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Terms and Privacy

Terms of Use

You of course exist and are welcome!

Energy and Artistry, LLC ("Energy and Artistry") humbly thanks you for engaging in its online experience ("Site"), and using its products and services ("Services")!

Ownership of Site | Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Energy and Artistry Site located at www.energyandartistry.com, and all associated sites linked to www.energyandartistry.com by Energy and Artistry. The Site is the property of Energy and Artistry. By using the Site, you agree to these terms of use: if you do not agree, do not use the Site.

Energy and Artistry reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Energy and Artistry grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Energy and Artistry, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Energy and Artistry's express prior written consent.

You may use documentation of .pdf, .doc, .jpg, or .mp3 format purposely made available by Energy and Artistry for downloading from the Site, provided that you:

  1. not remove any proprietary notice language in all copies of such documents
  2. make no modifications to any such information, without Energy and Artistry's express prior written consent
  3. and not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Energy and Artistry reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks or servers connected to the Site, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Energy and Artistry, including any Energy and Artistry account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Energy and Artistry's systems or networks, or any systems or networks connected to the Site or to Energy and Artistry.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Energy and Artistry on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Energy and Artistry or others.

Purchases | Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Energy and Artistry's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Energy and Artistry may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Energy and Artistry makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Energy and Artistry username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Energy and Artistry immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Energy and Artistry or any other user of or visitor to the Site due to someone else using your Energy and Artistry username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's Energy and Artistry username, password or account at any time without the express permission and consent of the holder of that Energy and Artistry username, password or account. Energy and Artistry cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Energy and Artistry's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Energy and Artistry Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to Energy and Artistry's visitors. Such Linked Sites are not under Energy and Artistry's control, and Energy and Artistry is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Warranties and Disclaimers

Energy and Artistry provides Services using a commercially reasonable and passionate level of skill and care to your hopeful enjoyment and satisfaction. But there are certain things that Energy and Artistry does not promise about its Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ENERGY AND ARTISTRY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, ENERGY AND ARTISTRY DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ENERGY AND ARTISTRY PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, ENERGY AND ARTISTRY EXCLUDES ALL WARRANTIES.

Liability for Energy and Artistry's Services

WHEN PERMITTED BY LAW, ENERGY AND ARTISTRY, AND ENERGY AND ARTISTRY'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ENERGY AND ARTISTRY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID ENERGY AND ARTISTRY TO USE THE SERVICES (OR, IF ENERGY AND ARTISTRY CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, ENERGY AND ARTISTRY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnity

You agree to indemnify and hold Energy and Artistry and owner harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Energy and Artistry by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Energy and Artistry may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Energy and Artistry's rights or property, or the rights or property of visitors to or users of the Site, including Energy and Artistry's customers. Energy and Artistry reserves the right at all times to disclose any information that Energy and Artistry deems necessary to comply with any applicable law, regulation, legal process or governmental request. Energy and Artistry also may disclose your information when Energy and Artistry determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Energy and Artistry may preserve any transmittal or communication by you with Energy and Artistry through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Energy and Artistry determines that such preservation or disclosure is reasonably necessary to:

  1. comply with legal process
  2. enforce these Terms of Use
  3. respond to claims that any such data violates the rights of others
  4. or protect the rights, property or personal safety of Energy and Artistry, its owner, users of or visitors to the Site, and the public.

You agree that Energy and Artistry may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Energy and Artistry, for which monetary damages would be inadequate, and you consent to Energy and Artistry obtaining any injunctive or equitable relief that Energy and Artistry deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Energy and Artistry may have at law or in equity.

You agree that Energy and Artistry may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

  1. requests by law enforcement or other government agencies
  2. a request by you (self-initiated account deletions)
  3. discontinuance or material modification of the Site or any service offered on or through the Site
  4. or unexpected technical issues or problems.

