Web Site Terms & Conditions of Use

By your use of the energywellnessproducts.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 below. If you do not agree to abide by and to be legally bound by the 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  11pt">.  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.

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

Energywellnessproducts.com 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 energywellnessproducts.com 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.