any other way exploit the content of
the Site for any public or commercial use. Specifically, you cannot include the Content in another publication or
product, or on another Web site, or computer network. You are bound by this agreement when you access the Site and
until you have deleted all Content that you have retained from the Site; you are also bound by this agreement
whether you retained the Content under the terms of this agreement or not.
Copyright Notices
All trademarks, company names or logos and product names appearing on the Site are the property of their
respective owners. Use of such trademarks, company names or logos and product names, including the reproduction,
distribution, or modification without the prior written permission of the owner, is strictly prohibited.
Website Privacy Notice
Described herein is the Privacy Policy of Energy Wellness Products with respect to your use of the Site. The
Site contains links and pointers to other sites that enact their own privacy policies. Energy Wellness Products is
committed to respecting your privacy. We do not rent, lease or sell information about the Site's users, or our
customers to third parties. Energy Wellness Products may analyze aggregate data that is anonymous and contains no
personal information that identifies a user. The Site may send your computer a cookie, when you access the Site.
Cookies do not identify a Site user, but they do identify a user's computer. When you request our assistance via
email, telephone, mail, or fax, or when you make a purchase, you send your name and contact information. We use
this information for internal purposes only: to process your order, to maintain or update your account, or to send
you updates about the Site, its Content, special offers, and events. We may send you email to inform you about your
order, your requests, or your self described interests. This email will be sent to the email address you send to
Energy Wellness Products. We offer you the choice to not receive e-mails or updates. If you do not wish to receive
any updates simply email your request to admin@energywellnessproducts.com. If you wish to opt-out of the website privacy notice,
please contact us at (260) 724-2425 or (800) 728-2425. You can also write us at 421 S. 13th Street, Decatur, IN
46733 Attention: Web Privacy, Energy Wellness Products.
Disclaimer
Energy Wellness Products reserves the right, at its sole discretion, to correct any errors or omissions, to
change, modify, terminate, or suspend, to add or remove any portion of these terms and conditions of use, in whole
or in part, in any portion of the Site, at any time. Changes in these terms and conditions of use will be in force
when posted. Your use of the Site after any changes to these terms and conditions of use are in force will be
considered acknowledgement of those changes. Price and availability information is subject to change without
notice. You agree that your use of the Site is at your own risk. In the event that you experience unsatisfactory
results with the Site, or any components of the Site, your only redress is to stop accessing the Site. You hereby
agree that these disclaimers shall apply to any and all Content and services obtainable from the Site.
Third Party Links
Our website may contain links and pointers to other websites and resources on the Internet that are controlled
or operated by third parties. These links are provided solely as a convenience to our visitors and do not
constitute an endorsement or sponsorship by us, our members, partners, or affiliates of any third party website,
resources, content, products and/or services. Links do not imply that we are affiliated or associated with, or
otherwise recommend or certify, the third party link or website. Any concerns regarding links to third party
websites should be directed to the respective website operator. Energy Wellness Products, its members, partners,
affiliates and any entities under common ownership or control are not responsible or liable for the content,
materials, products and/or services offered over any third party websites, or for any collection, use and
disclosure practices of such third parties. We reserve the right, in our sole discretion, to terminate third party
links that we deem inappropriate or inconsistent with our website.
Advice and Opinions
Our website may contain facts, views, opinions and/or statements of third parties, visitors and other
organizations. Energy Wellness Products, its members, partners, affiliates and entities under common ownership or
control do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other
information displayed or distributed on our website. You acknowledge that any reliance upon any such advice,
opinion, statement or other information appearing on this website shall be at your sole risk, and you agree that
Energy Wellness Products, its members, partners, affiliates and entities under common ownership or control shall
not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been
caused in any way whatsoever related to any advice, opinions, statements or other information displayed or
distributed on our website.