If Energy and Artistry does take any legal action against you as a result of your violation of these Terms of Use, Energy and Artistry will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Energy and Artistry. You agree that Energy and Artistry will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law | Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Energy and Artistry and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If Energy and Artistry is unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Energy and Artistry administers and operates the www.energyandartistry.com Site from its location in Maplewood, Minnesota USA; other Energy and Artistry sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Energy and Artistry reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Energy and Artistry with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Energy and Artistry with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Energy and Artistry, Energy and Artistry will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Energy and Artistry's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Energy and Artistry of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Energy and Artistry and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Energy and Artistry provides access to Energy and Artistry international data and, therefore, may contain references or cross references to Energy and Artistry products, programs and services that are not announced in your country. Such reference does not imply that Energy and Artistry in your country intends to announce such products, programs or services.

Scripture quotations taken from THE HOLY BIBLE, NEW INTERNATIONAL VERSION®, NIV®. Copyright © 1973, 1978, 1984 by Biblica US, Inc.®. Used by permission.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Energy and Artistry shall be free to use such information on an unrestricted basis.

Updated by the Energy and Artistry owner on April 25, 2012

Privacy Policy

A Top Priority

Obviously, your online security is vital! Energy and Artistry is committed to taking critical security measures in keeping your personal information safe.

Your Security | Information Collected

Before you enter your personal information into any online form, you can verify a secure online connection by looking for a small padlock icon in your browser address bar or look for "https://" at the beginning of the website address in your browser address bar.

When you enter any personal information, the information is sent to Energy and Artistry over an encrypted internet connection using Secure Socket Layer (SSL) technology. SSL encrypts your personal information before it leaves your device.

Local Storage
Energy and Artistry may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Cookies and anonymous identifiers
Energy and Artistry uses various technologies to collect and store information and this may include sending one or more cookies or anonymous identifiers to your device.

Energy and Artistry uses the information it collects from all of its Services to provide, maintain, protect and improve them, to develop new ones, and to protect Energy and Artistry and its users.

Information you share

Your contact information will be utilized by Energy and Artistry to provide information that may be of interest to you or Services you've requested.

Information Energy and Artistry shares

Energy and Artistry does not share personal information with companies, organizations and individuals outside of Energy and Artistry unless one of the following circumstances apply:

  • With your consent
    Energy and Artistry will share personal information with companies, organizations or individuals outside of Energy and Artistry when it has your explicit consent to do so.
  • For external processing
    Energy and Artistry provides personal information to Energy and Artistry's affiliates or other trusted businesses or persons to process your information, based on Energy and Artistry's instructions and in compliance with Energy and Artistry's Privacy Policy and any other appropriate confidentiality and security measures.
  • For legal reasons
    Energy and Artistry will share personal information with companies, organizations or individuals outside of Energy and Artistry if it has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    • meet any applicable law, regulation, legal process or enforceable governmental request.
    • enforce applicable Terms of Service, including investigation of potential violations.
    • detect, prevent, or otherwise address fraud, security or technical issues.
    • protect against harm to the rights, property or safety of Energy and Artistry, its users or the public as required or permitted by law.

Energy and Artistry may share aggregated, non-personally identifiable information publicly and with its partners - like publishers, advertisers or connected sites. For example, Energy and Artistry may share information publicly to show trends about the general use of its Services.

Application

Energy and Artistry's Privacy Policy applies to all of the products and services offered by Energy and Artistry, LLC.

Enforcement

Energy and Artistry regularly reviews its compliance with its Privacy Policy. When Energy and Artistry receives formal written complaints, it will contact the person who made the complaint to follow up. Energy and Artistry works with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that it cannot resolve with its users directly.

Changes

Energy and Artistry's Privacy Policy may change from time to time. Energy and Artistry will not reduce your rights under this Privacy Policy without your explicit consent. Energy and Artistry will post any privacy policy changes on this page.

Updated by the Energy and Artistry owner on February 24, 2013

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©Elwyn A Fraser Jr

©Elwyn A Fraser Jr

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