Choice of Law and Forum Energywellnesscenter.net is originated and located in the United
States, and this Agreement shall be governed by and construed in accordance with the laws of the State of Indiana,
excluding its conflicts of law rules. We make no representations that any Material or content on this website is
appropriate or available for access. Visitors who choose to access this website from locations outside of the
United States do so on their own initiative and are responsible for compliance with local laws and regulations. Any
dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the
exclusive jurisdiction of the courts located within the state of Indiana, and you hereby submit to the personal
jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision
shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and
the remaining provisions of this Agreement shall remain in full force and effect.
Disclaimer of Warranties
THE INFORMATION ON OUR WEBSITE IS PROVIDED "AS IS." WE DO NOT WARRANT, EITHER EXPRESSLY OR BY
IMPLICATION, THE ACCURACY OF ANY MATERIALS PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE,
AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM
SOURCES WE BELIEVE TO BE RELIABLE, ENERGY WELLNESS PRODUCTS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY,
TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY
PARTICULAR PURPOSE. NEITHER WE, NOR ANY OF OUR MEMBERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, PROGRAM PRODUCERS, SPONSORS OR ENTITIES UNDER COMMON OWNERSHIP OR CONTROL WITH ENERGY WELLNESS PRODUCTS ARE
LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE
EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN
MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITORS
ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITORS
INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIALOGUE BETWEEN HOSTS OR OTHER VISITORS;
(V) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, DEFECT OR TECHNICAL
MALFUNCTIONS; OR (VI) FROM ANY VISITORS FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES
GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ENERGY WELLNESS PRODUCTS OR OF ANY VENDOR PROVIDING
SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL ENERGY WELLNESS PRODUCTS, ITS MEMBERS, PARTNERS, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS OR ENTITIES UNDER COMMON OWNERSHIP OR CONTROL WITH ENERGY WELLNESS PRODUCTS BE LIABLE
TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES
OF ANY KIND EVEN IF ENERGY WELLNESS PRODUCTS, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS
OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF
OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. ENERGY WELLNESS PRODUCTS, ITS MEMBERS,
PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ENTITIES UNDER COMMON OWNERSHIP OR CONTROL WITH
ENERGY WELLNESS PRODUCTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE
OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEBSITE.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ENERGY WELLNESS PRODUCTS, ITS MEMBERS, PARTNERS, AFFILIATES AND
ENTITIES UNDER COMMON OWNERSHIP OR CONTROL WITH ENERGY WELLNESS PRODUCTS FROM AND AGAINST ALL CLAIMS, LOSSES,
EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF
USE.
Security Measures
Please review our Security Procedures in our energywellnesscenter.net Privacy Policy for
information on our security measures and the protection of your personal information. All the terms and conditions,
disclaimers, and notices described above represent the entire agreement between you and Energy Wellness Products
regarding your relationship with the Site, and supersedes any previous representations or statements. No waiver by
either you or Energy Wellness Products of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.
All Site design, graphics, and images (the Content) are Copyright © 2006 Energy Wellness Products or our
contributing vendors/affiliates.
By your use of the energywellnessproducts.com site, (the Site), you agree to abide by and to be legally bound by
the terms and conditions, disclaimers, and notices, (also designated as the agreement), we have established and
outlined above.
E-mail
E-mail is an important communication method for our online visitors. The visitor in whose name the e-mail
account is registered should generate all e-mail sent to us. E-mail users shall not mask their identity by using a
false name or another person's name or account. Any personal information transmitted with an e-mail will be
protected in accordance with the policies set forth in our energywellnessproducts.com Privacy Policy. Any
non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers,
questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no
obligation to protect such non-personal information contained in the e-mail from disclosure.
Copyright Infringement Concerns
If you believe in good faith that Materials or information appearing on this website infringes on your
copyright, you (or your agent) may send us a notice, in accordance with the requirements provided in the Digital
Millennium Copyright Act of 1998 (DMCA), requesting that we remove or block access to the infringing Material.
Notices should be sent to:
Copyright Agent
Energy Wellness Products
421 S. 13th Street
Decatur, IN 46733
We have adopted a policy where we may, in circumstances that we in our discretion deem appropriate, terminate
the membership or accounts of visitors that are repeat infringers.
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